Joe Biden's attorney general, Merrick Garland, has been found in contempt of Congress for refusing to turn over evidence from the special counsel investigation that determined Biden illegally kept government records in his home and garage, but recommended against criminal charges.
The reason special counsel Robert Hur gave was Biden's "diminished" capacities, his failing memory where he could not recall when he was vice president.
But the U.S. Department of Justice, or DOJ, refused to take up the referral from Congress, so now a vote could be held in the House of Representatives as early as this week for another prosecution procedure, one that would have the House sergeant at arms arrest Garland and put him on trial before House members.
Fox News reveals Florida Congresswoman Anna Paulina Luna is planning to force that vote this week.
The report explained Luna is distributing a letter to fellow House Republicans suggesting that Garland's DOJ undermined Congress by refusing to act on an evidence-based and formally adopted contempt resolution.
Her letter explains now "the only option to ensure compliance with our subpoena is to use our constitutional authority of inherent contempt. In the next few days, I will call up my resolution holding Attorney General Merrick Garland in inherent contempt of Congress, and I look forward to each of you voting in favor of it."
Inherent contempt is a different process than the earlier vote on criminal contempt, and provides authority for Congress itself to make an arrest and pursue a prosecution.
Luna is calling for members to "act now to protect the integrity and independence of the legislative branch."
The report explained the criminal contempt case referred Garland to his own department for criminal charges. But the DOJ refused to act on it.
In a case of inherent contempt, Congress "could force Garland to stand trial before the House of Representatives and, if found guilty, would lead to his detention by the House Sergeant-at-Arms."
She said the availability of the procedure documents "the seriousness with which Congress views non-compliance and the potential consequences for those who refuse to cooperate."
Garland has refused to turn over audio recordings of Hur's interviews with Biden. Members insist that the recording can provide critical evidence about Biden's state of mind and capabilities that a printed transcript cannot.
The DOJ said it refused to take up the congressional citation because Garland claimed to be acting on Biden's executive privilege claims.
Congress last pursued an inherent contempt case in 1934 when the Supreme Court affirmed Congress' right to exercise those powers.
Republicans in the House say those tapes are needed for their investigation of Biden for possible impeachment.
They say his verbal flubs and failings are important for the public to know.
Luna explained that it's a matter of Congress doing the DOJ's job for the agency, if its politicized decision-making won't allow that.
Today the U.S. House voted to hold AG Merrick Garland in contempt of Congress for refusing to hand over audio related to Biden’s mishandling of classified documents. He is accused of covering up & shielding Biden from criticism.pic.twitter.com/xvlM89RAeu
— WorldNetDaily (@worldnetdaily) June 12, 2024
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