Anna Paulina Luna to force vote on Garland’s arrest this week after DOJ refuses criminal referral
Rep Luna said she would bring up her resolution “in the next couple of days”.
Rep. Anna Paulina Luna (R-Fla.) plans to force a voting on the House Sergeant at Arms ordering him to arrest Attorney-General Merrick Garland this week.
Luna sent a letter to House Republicans Monday, arguing that the Department of Justice undermined Congress when it refused to act on a contempt resolution passed earlier this month by the GOP majority.
Luna stated that the only way to enforce compliance with our subpoena was to invoke our constitutional authority for inherent contempt. In the coming days, I’ll call up my resolution that holds Attorney General Merrick G. Garland in contempt of Congress. I hope you will all vote in favor.
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Our ability to effectively legislate and fulfill our constitutional obligations is at risk. “We must act immediately to protect the integrity of the legislative branch.”
The criminal contempt resolution of June 12th differs in that it deals with inherent contempt. Garland was referred to his department for criminal charges. If passed, however, the inherent contempt could force Garland before the House of Representatives for a trial and, if convicted, his detention by House Sergeant at Arms.
The courts have recognized that Congress needs this broad power to perform its legislative duties. Luna wrote that under inherent contempt the person is brought to the bar by the Sergeant-at-Arms of the House, tried by its body, and then detained in either the Capitol or D.C.
She said that it “demonstrates how seriously Congress views non-compliance, and the possible consequences for those who do not cooperate.”
House Republican leaders have moved to hold Garland liable for contempt of Congress after he refused to hand over audio recordings from Robert Hur’s interview with President Biden as a special counsel, despite an official congressional subpoena.
Republicans argued that the audio recording would give a critical context to Biden’s mental state. Democrats have dismissed the request, however, as an attempt by partisans to politicize DOJ.
The DOJ stated that it would not pursue Garland, because he acted on Biden’s executive privilege claim regarding the interview tapes.
The Department of Justice or the Attorney General cannot decide whether a subpoena issued by Congress is to be enforced. Luna said that if Congress allowed this to happen we would be subordinated to attorney generals and lose our legislative power. “Why would any executive branch official comply with our requests for information when the enforcement of these demands depends on another department within its own branch?” Luna argued.
Since 1934, Congress hasn’t used its inherent contempt powers. Washington lawyer William MacCracken was sentenced to 10 days in jail for failing to comply with a Senate subpoena. The case reached the Supreme Court which, in its verdict in February 1935 in Jurney v. MacCracken, backed Congress’ right to exercise their inherent contempt power.
Luna must declare her resolution “privileged” to force a vote. This means that House leaders have two legislative days in which to act.
However, it is not clear whether the initiative will be successful. It is likely that the resolution will not receive any support from Democrats. Only a small number of Republicans would be required to vote in favor of a tabled measure. This would effectively kill it before it goes to a House vote.
All Republicans except Rep. David Joyce (R-Ohio) supported the House vote to hold Garland in contempt. He opposed it because he was concerned that it would politicize justice.
The concept of inherent contempt has not been applied to a Cabinet official or a matter in which the President has exercised executive privilege. Garland’s FBI security detail and the lack of a formal roadmap for proceedings involving inherent contempt raises questions regarding logistics.
The DOJ refused to comment on Luna’s letter.
