Tensions are higher than ever right now.
Rep. Anna Paulina Luna, a Republican from Florida, has proposed a rare enforcement measure to compel Attorney General Merrick Garland to comply with a contempt of Congress resolution. Speaking on Fox News Channel’s “Sunday Morning Futures” with Maria Bartiromo, Luna discussed her introduction of a resolution for inherent contempt of Congress several months ago, a power not utilized since the early 1900s.
Luna explained that she foresaw the Department of Justice’s potential noncompliance, prompting her to prepare this measure in advance. She shared this plan with House Speaker Mike Johnson of Louisiana, emphasizing that the provision empowers Congress to act as a punitive body, utilizing the sergeant-at-arms to physically bring Garland to the House floor. This action, according to Luna, would reinforce Congress’s role as a check on the Department of Justice.
The sergeant-at-arms, an elected official in the House, serves as the chief law enforcement and protocol officer, responsible for maintaining order within the House. Luna’s proposal underscores the sergeant-at-arms’ role in enforcing congressional authority.
Recently, the Department of Justice determined that Garland did not commit a crime by failing to comply with a House subpoena for President Biden’s conversation recordings with special counsel Robert Hur. The DOJ cited Biden’s claim of executive privilege over the tapes, shielding Garland from prosecution.
House Speaker Mike Johnson responded to the DOJ’s decision by announcing plans to pursue the contempt of Congress case in court, criticizing the DOJ for not prosecuting Garland. Johnson contrasted this with the DOJ’s prosecution of Republicans Steve Bannon and Peter Navarro for contempt of Congress related to Jan. 6 subpoenas. Navarro has been imprisoned since March, and Bannon is set to report to federal prison soon.
The DOJ’s selective prosecution has been a point of contention, as it chose not to prosecute other Republicans like Bill Barr and Mark Meadows, despite their similar contempt charges. Luna’s proposal to use inherent contempt and the sergeant-at-arms highlights the ongoing struggle between Congress and the Department of Justice over accountability and enforcement.