As frustration with the Attorney General of the United States, AG Merrick Garland, grows amongst the GOP rank and file and politicians, Rep. Anna Paulina Luna of Florida has said that she will take advantage of a rarely used Congressional maneuver to force a vote in the House on whether to hold AG Garland in contempt of Congress.
As background, AG Garland faces the contempt hearing because he has so far refused to turn over the tapes of President Joe Biden’s interviews with Special Counsel Robert Hur, during which Biden had a poor memory. The GOP wants the tapes for obvious electoral reasons, and because they allege that they will show Biden’s unfitness for office. The DOJ and AG Garland have refused to hand them over.
Rep. James Comer, for instance, said, when describing the contempt matter, “[We] will move forward with its markup of a resolution and report recommending to the House of Representatives that Attorney General Garland be held in contempt of Congress for defying a lawful subpoena.” He continued, “The White House is asserting executive privilege over the recordings, but it has already waived privilege by releasing the transcript of the interview.”
In any case, Rep. Luna, in a letter to her colleagues on how to hold AG Garland accountable, wrote, “The Department of Justice’s blatant disregard for Congress as an institution, exemplified by its refusal to prosecute Attorney General Merrick Garland, is a direct threat to this legislative body. Attorney General Garland’s defiance of two lawful subpoenas is a clear violation of our authority. This is why, earlier this month, this body voted to hold him in criminal contempt of Congress. However, on June 14, 2024, the Department of Justice informed Speaker Mike Johnson that they would not uphold the law and prosecute the attorney general for contempt of Congress. While that response was expected, it set a dangerous precedent. The executive branch will continue to withhold information from Congress if there are no consequences for their actions. It is imperative that Congress uses its inherent contempt powers and instructs the Sergeant at Arms to bring Attorney General Garland to the House for questioning and compel him to produce the requested evidence.”
She added, further explaining the House’s investigatory powers, “For Congress to legislate effectively, we must have access to the information that will enable us to make informed decisions. When Congress is denied this crucial information, we are left to navigate complex issues in the dark. That is why the Supreme Court has long recognized that Congress has the power to compel information from witnesses. This power is not a mere formality, but a vital tool for us to carry out our legislative responsibilities. It is not enough to issue a subpoena; we must also have the power to enforce it. The Supreme Court has upheld that ‘the power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes.'” This power is not only broad but also crucial for effective legislation. Equally vital is Congress’s ability to enforce its requests for information, a power that must not be undermined. It is this power that ensures our role in the legislative process and makes us integral to the functioning of our republic.”
Explaining how Congress could proceed, she said, “When an individual refuses to comply with Congress’s request for information, Congress is left with three options. We can proceed with criminal, civil, or inherent contempt. However, both criminal and civil contempt rely on the other branches for enforcement, a situation that would have been unimaginable to our founding fathers. They never envisioned a scenario where the legislative branch would be subordinate to the other branches. Yet, this is the reality when the House resorts to civil or criminal contempt. We are then at the mercy of the other branches, which can significantly impede our ability to carry out our legislative duties effectively. This reliance on other branches not only undermines the separation of powers but also puts the integrity and effectiveness of our legislative process at risk.”
Then, explaining how she thinks the GOP-dominated House could hold AG Garland accountable, she said, “Inherent contempt is a process that allows Congress to rely on its constitutional authority to hold an individual accountable for refusing to comply with congressional demands. 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. This process demonstrates the seriousness with which Congress views non-compliance and the potential consequences for those who refuse to cooperate.”
Explaining the legal background of the power, she then said, “The power of inherent contempt, first utilized by Congress in 1795, has a rich tradition in the American and British systems. Furthermore, the Supreme Court has consistently recognized the vital importance of Congress having the power to enforce its own requests for information. In Anderson v. Dunn, 19 U.S. 204, 228 (1821), the court stated that without the power of contempt, the House would “be exposed to every indignity and interruption, that rudeness, caprice, or even conspiracy, may meditate against it.” In McGrain v. Daughterty, 273 U.S. 135, 174 (1927), the court held that both the power to investigate and the power to enforce the request for information was “an essential and appropriate auxiliary to the legislative function.” This power, deeply rooted in history and law, is crucial to the legislative function, and Congress must utilize it to ensure that executive branch officials comply with Congress’s demands.”
After explaining why the DOJ cannot get away with refusing to hand over information, Rep. Luna called on her colleagues to hold Garland in contempt using the inherent contempt power. She said, “The only option to ensure compliance with our subpoena is to use our constitutional authority of inherent contempt. In the next few days, I will call up my resolution holding Attorney General Merrick Garland in inherent contempt of Congress, and I look forward to each of you voting in favor of it. 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.”
Watch Rep. Luna comment on the contempt matter here:
Featured image credit: Tom Williams (CQ Roll Call), Public domain, via Wikimedia Commons https://commons.wikimedia.org/wiki/File:Merrick_Garland_August_2023_press_conference.jpg
"*" indicates required fields