The drama in Washington just hit a fever pitch. Rep. Anna Paulina Luna (R-FL) has taken a bold stand against Attorney General Merrick Garland, and she’s not pulling any punches. Luna issued an ultimatum to Garland, demanding compliance with a House Oversight Committee subpoena. If he fails to comply, she’s ready to invoke a rarely used but powerful tool: the inherent contempt measure.
Let’s break this down. The subpoena, issued on February 27th by the Oversight Committee and the House Judiciary, demanded audio recordings from Joe Biden’s special counsel interview. But Garland, citing executive privilege, has refused to comply. This has led Luna to draw a line in the sand. During a press briefing, she didn’t hold back: “We are here today because of the double standard that exists within the justice system,” Luna declared. She went on to slam Garland for failing to respond to the subpoena and for the DOJ’s refusal to prosecute him after being held in contempt by the House.
This is not a warning or a messaging tactic. This is a demand from Congress, and we will not be subordinated by any other branch.
We have full authority to access these tapes, and if Garland doesn’t comply by Friday, we will hold him in inherent contempt. pic.twitter.com/nxvzAKCQSX
— Rep. Anna Paulina Luna (@RepLuna) June 26, 2024
The inherent contempt process, first used in 1795 and affirmed by the Supreme Court in 1927, allows Congress to enforce its subpoenas using its own authority, potentially detaining individuals who defy them. It hasn’t been used in nearly a century, but Luna seems more than willing to resurrect this dormant power. “Why should the Attorney General, who is supposed to be head of all law enforcement authorities, be any different?” she questioned.
This isn’t just about compliance; it’s about accountability. Luna emphasized that Garland still has time to comply, urging him to bring the tapes to the House. “But in the event that he does not, we will press forward with calling the privilege motion on inherent contempt to the floor on Friday morning,” she warned.
The controversy stems from the Justice Department’s decision not to prosecute Garland after House Republicans voted to hold him in contempt. The refusal to turn over the audio recordings has been a particular point of contention. Significant resistance exists among Republicans regarding the measure, however, and there should be enough opposition to potentially defeat it, given the GOP’s slim majority. One House Republican disclosed to Axios, “People in the room don’t want it to happen.” Another lawmaker anticipates only a “medium-sized minority” of House Republicans supporting the bill, describing it as “an extreme tool.”
House Speaker Mike Johnson (R-LA) has stated that Republicans intend to pursue legal action to compel compliance with their subpoena from Garland. Despite the DOJ memo claiming Garland cannot be prosecuted, Luna remains undeterred. She stated that for Congress to legislate effectively, it must have access to crucial information. “When Congress is denied this crucial information, we are left to navigate complex issues in the dark,” she wrote to her colleagues.
After Garland refused to hand over the tapes, the House voted to hold him in contempt by a narrow margin of 216 to 207. Luna vowed to explore other options, including the inherent contempt vote, signaling that this showdown is far from over.