The Republican-led effort to hold Attorney General Merrick Garland accountable for “withholding” audio tapes from President Biden failed spectacularly in a stunning vote that shows the ongoing turmoil in both the Republican and Democratic camps.
The resolution would have fined Garland $10,000 for each day he failed to turn over audio recordings of Biden’s special counsel interview in which he sounded “old and elderly.”
The resolution was brought to a vote after Rep. Anna Paulina Luna, R-Fla., forced a vote by calling it “privileged.” But it shamefully failed on the floor by a vote of 210 to 204: 12 Republicans did not show up for the vote, as did seven Democrats.
Immediately before the doomed vote, House Republicans also failed to pass their own spending bill to fund the legislative branch of government in 2025.
Democrats had hoped to capitalize on the Democratic chaos after Biden’s disastrous debate performance by projecting unity. Ten House Democrats have publicly called on Biden to step down as the top contender for 2024.
The resolution would have fined Garland $10,000 for each day he fails to turn over audio recordings of Biden’s special counsel interview in which he sounded “old and elderly.”
Holding an official in inherent contempt usually means that, after a House vote, the sergeant-at-arms would be instructed to arrest him, which is what Luna had originally proposed. But, fearing that such drastic measures might not pass, he changed the consequences to a hefty fine.
It is unclear what steps the House could have taken to force Garland to pay the fine.
Former President Donald Trump lent his support to Luna’s efforts in a post on Truth Social on Wednesday.
‘I AGREE with Anna Paulina Luna and the many House members who think Merrick Garland should be considered an INHERENT UNCONSCIOUS for refusing to release the Biden tapes even though they were subpoenaed,’ she wrote.
The Florida Republican with a history as a social media influencer was not intimidated by the criticism of her proposal.
“The Hur tapes are not only a matter of national security, as it is evident that Joe Biden is incapacitated, but they have now become an organized criminal effort to usurp Congress as a co-equal branch of government,” Luna said.
The Florida Republican criticized the Justice Department’s refusal to turn over audio of President Biden’s interview with special counsel Robert Hur over his handling of classified documents, and called for the attorney general to be held in contempt.
The resolution was brought to the floor after Representative Anna Paulina Luna forced a vote by making it “privileged.”
“The Hur tapes are not just a matter of national security, as it is evident that Joe Biden is incapacitated, but have now become an organized criminal effort to usurp Congress as a co-equal branch of government,” he said.
“I’ll vote yes, but as a constitutional litigator, a former constitutional litigator, my preference is to follow the legal process and the legal procedures that protect the institution. Frankly, I have a little pause,” House Speaker Mike Johnson said at a news conference Tuesday.
On Thursday, he changed his mind slightly, calling it an “extreme measure” but saying it was a “straw that broke the camel’s back” on Fox Business’ Mornings with Maria.
Johnson suggested he was unsure how the fine could be enforced. “It hasn’t been done before so there’s no precedent to show how to do it… we’ll see how it’s enforced.”
He wrongly predicted that the resolution would pass.
Inherent contempt was last used in 1934 against Washington lawyer William MacCracken, who spent 10 days in prison for refusing to comply with a Senate subpoena.
Garland turned over transcripts of the interview with Biden’s special counsel, but not the audio. The Justice Department has insisted that releasing the audio would hurt its ability to obtain recorded interviews in the future.
Even those at the forefront of efforts to impeach Biden distanced themselves from Luna’s efforts.
After the presidential debate, Republican Party leader Tom Emmer suggested that the audiotapes might be irrelevant at this point.
“Now I think we know why they don’t want to release the Hur special counsel tapes. Maybe we don’t need them anymore. We saw what we needed to see,” Emmer said.
“I think if Congresswoman Anna Paulina Luna wants to offer that, God bless her, I would support that,” Judiciary Committee Chairman Jim Jordan told DailyMail.com. “But I think we’re focused on going to court and winning.”
“I will vote in favour if it comes to a vote,” Oversight Chairman James Comer told DailyMail.com. “I don’t think there are enough votes for it. I don’t think it’s necessary and I’m concerned that it will somehow unintentionally damage the court case.”
“The last time it was used, I think members of Congress rode into the Capitol on horseback. So, you know, nobody knows how to implement it. And I don’t think it’s necessary, because we’ve already found him in contempt.”
Comer and Jordan have insisted the audio is needed not to embarrass Biden but as a way to check whether the Justice Department had edited the transcript it had released of the interview that led special counsel Robert Hur to describe Biden as an “older man with a bad memory.”
Last month, House Republicans voted to hold Garland in regular contempt and the Judiciary Committee filed a lawsuit over the tapes.