The House of Representatives voted down a resolution Thursday to pursue daily $10,000 fines against Attorney General Merrick Garland should he continue withholding the audiotapes from President Joe Biden’s interview with special counsel Robert Hur.
The resolution, introduced by Republican Rep. Anna Paulina Luna of Florida, to hold Garland in “inherent contempt” failed in the House in a 204-210 vote. The House had previously passed a resolution in June to hold Garland in contempt for violating a Congressional subpoena after Biden invoked executive privilege in May to prevent the tapes from being released.(RELATED: EXCLUSIVE: Jim Jordan, James Comer Send Final Warning To Merrick Garland Before Contempt Proceedings)
Four Republicans voted against the resolution, including Rep. John Duarte of California, Rep. Dave Joyce of Pennsylvania, Rep. Tom McClintock of California and Rep. Mike Turner of Ohio.
Republicans have long been seeking audio of the special counsel’s interview with Biden after Hur described Biden’s frequent memory lapses during their discussion.
WASHINGTON, DC – JUNE 26: Rep. Anna Paulina Luna (R-FL) speaks during a press conference on Capitol Hill on June 26, 2024 in Washington, DC. Republicans in the House are attempting to hold Attorney General Derrick Garland in contempt of Congress after he advised that President Biden assert Executive Privilege over the audio and video records of his interview with Special Counsel Robert Hur. (Photo by Samuel Corum/Getty Images)
“In order for the House of Representatives to do its job, we must have access to the information that will allow us to make informed decisions on behalf of our constituents,” Luna said in a post on X. “Garland refused to follow the law and we have no other choice but to rely on inherent contempt.”
The resolution gained several notable endorsements from members of the GOP, including former President Donald Trump, Rep. Lauren Boebert of Colorado, Rep. Andy Biggs of Arizona, Rep. Cory Mills of Florida and Rep. Derrick Van Orden of Wisconsin.
“I AGREE with Anna Paulina Luna and the many House Members who think Merrick Garland should be held in INHERENT CONTEMPT for refusing to release the Biden Tapes even though they were subpoenaed!” Trump said in a post on Truth Social. “Republicans MUST GET TOUGH about stopping weaponization and cheating! They may just be coming for me and my elections today, but they will come for all Republicans very soon if they succeed!”
Speaker Mike Johnson said that he was skeptical about the constitutionality of imposing a fine through “inherent contempt,” which would allow Congress to directly enforce it instead of relying on the executive branch. (RELATED: ‘The Hill That You Need To Fight On’: Turkey Applauds GOP, Blasts Garland For ‘Absurd’ Holding Of Biden Audiotapes)
“As a constitutional litigator, former constitutional litigator, my preference is to follow the legal process and legal proceedings that protect the institution,” Johnson said in a press conference Tuesday, according to The Hill. “I frankly have a little pause about presenting an article one authority question to the Article three branch — to the federal judiciary desk, the judicial branch — whether they believe we have the right to enforce a subpoena in this unconventional way.”
Despite Johnson’s concerns, he said, “If it’s brought to the floor, I’ll vote for it.”
Luna insisted that this inherent contempt is constitutional and within Congressional purview.
“Inherent contempt is the ONLY mechanism that can be used to force compliance with subpoenas,” Luna said in a statement Wednesday, according to The Hill. “The Hur tapes are not just an issue of national security, as it is evident Joe Biden is impaired, but has now become a criminal organized effort to usurp Congress as a co-equal branch of government.”
The resolution was cosponsored by five Republicans including Rep. Dan Crenshaw of Texas, Rep. Richard McCormick of Georgia, Rep. Tim Burchett of Tennessee, Rep. Mark Alford of Missouri and Rep. Russell Fry of South Carolina.
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