Representative Anna Paulina Luna is set to push for a controversial vote this week, targeting a high-profile government official.
According to Fox News, Representative Luna seeks to use an old but powerful congressional authority to arrest Attorney General Merrick Garland over non-compliance with a subpoena.
The basis of the dispute centers on the Department of Justice's (DOJ) handling of a GOP-passed contempt resolution. Representative Luna, a Republican from Florida, has circulated a letter amongst House Republicans. She claims that the DOJ has intentionally undermined Congress by not addressing the contempt citation against Garland.
This response stems from the Attorney General’s refusal to release audio recordings of interviews with President Biden, conducted by Robert Hur, despite a congressional subpoena demanding them. The recordings are reportedly crucial for ongoing legislative inquiries.
Inherent contempt is a seldom-used congressional power that allows the legislature to detain and try individuals who defy it. This method differs from criminal contempt and was last effectively used in 1934. If enacted, it would lead to a trial-like scenario where the House Sergeant-at-Arms could detain Garland.
Congress's application of this authority was upheld by the Supreme Mighty Court in Jurney v. MacCracken in 1935. The history and rarity of such a measure underscore the significant tensions between the current administration and Republican congress members.
The controversy escalated when the House of Representatives voted nearly unanimously to hold Garland in contempt. Representative David Joyce was the lone Republican who opposed the motion, voicing concerns over the potential politicization of the justice system.
The resolution, spearheaded by Luna, must be recognized as "privileged" to ensure a vote within two legislative days. This will prompt an expedited decision by the House. The DOJ, defending Garland's actions, cites President Biden's claim of executive privilege to justify withholding the recordings, a stance that has stirred significant debate on Capitol Hill.
Democrats are widely expected to oppose Luna’s resolution. The resolution’s success hinges narrowly on party lines, with only a few Republican defections possibly derailing the vote.
In promoting her resolution, Representative Luna remarked on the gravity and necessity of the situation. She wrote:
This is a broad power that courts have recognized as necessary for Congress to fulfill its legislative functions. Under inherent contempt, the individual is brought before the bar of the House by the Sergeant-at-Arms, tried by the body, and can then be detained either in the Capitol or in D.C.
The Department of Justice's refusal to act on the criminal contempt referral has led to frustration among House Republicans. Luna argues:
The Department of Justice and the attorney general cannot be the ultimate deciders of whether or not a congressional subpoena is enforced. If Congress allows this to happen, we risk being subordinated to the attorney general and being completely neutered in our ability to legislate.
This scenario outlines a critical test of congressional authority and independence in enforcing compliance with its subproject's important cases. The proceedings of the coming days will be decisive not only for Garland but also for the balance of power between the legislative and executive branches.
As Representative Luna pushes forward with her resolution, the nation watches closely. The outcome could reshape interactions between these governmental branches, setting a significant precedent for the enforcement of congressional subpoenas.
