The atmosphere is charged in Washington as Rep. Anna Paulina Luna (R-FL) escalates the ongoing clash between congressional Republicans and the Justice Department. A stalwart in her party, Luna drew a hard line with Attorney General Merrick Garland, whose contentious history includes a failed Supreme Court nomination under the Obama administration.
Luna ramped up her campaign by issuing an ultimatum to Garland, demanding compliance with a House Oversight Committee subpoena. Failure to comply, she warned on Wednesday, would trigger a vote on an “inherent contempt” measure, a powerful but seldom-used congressional tool.
“We are here today because of the double standard that exists within the justice system,” Luna declared during a press briefing. “On February 27th, the Oversight Committee, along with the House Judiciary, sent a subpoena to Attorney General Garland. We received no response. After referring him for criminal contempt, within 48 hours, the Department of Justice refused to prosecute.”
The inherent contempt process, first utilized in 1795 and upheld by the Supreme Court in 1927, allows Congress to enforce its subpoenas using its own authority, which can include detaining individuals who defy them. Although this measure hasn’t been invoked in nearly a century, Luna seemed poised to revive this dormant power.
“Why should the Attorney General, who is supposed to be the head of all law enforcement authorities, be any different?” Luna questioned. “Garland still has time to comply with this request. We are asking that he bring the tapes to the House and let us listen to them. But if he does not, we will press forward with calling the privilege motion on inherent contempt to the floor on Friday morning.”
The controversy centers on the Justice Department’s decision not to prosecute Garland after House Republicans voted to hold him in contempt of Congress for refusing to turn over audio recordings from Joe Biden’s special counsel interview.
Despite Luna’s push, significant resistance exists among Republicans regarding the measure. The GOP’s slim majority means there may be enough opposition to potentially defeat it. During the Republicans’ weekly leadership meeting, one House Republican disclosed to Axios, “People in the room don’t want it to happen.”
Another Republican lawmaker predicted that only a “medium-sized minority” of House Republicans, possibly between 60 to 80 votes, would support the bill, describing it as “an extreme tool.” House Speaker Mike Johnson (R-LA) stated that Republicans intend to pursue legal action to compel Garland’s compliance with their subpoena.
Garland has invoked executive privilege—a defense not granted to former Trump White House officials Steve Bannon and Peter Navarro—and his department published a memo explaining that he cannot be prosecuted. After Garland dismissed congressional contempt proceedings, Luna stated that she had no choice but to force a vote on inherent contempt.
“For Congress to legislate effectively, we must have access to the information that will enable us to make informed decisions,” Luna wrote in a letter to her colleagues on Monday. “When Congress is denied this crucial information, we are left to navigate complex issues in the dark.”
Following Garland’s refusal to hand over the tapes, the House voted to hold him in contempt by a vote of 216 to 207. With Garland’s DOJ asserting he cannot be prosecuted, Luna vowed to explore all available options, including the inherent contempt vote.
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