The House voted Thursday against a Republican-led effort to hold Attorney General Merrick Garland in inherent contempt over his refusal to turn over audio of President Joe Biden’s interview with the special counsel who investigated his handling of classified documents, as four Republicans sided with Democrats to shut down the effort.
Four Republicans sided with Democrats in shutting down the effort.
The House voted against holding Garland in inherent contempt in a 204-210 vote, according to multiple outlets, after four Republicans—in addition to 12 who were absent—and 206 Democrats rejected the resolution.
Congress has the power to hold someone in inherent contempt if they fail to comply with a subpoena or a monetary fine, which could involve a potential arrest, according to the Congressional Research Service.
The resolution, introduced by Rep. Anna Paulina Luna, R-Fla., would have required Garland to pay a daily $10,000 fine until he handed over audio of former Justice Department Special Counsel Robert Hur’s interview with Biden, but did not request Garland be taken into custody.
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The last time Congress carried out inherent contempt charges came in 1934, when former aviation industry attorney William McCracken was arrested for his refusal to cooperate with a Senate investigation, according to ABC News.
Luna introduced a resolution to hold Garland in inherent contempt late Wednesday, despite other House Republicans reportedly requesting Speaker Mike Johnson, R-La., kill the motion. Johnson said the resolution gave him “pause,” though he said he would support it if it was introduced. Former President Donald Trump wrote in support of the resolution, saying on Truth Social that Republicans “MUST GET TOUGH.” The House held Garland in contempt of Congress last month, months after the Justice Department released redacted transcripts of Biden’s interview, though Republicans say audio is necessary to determine the transcripts weren’t manipulated. The vote to hold Garland in contempt of Congress was largely toothless, however, as the Justice Department declined the request to prosecute Garland.