An effort brought by Florida Republican Rep. Anna Paulina Luna to hold Attorney General Merrick Garland in “inherent contempt” failed on Thursday after four Republicans joined all Democrats in voting against it.
The measure would have required Garland to pay fines of $10,000 per day until he released the audio of Joe Biden's interview with special counsel Robert Hur.
The measure failed by a vote of 204-210.
Republican Reps. David Joyce (Ohio), Mike Turner (Ohio), Tom McClintock (California) and John Duarte (California) voted against the resolution.
Unexpected GOP absences drove the vote count down further as 12 Republicans were not present to vote. Democrats were united in opposition.
Luna said she would look to force the vote again when attendance is better.
The House voted last month to hold Garland in contempt for refusing to hand over the audio, which Biden's team asserted executive privilege over. Department of Justice officials then announced they would not pursue charges against Garland.
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The DOJ did hand over the transcript of the interview, but Republicans have argued that they need the audio so they can listen to details like Biden’s tone or pauses in his answers.
Hur's report, released in February, concluded that Biden “willfully retained and disclosed classified materials after his vice presidency when he was a private citizen,” but stated that prosecuting Biden was unlikely due to Biden’s “poor memory.”
A Politico report noted: "The political dynamic got more complicated for Republicans after former President Donald Trump publicly endorsed her effort. That put more pressure on GOP lawmakers to back it, rather than risk a high-profile break with their party’s nominee.
"Johnson and other Republicans tried to talk Luna out of forcing a vote, but in the end, she stuck by her vow to bring it to the floor. In a bid to assuage her colleagues, Luna softened the measure’s language — no longer calling for the House sergeant at arms to take Garland into custody and instead levying fines."
Republican bills went down today. We will bring the vote back to the Floor with legislative appropriations when Members are here. https://t.co/BeOoDxT0oH
— Rep. Anna Paulina Luna (@RepLuna) July 11, 2024
