As reported by Gateway Pundit, Luna had previously announced, “We will hold Merrick Garland in inherent contempt of Congress. No one is above the law. Tune in!” This statement was made on her social media account, indicating a forthcoming press conference.
In her public appearance, Luna discussed the arrest of Barack Obama’s unsuccessful Supreme Court Justice nominee and the man she referred to as "America’s most crooked ever Attorney General." Luna's concern was rooted in the perceived double standard within the justice system. She stated, "On February 27, the Oversight Committee, as well as the House Judiciary, had sent a subpoena to Attorney General Garland, of which we received no response, and after referring him for criminal contempt within 48 hours or less, the Department of Justice refused to prosecute."
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Luna emphasized the importance of investigations as part of the legislative process, and the need to hold accountable those who interfere. She referenced the first use of Inherent Contempt in 1795, and its subsequent affirmation in a Supreme Court decision in 1927 and McGrain versus Doherty. Luna argued that Congress does indeed have this authority, and that when individuals are summoned before courts across the country, they are expected to appear.
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The congresswoman questioned why the attorney general, the head of all law enforcement authorities, should be treated differently. She stated, "Garland still has time to comply with this request. We are asking that he bring the tapes to the house and let us listen to them, but in the event that he does not, we will press forward with calling the privilege motion on Inherent Contempt to the floor on Friday morning."
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Luna also highlighted the potential consequences if Congress is unable to enforce its investigative ability. She warned that Congress could be "ignored and undercut, and essentially handicapped by all other branches," which would undermine its status as a co-equal branch of government.
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Luna urged the press to report accurately on this issue, emphasizing that the attorney general is not above the law and that Congress has the authority to enforce this. She stated, "This is something that, again, would enable the Speaker of the House to order the Sergeant of Arms to take into custody the attorney general if he fails to comply with our request."
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The congresswoman's statements may provoke a backlash from Democrats, who may see her threats of Inherent Contempt against AG Garland as unfair. However, Luna pointed out that in May of 2019, Democrat Rep. and then-House Judiciary Chair Jerry Nadler threatened AG Bill Barr, appointed by President Trump, with Inherent Contempt of Congress if the DOJ didn’t provide his committee with an unredacted version of the Mueller report.
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Inherent contempt, a rarely used power in modern times, was the method employed by Congress to directly enforce contempt rulings under its own constitutional authority until criminal and civil contempt statutes were passed. It remained in use into the twentieth century. Under inherent contempt proceedings, the House or Senate has its Sergeant-At-Arms or deputy take a person into custody for proceedings to be held in Congress.
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While these powers are not explicitly stated in the Constitution, the Supreme Court has ruled on multiple occasions that they are implicit as an essential legislative power held by Congress. Luna's call for accountability and adherence to the law, even at the highest levels of government, is a clear reflection of her commitment to uphold these principles.
