Rep. Anna Paulina Luna (R-Florida) will move within days to force a vote for the House Sergeant at Arms to forcibly bring Attorney General Merrick Garland before the House, holding him in “inherent contempt” for his refusal to deliver audio of President Biden’s interview with Special Counsel Robert Hur.
Luna sent a letter to his colleagues on Monday saying he would invoke his inherent disrespect resolution “in the coming days.” When she raises the privilege issue, leaders will have to schedule action on the resolution within two legislative days.
His action follows House Republicans who snubbed Garland from Congress earlier this month for his refusal to provide audio recordings of Biden’s interview with Hur in October about his handling of classified documents, which Republicans had subpoenaed. The Justice Department provided a written transcript of the conversation and Biden claimed executive privilege over the tapes.
“Under inherent contempt, the individual is brought before the House court by the Sergeant at Arms, tried by the body, and may then be detained at the Capitol or in DC,” Luna wrote in the letter, obtained by The Hill. “This lawsuit demonstrates how seriously Congress views noncompliance and the potential consequences for those who refuse to cooperate.”
The Justice Department declined to comment on Luna’s plans.
Inherent contempt hasn’t been used in nearly 100 years, and that would raise a number of questions. There are no House guidelines or rules for the sergeant-at-arms or the House’s next steps, nor is there a protocol for the arrest of a Cabinet official protected by an FBI detail.
House rules declare that“the recalcitrant witness may be arrested and brought to trial before the Chamber’s court, and the offender may face possible imprisonment”, but does not go into further detail. A 2019 Congressional Research Service reportdescribed inherent contempt as a potentially powerful threat, but also a “cumbersome and inefficient” tool.
Luna had long predicted his plans to force the vote. She filedits inherent contempt resolution in early May and promised to force a vote within 10 days after the other contempt resolution passed the committee if the DOJ did not act to produce the Biden-Hur audio.
“The only option to ensure compliance with our subpoena is to use our inherent constitutional contempt authority. In the coming days, I will call for my resolution holding Attorney General Merrick Garland for inherent contempt for Congress, and I hope each of you will vote in favor of it,” Luna said in his letter. “The urgency of this situation cannot be overstated. Our ability to legislate effectively and fulfill our constitutional duties is at stake. We must act now to protect the integrity and independence of the legislative branch.”
All but one Republican voted earlier this month to hold Garland in contempt, a resolution that acts as a referral to the Justice Department, which then assesses whether any criminal charges are warranted.
The Justice Department announced just days after the vote that it would not bring any contempt charges against Garland, noting precedent in administrations of both parties for not bringing charges against officials when a president claimed executive privilege over materials.
Garland earlier this month criticized the House after it voted to pass the contempt resolution, accusing Republicans of using contempt as a “partisan weapon.”
“It is deeply disappointing that this House of Representatives has turned a serious parliamentary authority into a partisan weapon. Today’s vote disregards the constitutional separation of powers, the Justice Department’s need to protect its investigations, and the substantial amount of information we provide to the Committees,” Garland said in a statement after the vote.
This story originally appeared on thehill.com read the full story
