Republican demands Merrick Garland's arrest under 'archaic' contempt law: report

A House Republican is calling on her colleagues to use an archaic law they don't understand to arrest Attorney General Merrick Garland and hold him in custody, according to a new report.

Rep. Anna Paulina Luna (R-FL) intends to use "inherent contempt" on Garland as tensions mount over House Republicans' failed efforts to lay hands on recordings of special counsel Robert Hur's interview with President Joe Biden, Politico reported Monday.

Politico notes several Republicans admitted they did not have a working understanding of the law the report described as "archaic."

"None of the roughly 20 House Republicans surveyed by POLITICO, including members of the two committees who spearheaded the Garland contempt effort and vulnerable front-liners, knew how inherent contempt worked or what it is," the report notes.

Read Also: The importance of Merrick Garland stating the obvious

Inherent contempt proceedings call for the House or Senate Sergeant-At-Arms to take a person into custody for proceedings to be held in Congress, according to the National Constitution Center, a nonprofit organization that provides a platform for constitutional education.

The National Constitution Center described it as a "dormant" power, but Democrats thought about using the tactic to fine Donald Trump's administration but never went forward with it, Politico reported at the time.

Politico reports that Luna’s resolution remains unlikely as two key hurdles remain: "Democrats, or even Luna’s own GOP colleagues, will likely move to table it or send it to committee. Either step would effectively block it."

The report also notes confusion among conservatives about how such a move would play out.

"One GOP lawmaker questioned, under the scenario, where the House would hold Garland and if there was actually a much-rumored Capitol jail," Politico reports."

"There isn’t, to be clear. But the Capitol Police have holding facilities at their headquarters — and Luna noted in her letter they could also hold him in the Capitol building itself."