Raising A Question of the Privileges of the House

Floor Speech

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Mrs. LUNA. Yes.

Mr. Speaker, the American people have a deep distrust in our ability to govern effectively. The executive branch's blatant disregard for Congress as an institution, shown most recently by the Department of Justice's failure to prosecute Attorney General Merrick Garland, undermines the effectiveness of this body. It also begs the question: What is Attorney General Garland hiding?

On February 27, 2024, the Oversight and Judiciary Committees issued subpoenas to Attorney General Garland to provide a narrow and specific set of materials related to Special Counsel Robert Hur's investigation into President Joe Biden's willful mishandling of classified documents.

Instead of complying with the lawfully issued congressional subpoenas, Attorney General Garland refused to hand over unredacted audio recordings and materials.

This is why House Republicans voted to hold Garland in criminal contempt of Congress. However, on June 14, 2024, the Department of Justice informed us that they would not uphold the law and prosecute the Attorney General for contempt of Congress. While we all expected DOJ's response, the dangerous precedent it set cannot be overstated.

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.

With Attorney General Garland and the Department of Justice refusing to follow the law, we have been left with no choice but to rely on inherent contempt, our constitutional authority to hold an individual accountable for refusing to comply with congressional demands.

Inherent contempt is within our Article I authority. It was first used in 1795 and was upheld by the Supreme Court in 1821 in Anderson v. Dunn. Since then, it has been reaffirmed many times by the Court.

If we fail to hold Garland accountable, we will signal to whoever controls the White House that it is impervious to congressional oversight and that the constitutionally recognized power of the House of Representatives is merely a suggestion and not to be taken seriously.

If an American is presented with a lawful subpoena, he or she is expected that they comply or face the consequences of their defiance. Why should the Attorney General of the United States be held to a different standard? No one is above the law.

We have reached a turning point where the urgency of this situation cannot be overlooked.

I want to remind my colleagues that House Republicans have already agreed that Merrick Garland must be held accountable for defying two lawfully issued subpoenas. Today's vote will hold Attorney General Garland in inherent contempt of Congress and fine him $10,000 per day until he complies with our subpoenas by turning over the audiotapes.

Over the past couple of days, I have heard false statements being made about this resolution, one of which was a claim that this violated the bill of attainder. This is simply untrue. In fact, the Supreme Court rejected the idea that inherent contempt is a bill of attainder in the 1927 case of McGrain v. Daugherty. This means that it is a constitutional right within our authority under the Necessary and Proper Clause.

Another false statement is that the fine can be paid with appropriated money. However, this resolution clearly states that it is personal funds that will be used.

I would like to remind my colleagues that this Congress is not subordinate to the executive branch. It never has been, and it never will be. This resolution will protect the integrity and independence of the legislative branch.

To each one of my colleagues, your constituents and this institution are relying on you to be on the right side of law and order.

Mr. VAN ORDEN. Mr. Speaker, this is a very simple issue. The United States of America is a republic that is designed specifically, and our duties are articulated in the Constitution of the United States of America.

When we are speaking to the executive branch as a coequal branch, we are not sending requests. A subpoena is not an ask. It is a task. For the Attorney General of the United States to completely ignore the Congress is unlawful. It cannot be tolerated.

This should be the most bipartisan bill that would pass in this Congress because my Democratic colleagues also have been emasculated by the Attorney General. So, I am asking them to cross the aisle. Let's work together and make sure that we, collectively, are respected as Members of Congress, as articulated in the Constitution of the United States.

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Mrs. LUNA. Will the gentleman yield?

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Mrs. LUNA. Mr. Speaker, we have lots of speakers.
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Mrs. LUNA. Mr. Speaker, may I inquire as to how much time is remaining.

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Mrs. LUNA. Greene).
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Mrs. LUNA. Mr. Speaker, I remind my colleagues that audio recordings were used against both Trump and Nixon during impeachments. Also, I believe the precedent has already been set as there are Republicans in jail for ignoring subpoenas, and the Attorney General is not above the law.

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Mrs. LUNA. Mr. Speaker, may I inquire as to the time remaining.

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Mrs. LUNA. Boebert).

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Mrs. LUNA.

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Mrs. LUNA. Mr. Speaker, may I inquire how much time I have remaining.

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Mrs. LUNA. Mr. Speaker, may I inquire as to the time remaining.

This is not a decision that we have reached lightly, but the actions of the Attorney General cannot be ignored. No one is above the law, yet the Attorney General has sought to put himself above the law, and the DOJ failed to do their job, which is why we are using inherent contempt.

Despite what my colleagues may think, this is not a stupid idea but actually our constitutional duty and is well within the scope of our legislative authority to assert the House's power in this manner.

The arguments against the House standing up for itself are a last- ditch effort made by people who are intent on covering up for President Biden and Attorney General Garland.

The issue at hand is the enforcement of a congressional subpoena, a fundamental tool of oversight that is being undermined.

If this body is to continue, we cannot sit by any longer. The House of Representatives must not be ignored, and the time for action is now.

This resolution is more than Merrick Garland. It is about whether or not the House of Representatives will be able to function properly. As the court said in Anderson v. Dunn, without the power of inherent contempt, the House would be exposed to every indignity and interruption, that rudeness, or even conspiracy, may mediate against it.

We cannot allow this to happen, Mr. Speaker. If we do not assert our authority, we risk setting a dangerous precedent where the House's power is eroded and our ability to fulfill our congressional duties is compromised. The consequences of inaction are grave.

In conclusion, we must remain vigilant and assert our authority to ensure the balance of power in our Republic.

I urge all of you to support this resolution and defend the integrity of the House of Representatives.

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