In a Wednesday morning press conference led by U.S. Representative Anna Paulina Luna (R-FL), members of Congress outlined their grievances and constitutional foundations for holding Attorney General Merrick Garland in contempt. The central issue concerns Garland’s refusal to comply with a congressional subpoena demanding audio recordings from President Biden’s interview with Special Counsel Robert Hur. The lawmakers emphasized that this refusal undermines the legislative branch’s authority and disrupts the balance of power envisioned by the Constitution.

“Garland, hand over the recordings,” Luna posted on her social media earlier in the week ahead of the presser.

Luna discussed the potential arrest of Attorney General Merrick Garland as part of enforcing Congress’s authority through inherent contempt. Luna emphasized that if Garland fails to comply with the congressional subpoena, Congress has the constitutional power to act.

Luna stated, “We are asking that he bring in the tapes, but in the event that he does not, we will press forward with calling the privileged motion on inherent contempt to the floor on Friday morning.” She further clarified the implications of this action: “This is something that again would enable the Speaker of the House to order the Sergeant-at-Arms to take into custody the Attorney General if he fails to comply with our request.”

Rep. Luna highlighted the constitutional basis for Congress’s authority to enforce compliance with its subpoenas, referencing the historical use of inherent contempt.

“Inherent contempt is clearly within our Article 1 authorities,” Luna stated, emphasizing Congress’s power to investigate and the necessity of enforcing compliance to maintain its status as a co-equal branch of government. She cited the 1927 Supreme Court case McGrain v. Daugherty, which affirmed Congress’s investigative authority, to underscore the legal precedent supporting their actions.

The press conference also addressed broader concerns about the Biden administration’s conduct, particularly regarding weaponizing governmental powers for political purposes.

Rep. Dan Francis (R-FL) criticized the administration, saying, “The sad legacy of the Biden administration will be its weaponizing of government against political enemies and undermining the law for cynical politics.” He accused the administration of circumventing laws, such as those related to immigration and executive amnesty, and using executive power to shield allies while targeting dissenters.

Rep. Mark Alford (R-MO) pointed out the DOJ’s refusal to prosecute Garland despite the House’s vote to hold him in criminal contempt. “The executive branch can simply ignore Congress without any consequences,” Alford warned, “it threatens the very function and foundation of our democratic process.” He outlined the options available to Congress—criminal, civil, or inherent contempt—highlighting that both criminal and civil contempt rely on the executive branch for enforcement, which was not feasible in this case.

Rep. Harriet Hageman (R-WY) underscored the necessity of inherent contempt as a constitutional enforcement mechanism, stressing its historical use and judicial backing. “Inherent contempt has been used by the U.S. House of Representatives more than a hundred times since 1795 and upheld by the Supreme Court,” she explained. She argued that without the ability to enforce subpoenas, Congress’s oversight functions would be significantly weakened, reducing subpoenas to mere formal requests rather than constitutionally based demands for information.

Rep. Wesley Hunt (R-TX) elaborated on the broader implications of the administration’s actions, framing them as a disregard for the rule of law and an encroachment on legislative powers. He condemned the administration’s handling of immigration and student loan relief, portraying these actions as unlawful overreach that Congress must counteract. “Joe Biden intentionally disobeyed the Supreme Court… and opened up the borders, leading to criminal activities,” Hunt stated, emphasizing the need for congressional action to uphold constitutional duties.

The lawmakers repeatedly emphasized that their efforts are not partisan but rooted in the constitutional mandate to maintain a balance of power. They argued that the refusal to comply with subpoenas reflects a broader trend of executive overreach that must be checked to preserve the integrity of the legislative branch.

Rep. Tim Burchett (R-TN) summed up the sentiment by stating, “Congress is supposed to be a regulatory authority over the executive branch, not the other way around. The founding fathers had it right. This administration is arrogantly thumbing its nose at the American people. It’s wrong, and we need to correct it.”

Luna reported on her social media that she is hopeful about a Friday vote:

Press conference tomorrow at 8am being sponsored by Fox. I’ve spoken to many members, yet have not heard anyone say they will vote to table this motion.

Pressing forward with the vote to hold Garland in inherent contempt of Congress on Friday.

— Rep. Anna Paulina Luna (@RepLuna) June 26, 2024

Watch:

Rep. Luna Holds News Conference on Holding Atty. Gen. in “Inherent Contempt”