Luna appeals to Democrats’ Biden anxiety in asking them to support fining Garland

Rep. Anna Paulina Luna (R-Fla.) is leaning into Democratic concerns about President Biden’s age and ability as she aims to convince House Democrats to support her move to fine Attorney General Merrick Garland over his refusal to turn over audio tapes from Biden’s interview with special counsel Robert Hur.

In a letter to Democratic colleagues being sent Tuesday and first shared with The Hill, Luna said the Democratic anxiety over Biden in wake of his poor debate performance against President Trump last month should also fuel their desire to support her resolution.

“What America saw at the first presidential debate leaves no question that Congress needs to hear Special Counsel Robert Hur’s tapes from his interview with President Joe Biden. President Biden's performance was so concerning to all of us who watched that even before the debate had ended, people were questioning his ability to continue as president,” Luna said in the letter. “Even many of you had to make the difficult decision to call for President Biden to drop out of the race. The urgency of this situation cannot be overstated, and we must act swiftly.”

Luna plans to move this week to call up her resolution to hold Garland in “inherent contempt” of Congress and fine him $10,000 each day that he declines to turn over the tapes. Forcing a vote on the matter, however, can be a risky move in the slim House GOP majority, as some members of her own party remain skeptical of her tactic.

“It is now evident that Congress must hear these tapes. After repeated attempts by the House to gain access to the Hur tapes, the White House has made it clear that the only way for us to listen to them is to hold Attorney General Merrick Garland in inherent contempt of Congress and compel him to release the tapes,” Luna continued. “This action is not a matter of partisanship but of national security. Our duty as Members of Congress, regardless of who is in the White House, is to demand accountability and transparency for the American people. That is why I am asking that we unite in this cause for the greater good of the nation.”

In a report detailing why he would not seek to charge Biden over his handing of classified documents, the special counsel said any jury would likely see Biden as an “elderly man with a poor memory,” citing portions of the October interview in which Biden had trouble remembering dates or arguments about Afghanistan policy. Biden’s counsel retorted that the “gratuitous” language by Hur “is not supported by the facts, nor is it appropriately used by a federal prosecutor in this context.”

The Department of Justice (DOJ) provided the House a written transcript of the conversation, and Biden has claimed executive privilege over the tapes. But Republicans argue that because the DOJ provided the transcript, it cannot withhold the audio, which it says it needs to ensure the transcript is accurate.

In her letter, Luna outlined the precedent for using inherent contempt and argued that its use “demonstrates the seriousness with which Congress views non-compliance and the potential consequences for those who refuse to cooperate.”

House Republicans last month voted to hold Garland in “regular” contempt of Congress over keeping the tapes, and last week the House Judiciary Committee filed a lawsuit to force Garland to turn over the tapes. But Luna has countered that a lawsuit could take years.

Luna’s latest inherent contempt resolution is toned down from an original version on which she had planned to force a vote last month. That version would have directed the House sergeant-at-arms to arrest and detain Garland after the House held him in inherent contempt.

That idea faced public opposition from two House Republicans, though. And after several discussions with Speaker Mike Johnson (R-La.) on the House floor, Luna did not call up her resolution. She had also said attendance issues on the GOP side in the slim House majority were a factor in not forcing a vote on the matter.

Getting support from Democrats would help offset any GOP opposition to her new resolution, though it is highly unlikely. All Democrats opposed the Republican contempt resolution last month.

“The current situation requires us to act, and we cannot remain complicit by shielding a president who has tried to hide his cognitive condition from us,” Luna wrote in the letter to Democratic colleagues. “We must know whether the president can do his job, and Special Counsel Hur’s tapes will provide us with the best evidence of whether the president is mentally fit. When the future of the legislative branch and our nation's national security is at stake, Congress must respond with the appropriate measure.”

Another letter that Luna sent to Republican colleagues about her resolution Monday similarly outlined the inherent contempt process, and stressed congressional authority.

“The executive branch will continue to withhold information from Congress if there are no consequences for their actions. It is imperative that Congress uses its inherent contempt powers and fine the Attorney General until he complies with the subpoena,” Luna said in the letter to Republican colleagues.

In that letter, she said Congress cannot rely on the courts to enforce its subpoenas.

“This takes too much time and, just as with the executive, requires Congress to rely on another branch. We must remain vigilant and assert our authority to ensure the balance of power in our republic,” Luna said.