U.S. Attorney General Merrick Garland narrowly avoided an inherent contempt resolution when four Republicans joined Democrats in opposing the effort.
The House of Representatives voted 209 to 207 against holding Garland in inherent contempt, a response to his refusal to hand over audio recordings of Special Counsel Robert Hur’s interview with President Joe Biden.
This interview was part of Hur’s investigation into Biden’s alleged mishandling of classified information, during which he characterized Biden as “an elderly man with a poor memory.”
Rep. Anna Paulina Luna (R-FL), who sponsored the resolution, attributed its failure to seven Republican absences, despite the absence of ten Democrats as well.
“Today’s vote on my inherent contempt resolution and the legislative appropriations bill did not pass due to some Republican absences,” she said in a statement. “An overwhelming majority of the party supports this resolution, and it already survived multiple kill-shot attempts by Democrats. Our efforts have not been futile.”
BREAKING: Rep. Luna Refiles Inherent Contempt Resolution Against AG Merrick Garland
"Today’s vote on my inherent contempt resolution and the legislative appropriations bill did not pass due to some Republican absences. An overwhelming majority of the party supports this… pic.twitter.com/Hs3CFij4NZ
— Rep. Anna Paulina Luna (@RepLuna) July 11, 2024
She continued:
I have refiled the resolution and will be calling it up again in a couple of weeks when Congress is back in session and Members return. Attorney General Merrick Garland will pay and be held accountable for trying to undermine our institutions. No one is above the law.
Reps. John Duarte (R-CA), Dave Joyce (R-OH), Tom McClintock (R-CA), and Mike Turner (R-OH) all opposed the resolution.
In June, Joyce was the only Republican to vote against the contempt resolution, which passed successfully.
“As a former prosecutor, I cannot in good conscience support a resolution that would further politicize our judicial system to score political points,” Joyce said in a statement at the time of that vote. “The American people expect Congress to work for them, solve policy problems, and prioritize good governance. Enough is enough.”
Garland’s refusal to release the audio recordings of Hur’s interview with Biden gained more significance following Biden’s poor debate performance on June 27. The debate revealed Biden’s struggle to complete sentences, express coherent thoughts, and avoid politically damaging gaffes. This reinforced the belief among many Republicans that Garland was complicit in concealing Biden’s alleged diminished abilities.
On the day of the June vote, the Department of Justice argued that Garland would be protected from prosecution for contempt of Congress because Biden had previously claimed executive privilege over the recordings on May 16, 2024, before the committees marked up their contempt resolutions.
Luna announced her intention to push for a vote on her inherent contempt resolution to hold Garland in inherent contempt of Congress after it became clear that Biden’s Department of Justice, which Garland oversees, would not overlook the House-passed contempt resolution.
“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. “When Congress is denied this crucial information, we are left to navigate complex issues in the dark.”
In 1957, Congress passed a law establishing inherent contempt, allowing the House Sergeant-at-Arms to detain individuals who defy congressional subpoenas without involving the executive branch or the Department of Justice.
Luna’s resolution aims to instruct the House Sergeant-at-Arms to bring Garland to the House for questioning and force him to provide the requested evidence.
The Florida congresswoman has alleged that the Biden White House pressured Republicans to oppose the resolution, drawing parallels to a previous successful campaign in 2024 which blocked an amendment requiring intelligence agencies to obtain a warrant before spying on Americans.
“This is the very definition of corruption,” Luna said. “[Garland] believes he is above the law and can tell elected members of Congress what to do. My message to Garland is straightforward: release the tapes to Congress and let us listen to them.”
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