An effort by U.S. Rep. Anna Paulina Luna to hold Attorney General Merrick Garland in contempt failed on the House floor.
A resolution (HR 1344) failed in a 210-204 vote. No Democrats supported using an "inherent contempt" power that hasn't been deployed by Congress since 1935. Four Republicans also voted with Democrats, but Luna blamed the resolution's failure on members who simply didn't show up.
"Today's vote on my inherent contempt resolution and the legislative appropriations did not pass due to Republican absences. (Reps. Brian) Mast and (Thomas) Massie had deaths in their family. Another member went to hospital. An overwhelming majority of the party supports this resolution and it already survived multiple kill-shot attempts by Democrats," Luna posted on X.
Mast, a Stuart Republican, was one of three Florida Representatives who did not vote. U.S. Reps. Laurel Lee, a Thonotosassa Republican, and Jared Moskowitz, a Parkland Democrat, also did not cast votes. Every other Florida lawmaker held to party lines, with Republicans supporting the measure and Democrats opposing it.
Despite the absences, Luna forced the House to vote on the measure this week by filing the legislation as a privileged resolution. That required leadership to put the measure on the floor within 48 hours of her bringing the matter up on Wednesday afternoon.
The measure's failure means Garland will not face $10,000 fines each day for refusing to provide Congress with audio of Special Counsel Robert Hur's interview with President Joe Biden. Hur ultimately produced a report recommending Biden face no charges over handling of classified documents during his time as Vice President, but raised questions about Biden's memory.
The White House has exerted executive privilege over the audio though a transcript has been made public.
Luna said the vote still showed a majority in the House supports holding Garland in contempt.
"Our efforts have not been futile, and I thank all the Members who have been fighting alongside me to restore justice and order in our institutions," she posted.
"I have refiled the resolution and will be calling it up again in a couple of weeks when Congress is back in session and Members return. I am also working with a no vote as the institution needs to be protected. Attorney General Merrick Garland will pay and be held accountable for trying to undermine our institutions. No one is above the law."
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