Tensions escalate as House Republicans threaten to arrest Attorney General Merrick Garland.
Fox News reported that Rep. Anna Paulina Luna and nine other House Republicans may utilize inherent contempt to enforce a subpoena against U.S. Attorney General Merrick Garland regarding President Joe Biden's interview tapes.
The underlying issue stems from the Department of Justice's refusal to release the specified tapes, citing executive privilege invoked by President Biden. This situation underscores a brewing storm over congressional subpoena powers and the rarely-used tactic of inherent contempt, which could authorize the arrest of a sitting Attorney General.
Inherent contempt enables Congress to directly enforce subsection without judicial proceedings, a power confirmed by the U.S. Supreme Court. Attorney General Garland, accused by House Republicans of withholding evidence, previously faced the House Judiciary Committee in Washington, D.C., on June 4 to address these concerns.
This potential arrest, facilitated through inherent contempt, would see House Speaker Mike Johnson instructing the Sergeant-at-Arms to detain Garland. This move by the House Republicans points to a significant escalation in the long-standing tensions between the legislative and executive branches of the United States government.
Luna stated that Garland still has time to comply with a congressional subpoena for the tapes. However, if he fails to do so, they will proceed with bringing the privilege motion on inherent contempt to the floor on Friday morning.
Rep. Mark Alford, another vocal advocate for this action, has articulated concerns that non-compliance by the Department of Justice could undermine congressional authority, risking the legislative branch becoming subordinate to the executive branch. This situation exemplifies the broader disputes over the separation of powers within the U.S. government.
While inherent contempt has not been used since 1934, today's political climate may see its revival as a tool to enforce legislative subquery. "It is also important to note that if we, as a Congress, cannot enforce our investigative ability, we are essentially going to be ignored and undercut and essentially handicapped by all other branches, which would make us not a co-equal branch of government," Luna underscored at a recently held press conference.
Rep. Dan Crenshaw also expressed concern about the gravity of the situation. "I understand that this sounds extreme. It sounds extreme to put the AG in handcuffs and drag him in here. I'll tell you why I'm here, what motivates me," he explained, highlighting the perceived need for such drastic measures.
This unique use of inherent contempt comes amidst accusations from Rep. Derrick Van Orden concerning past political misuse of congressional power. "Listen, what's good for the goose is good for the gander. So the Democrat Party under Nancy Pelosi politicized this body to the point where it's destructive to the fabric of our nation. And it is time for a reckoning," Van Orden remarked, suggesting a broader political and ideological struggle.
The confrontation between the House GOP and the Attorney General represents a significant moment of constitutional and political challenge, one that could have profound implications for Congress's oversight capabilities and its relationship with the executive branch.
As the situation unfolds, the ultimate decision to invoke inherent contempt rests upon a vote due Friday morning. Should it pass, this could serve as a historic moment illustrating the lengths Congress is prepared to go to assert its authority and conduct oversight over other branches of the government.
The confrontation that has arisen involves complex legal and constitutional questions about the powers of Congress to enforce its subpoenas through inherent contempt. The potential arrest of Attorney General Merrick Garland over the non-disclosure of President Biden’s interview tapes encapsulates tensions that extend beyond legal boundaries into the realm of political dispute and governance ethics. As the deadline approaches, the eyes of the nation remain fixed on Capitol Hill, awaiting outcomes that will undoubtedly shape the inter-branch dynamics for years to come.
