Rogue push to arrest AG Garland sparks GOP tensions

Driving the news: Rep. Anna Paulina Luna (R-Fla.) sent a letter to her House GOP colleagues Monday announcing her plans to force a vote this week on an "inherent contempt" measure directed at Garland.

• The move is a response to the Justice Department saying it won't prosecute Garland after House Republicans voted to hold him in contempt of Congress for refusing to turn over audio of President Biden's special counsel interview.
• The archaic, little-used process would, in theory, involve the sergeant-at-arms arresting Garland, bringing him to the Capitol for a trial and then detaining him until he complies with his subpoena.
• House Democrats proposed reviving the process during the Trump presidency to enforce their subpoenas through fines.

What we're hearing: There is considerable opposition to the measure among Republicans — enough to easily kill it given the GOP's narrow majority, according to several lawmakers familiar with the matter.

• It was discussed at Republicans' weekly leadership meeting, said one House Republican, telling Axios that "people in the room don't want it to happen."
• Another GOP lawmaker said they expect a "medium-sized minority" of House Republicans to vote for the bill — potentially as few as 60-80 votes — because many members view it as "an extreme tool."
• House Speaker Mike Johnson (R-La.) has said Republicans plan to go to court to try to force Garland to comply with their subpoena.

What they're saying: Rep. Kelly Armstrong (R-N.D.), a member of the House Judiciary Committee, told Axios, "I made fun of my Democratic colleagues two years ago when they introduced their [inherent contempt] resolutions."

• "I don't know how you enforce it, and I don't know how you don't actually weaken our position. ... I'm assuming we're going to court very quickly on it, and I think that is the appropriate way to do it," Armstrong added.
• "I don't think that's even practical," Rep. Michael McCaul (R-Texas), the chair of the House Foreign Affairs Committee, said of inherent contempt.
• Rep. Don Bacon (R-Neb.), a swing-district Republican, signaled he is not yet prepared to vote for the measure, telling Axios he will "listen for a while" to the case for inherent contempt.

Between the lines: Armstrong argued the Capitol Police lack "the practical ability" to enforce inherent contempt.

• "People who are held in contempt could be held for a week, could be held for 10 days ... we have detention facilities, we do not have a functioning jail," he said.
• In addition to concerns about practicality, Armstrong added, some lawmakers worry about the implications of Luna bypassing GOP leadership.

The other side: Asked if she has the necessary GOP support to pass her resolution, Luna told Axios she is "feeling hopeful based on our conversations."

• Luna said she is trying to ensure "people are aware of what this actually is" and that "there are people in jail for defying subpoenas."
• Rep. Cory Mills (R-Fla.) noted that Democrats held several former Trump officials in contempt last Congress, telling Axios, "Now they want to act like you can't do this? it's unprecedented, it's something that can't occur? It's foolish."

What to watch: Some Republicans are skeptical the measure will even go to a vote.

• "We'll see if it comes to the floor," Rep. Juan Ciscomani (R-Ariz.) told Axios when asked how he is voting.