EXCLUSIVE: Rep. Anna Paulina Luna, R-Fla., is vowing to force a vote on the arrest of Attorney General Merrick Garland if the Department of Justice does not act on a criminal contempt resolution supported by House Republican leadership.
Luna told Fox News Digital on Tuesday night that he plans to force a vote on the “essential contempt” resolution against Garland after the full House considers the fate of Biden administration officials using a different standard.
“At this point, we're going to do that across the board,” Luna said. “I don't have a lot of confidence in the Department of Justice, and I don't think the American public has much confidence in it, but we're trying to restore a level playing field and show that there has to be accountability all the way to the top.”
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Rep. Anna Paulina Luna (R-Fla.) wants to force a second vote on whether the House should arrest Attorney General Merrick Garland. (Getty Images)
She added, “If the Department of Justice won't do its job, we're going to do it for them.”
The substantive contempt charge is different from the contempt resolution expected to be voted on Wednesday afternoon. The latter would refer Garland to his own office for criminal prosecution, while the substantive contempt charge would instruct House protocol officers to arrest Garland himself.
Luna said he plans to circulate a letter to colleagues on Wednesday explaining the essential contempt and why it's necessary.
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House Republicans are calling on Garland to turn over audio tapes of special counsel Robert Hur's meetings with President Biden (Getty Images)
“An essentially contemptuous act against Congress hasn't happened since the early 1900s. Before that, it was pretty common,” Luna said.
“If you explain what the essential contempt of Congress looks like, if you show people how subpoenas are being ignored, if you show them how our justice system appears to be two-tiered (as we're seeing it across the country and everyone is starting to wake up to it), I think they'll understand.”
Luna could force House members to take up the bill by deeming it “privileged,” which would require the House to act on the bill within two legislative days.
Asked what he would do if Wednesday's vote was canceled or postponed because of concerns from moderate Republicans, Luna said he would follow leadership's timeline.
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Rep. Anna Paulina Luna (R-Fla.) said she would wait until House leadership considers her own contempt bill (Getty Images)
“I will wait for the criminal contempt vote to happen as the leadership wants, and then our time to act will begin,” she said.
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House Republicans are seeking to hold Garland in contempt of court for refusing to turn over audio recordings of special counsel Robert Hur's meetings with President Biden.
A majority of Republican lawmakers support the move, but House Speaker Mike Johnson of Louisiana has little room to maneuver with just a slim two-vote majority.
Fox News Digital has reached out to the Department of Justice for comment.
Elizabeth Elkind is a political reporter for Fox News Digital covering the House of Representatives. Her previous digital bylines have appeared in the Daily Mail and CBS News.
Follow @liz_elkind on Twitter and send tips to elizabeth.elkind@fox.com.