Anna Paulina Luna will push for a vote on Garland’s arrest this week after DOJ declines to refer for criminal charges.

Rep. Anna Paulina Luna, R-Fla., is making a bold move to hold Attorney General Merrick Garland accountable for his actions by planning to force a vote on directing the House Sergeant-at-Arms to arrest him. Luna argues that the Department of Justice (DOJ) undermined Congress by refusing to act on the contempt resolution passed by the GOP majority earlier this month.

In a statement, Luna emphasized the importance of ensuring compliance with congressional subpoenas and protecting the integrity and independence of the legislative branch. She believes that invoking inherent contempt, rather than pursuing criminal charges, is the best way to hold Garland accountable for his refusal to turn over highly sought-after audio recordings of special counsel Robert Hur’s interviews with President Biden.

What is inherent contempt, you may ask? Unlike criminal contempt, which refers the individual to their own department for charges, inherent contempt could lead to Garland standing trial before the House of Representatives. If found guilty, he could face detention by the House Sergeant-at-Arms. In Luna’s words, “This is a broad power that courts have recognized as necessary for Congress to fulfill its legislative functions.”

House Republican leaders sparked the contempt proceedings against Garland after he refused to hand over the audio recordings of Hur’s interviews with Biden, claiming executive privilege. While Republicans argue that the recordings are crucial for understanding Biden’s state of mind, Democrats dismiss the request as a partisan ploy to politicize the DOJ.

Luna’s determination to see Garland held accountable reflects her belief that Congress must not be subservient to the executive branch. She questions the effectiveness of congressional subpoenas if their enforcement relies on the actions of another department within the same branch of government.

It is worth noting that the last time Congress invoked its inherent contempt power was in 1934. The case resulted in Washington lawyer William MacCracken receiving a 10-day jail sentence for failing to comply adequately with a Senate subpoena. The Supreme Court upheld Congress’ right to exercise its inherent contempt powers in its February 1935 decision in Jurney v. MacCracken.

In order to force a vote on her resolution, Luna must declare it “privileged,” giving House leaders two legislative days to act on it. The outcome remains uncertain, as the resolution is unlikely to garner support from Democrats. Additionally, a few Republicans voting to table the measure could thwart Luna’s efforts before a House-wide vote takes place.

Luna’s resolve in holding Garland accountable highlights the ongoing power struggle between branches of government and the importance of upholding congressional authority in the face of executive resistance. As the debate over the constitutional separation of powers continues, Luna’s actions underscore the need to protect the legislative branch’s ability to fulfill its duties effectively.