Politics
Inherently complicated: House Republicans consider another angle to take on Attorney General Garland
Attorney General Merrick Garland is on the clock.
Two House committees have voted to hold Garland in contempt of Congress. House Republicans aren’t pleased with Garland failing to cough up an audiotape of the transcribed interview Special Counsel Robert Hur conducted with President Biden in the classified documents case. Garland released a transcript of the interview. But Hur suggested that one of the reasons he didn’t charge Biden was because he thought a jury might view the president as an elderly forgetful man and take pity on him.
Many Republicans regularly claim the president isn’t altogether upstairs. The Wall Street Journal is now joining that chorus. GOPers are not so subtle as to their reasons for wanting the audiotape. They believe the recording could reveal a feeble chief executive who’s not fully in control of his faculties. As a result, Republicans could then use the tape to savage Biden and prove their thesis to voters ahead of the election.
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“The transcript may be accurate. But you know what? The audio would tell us so much more,” said Rep. Andy Biggs, R-Ariz., at Tuesday’s Judiciary Committee hearing with Garland.
Rep. Dan Bishop, R-N.C., told Garland the tape “reveals things about [the president’s] capacity.”
Garland won’t provide the tape. So the House Oversight and Judiciary Committees voted to hold him in contempt of Congress.
It’s not 100 percent certain the full House has the votes to hold Garland in contempt. Republicans now boast a 218 to 213 advantage in the House with the election of Rep. Vince Fong, R-Calif. Fong succeeded former House Speaker Kevin McCarthy, R-Calif., who resigned.
But even if the House votes to hold Garland in contempt, it’s doubtful much comes of it.
U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee on Capitol Hill in Washington, D.C., on Tuesday. (Getty Images)
Lawmakers may refer a contempt of Congress citation for noncompliance with subpoenas for documents or testimony to the Justice Department for prosecution. In short, the Justice Department run by Garland is not going to prosecute its own attorney general.
So, Republicans are stuck.
That’s where “inherent contempt” comes in.
Inherent contempt is an authority which Congress may deploy on its own without relying on another branch of government. In other words, Congress may vote to hold someone in contempt for failing to provide information — and inherently use its own powers to discipline, arrest or hold someone for running afoul of the House or Senate.
Lawmakers of both parties have spoken off and on for years about leaning on inherent contempt to get their way. But no one has really considered it as a legitimate option for the first time in nine decades until recently.
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Rep. Anna Paulina Luna, R-Fla., says she will introduce a resolution of inherent contempt — 10 days after the House votes on “regular” contempt for Garland. The idea is that the Justice Department won’t prosecute Garland, so Congress will take matters into its own hands.
Of course, it’s impossible to know if the House would ever command the requisite votes for an inherent contempt resolution — especially since “customary” contempt is dicey, too. But let’s explore inherent contempt for a moment and examine how it works.
Congress formerly leaned on inherent contempt in the early days of the republic. In fact, Congress voted to hold various newspaper publishers in contempt in the late 18th and early 19th centuries. In 1927, a Senate panel voted to approve a warrant for a witness who failed to comply with a subpoena. But a court ruled that the Senate overstepped its bounds in that case.
Congress last used inherent contempt in 1934. A Commerce Department official refused to comply with a congressional subpoena for documents related to an airmail scandal. So Congress held the official in contempt.
President Biden delivers remarks on an executive order limiting asylum in the East Room of the White House in Washington, D.C., in Tuesday. (Kevin Dietsch/Getty Images)
What did that involve?
After the House voted, it dispatched its House Sergeant at Arms to arrest the official. The House then held the official at the Willard Hotel — a posh establishment in downtown Washington close to the White House — for a week and a half.
Inherent contempt is inherently intriguing — but also inherently chaotic. Could one imagine the scene if the House approved an inherent contempt resolution for Garland? Would House Sergeant at Arms Bill McFarland and a squadron of his deputies — or U.S. Capitol Police officers — just surface at Garland’s home one day or the Justice Department and demand that the attorney general come with them? How would Garland’s protective detail respond? Would this be a cursory visit, perhaps informing Garland that he’s been held in inherent contempt of Congress? Or does this devolve into a tense exchange between the legislative and executive branches?
And even if Garland does come with McFarland to Capitol Hill, does the House continue to hold him? Pray tell, where? Does Garland just come immediately to the Capitol for an appearance with the Oversight and Judiciary Committees?
No one is quite sure. Even Luna, the sponsor of the measure.
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“Ideally, the attorney general would do the right thing and come present us representatives with information that we’ve been asking for. But that’s up to him to decide whether it’s above the law,” said Luna.
Yours truly asked what the plan was, since inherent contempt would represent such a significant escalation involving a potential standoff between two branches of government.
“I think it hasn’t been done in a while. So we’ll see how it unfolds,” said Luna.
I pressed Luna whether there might be a standoff between McFarland and Garland.
“I don’t think they ever anticipated that we would bring this forward,” replied Luna. “This is absolutely something that can be done.”
But no one knows how.
U.S. Attorney General Merrick Garland testifies before the House Judiciary Committee in the Rayburn House Office Building in Washington, D.C., on Tuesday. (Chip Somodevilla/Getty Images)
A senior House security official tells Fox there has been some mulling of this. But everyone is just waiting to see what unfolds.
However, two things must happen first. The House must vote to hold Garland in contempt. And it would then vote to hold him in inherent contempt. And so far, the House hasn’t demonstrated it has the votes for “regular” contempt.
“It would be extraordinary to have the Sergeant at Arms go to [Garland’s] office. His house,” I pointed out to Luna.
“We’re hoping that it doesn’t get to that,” answered the Florida Republican.
But as far as one can tell, there isn’t a plan. Inherent contempt is inherently complicated. Inherently messy. And inherently tumultuous.
Politics
Jacob Frey praises Somali community as Minnesota faces renewed scrutiny over fraud investigations
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Minneapolis Mayor Jacob Frey told members of the city’s Somali community over the weekend that they are “our family,” pledging solidarity and praising their contributions to the city during remarks celebrating Somali Independence Day.
Frey’s remarks came as Minnesota continues to face scrutiny over several high-profile fraud investigations and weeks after a Republican-led House Oversight Committee report alleged the Minnesota Governor Tim Walz’s administration failed to act on repeated warnings about widespread fraud in the state’s social services programs.
“Through the most difficult of times and through Operation Metro surge, we all saw that they tried to come for some of us,” Frey told members of the Somali community on Saturday. “And when that happens, we say that you’re coming for all of us.”
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Minneapolis Mayor Jacob Frey speaks during a Somali Independence Day celebration in Minneapolis as attendees stand on stage holding Somali flags. (Credit: Mayor Jacob Frey X Post)
“In Minneapolis, we loved our neighbors. In Minneapolis, we do not see you as immigrants. We see you as our family,” he added. “You are our brothers. You’re our sisters. You have done so much for this incredible city, and for that, we stand with you.”
Frey appeared to reference Operation Metro Surge, the Trump administration’s immigration and public safety initiative in Minnesota.
The operation concluded in February after border czar Tom Homan announced it had resulted in the arrest of more than 4,000 people in the Minneapolis-St. Paul area and had reduced what he described as public safety threats.
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Minneapolis Mayor Jacob Frey speaks to the media at City Hall on Jan. 9. (Aaron Lavinsky/The Minnesota Star Tribune via Getty Images)
Frey shared the video on X, writing, “Happy Somali Independence Day.”
“Here in Minnesota, home to one of the largest Somali communities in the United States, we celebrate the resilience, culture, and leadership that continue to enrich our city and community,” he said.
Earlier this month, a Republican-led House Oversight Committee report alleged Walz’s administration repeatedly failed to act on warnings about fraud involving state social services programs, including the Feeding Our Future scandal.
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Democratic Gov. Tim Walz speaks during a news conference on Tuesday, Jan. 6, 2026, in Minneapolis, Minnesota. (Alex Kormann/Star Tribune via AP)
The committee said more than 110 people have been charged in connection with various fraud schemes in Minnesota, including many defendants identified as members of Minnesota’s Somali immigrant community.
The report also alleged concerns about potential racial discrimination claims contributed to delays in addressing suspected fraud and estimated Minnesota lost roughly $300 million in stolen federal child nutrition funds during the COVID-19 pandemic.
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Walz administration officials have disputed the committee’s findings.
Fox News Digital’s Adam Pack contributed to this report.
Politics
Commentary: This California bill is so bad it has me agreeing with a Trump Republican
For as long as I’ve been a journalist, which is a really long time, public entities have hated public records requests, even while claiming they don’t.
Ask your typical elected or hired official, from the governor to the animal control folks, and they’ll tell you transparency is vital and sunshine in government a key value.
Then turn in the most benign of public records requests — access to a calendar, for example — and prepare for weeks of delays and excuses. Want emails or financial records or, heaven forbid, anything from the police? Months or even years may pass before a single page is delivered, no joke.
That’s why I am deeply concerned about a bill winding its way through the California Legislature that would definitely slow down public records requests and likely make them more difficult and expensive. At its worst, it could push people into costly court battles just for having the audacity to ask for information.
The legislation, Assembly Bill 1821, is authored by Democratic Assemblymember Blanca Pacheco, whose district includes Norwalk, Downey and Bell, where legendary scandals are Example 1 of why public records matter.
Pacheco’s office told me Wednesday that the troubles with the bill are far from what Pacheco set out to do.
“It was never the author’s intention to take away people’s rights to a [Public Records Act] request,” said her chief of staff, Nikki Johnson.
Johnson said the bill was meant to curtail malicious records requests, which do happen, where a citizen goes after copious amounts of records just to be a jerk and cost the government time and money.
It was also meant to address the growing problem of artificial intelligence and other for-profit businesses requesting thousands of records with the intent of using the information to create money-making products — think of sites that already sell publicly available personal information as “background checks.”
I believe Johnson on the good intentions of the bill in addressing those real if nebulous difficulties, but you know what they say about the best-laid plans.
The bill passed through the Assembly recently with ease, largely because most of its problematic portions (I’ll get to those in a minute) were removed — though not all. Even in a watered-down form, which basically gave government more time to answer requests, I found myself in the unlikely position of agreeing with conservative Republican Assemblymember and Trump supporter Carl DeMaio of San Diego, who offered some of the only opposition from elected leaders during the Assembly vote.
“We cannot police the public’s right to know, and we want to err on the side of transparency in how government agencies operate,” DeMaio said.
Amen, brother.
But the Democratic-controlled Assembly erred on the side of secrecy and slowdown instead, and the measure sailed to the Senate, where seemingly out of the blue, a bunch of new provisions were added that fill it with loopholes, vague language and tons of room for abuse.
David Snyder, executive director of the First Amendment Coalition, said the bill as written now was “comprehensively bad for transparency and therefore for government accountability.”
Sean McMorris, transparency, ethics and accountability program manager for the advocacy organization California Common Cause, put it even more forcefully. He pointed out that “public records are the public’s records.”
“They’re not owned by the government,” he said. But this bill would shift that paradigm and make the public “prove why you need them.”
“It’s going to chill people who want to make requests, and it’s going to complicate the process, and it’s just wrong,” McMorris said.
In its new form, the bill basically allows government entities to decide if they feel a public records request is malicious or for commercial gain. If they do, they can petition a court to intervene — potentially sparking both legal costs and new fees associated with fulfilling the request.
It would also, Snyder said, force a requester to explain why they wanted the records — something California law has repeatedly avoided because it gives power to government to treat those it perceives as enemies differently.
In this age of fairness and reason, it’s hard to imagine a government official misusing power to keep secrets, but I’m told it happens. That makes it all the more crucial that people not be forced to explain why they want information, or if they will use it to, say, expose corruption — be it wrongdoing by a single individual or the entire system.
Faced with unintended consequences, Assemblymember Blanca Pacheco (D-Downey), shown in 2023, will seek to scale back the bill to its original form, according to her chief of staff.
(Rich Polk / Getty Images for Equality California)
“I have little doubt that some agencies will use that provision to overburden requesters that they view as political opponents, requesters that they view as just a hassle, requesters that ask for things the government doesn’t want to disclose,” Snyder said. “They can bring the requester into court, and at a minimum, slow down the process, and probably more likely get the requester to simply withdraw.”
As written, the bill also gives a shoddy carve-out meant to protect journalists, but which in reality could be used to curtail requests from freelancers, student journalists and more.
McMorris said access to public records is a “moral issue,” and fixing any problems with the current law requires “a scalpel, not a meat ax.”
This bill, he warned, is a meat ax.
“I don’t discount that there are abusive requests, and that there are requests that really are a burden on government agencies, but the law right now has ways for government agencies to address that,” he pointed out. “Once these laws go into place, they’re going to be hard to roll back.”
It could “fundamentally change” our access to public records, he said.
Johnson, Pacheco’s chief of staff, told me that faced with all these unintended consequences, the Assembly member is going to ask for the amendments to be removed, and for the bill to progress as it was written when it passed the Assembly. That could happen as early as next week, when the bill with the new provisions is scheduled to come up again in a Senate committee for debate.
Reverting to the bill the Assembly voted on would be better, but slowing down public records is in government’s best interests, not the people’s. The bill does nothing to address the problems it seeks to fix, but stretches out the time officials have to simply tell a requester if any records do exist — never mind delivering them.
So even back to its watered-down form, the bill remains a meat ax for a scalpel problem, chopping up transparency with good intentions.
Politics
WATCH: Biden appears confused about where to exit stage after Democratic gala remarks
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Former President Joe Biden appeared to briefly seek directions before exiting the stage after delivering remarks at a Democratic gala Saturday night, capping his speech with an awkward onstage moment.
After delivering a roughly 10-minute keynote speech at the Maryland Democratic Party’s “Fight Back & Win Gala” near Baltimore, the 83-year-old paused onstage and looked toward the wings before pointing in two different directions, seemingly trying to determine where to exit. After receiving guidance, Biden turned and walked off the stage with his back to the audience.
Unlike several other speakers at the gala, who exited on the opposite side of the stage after their remarks, Biden left in a different direction.
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Former President Joe Biden exits the stage after delivering remarks at the Maryland Democratic Party’s Fight Back and Win Gala near Baltimore on Saturday. (CSPAN)
The moment came after Biden delivered one of his sharpest public critiques of President Donald Trump since leaving office. During his remarks, Biden defended his own administration’s record while accusing the Trump administration of corruption. He also took aim at what he described as Trump’s “vanity projects,” including renovations to the White House, changes at the Kennedy Center and the ongoing saga with the reflecting pool on the National Mall.
“Whoa, what a loser,” Biden said.
After pausing several times to cough throughout his remarks, Biden concluded with a call for Democrats to “fight back,” saying the country could overcome its challenges by acting together.
“Folks, I guarantee we can do this. And we will. We just remember who in the hell we are. We’re the United States of America,” Biden said. “There’s nothing, nothing beyond our capacity if we act together. So let’s get up and fight back, God darn it.”
The latest onstage moment comes just days after another widely shared incident at the opening of the Obama Presidential Center in Chicago.
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The star-studded ceremony brought together former Presidents Barack Obama, Bill Clinton and George W. Bush, along with former Secretary of State Hillary Clinton, former Vice President Kamala Harris and other political leaders and entertainers. At the conclusion of the event, Biden remained onstage after others had exited before calling out, “Where’s my granddaughter?”
Former First Lady Jill Biden then returned to the stage, took his hand and guided him off.
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Former U.S. President Joe Biden and Former first lady Jill Biden appear on stage during the dedication ceremony for the opening of the Barack Obama Presidential Center in John Lewis Plaza on June 18, 2026 in Chicago, Illinois. (Scott Olson / Getty Images)
Biden has largely stayed out of the public eye since withdrawing from the 2024 presidential race after facing intense pressure from fellow Democrats to end his reelection bid.
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The former president has since made only occasional public appearances and recently disclosed that he is undergoing treatment for Stage 4 prostate cancer.
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