INSIDE THE HOUSE CONTEMPT WHIP House Republicans are barreling toward a showdown over holding Attorney General Merrick Garland in contempt — but they don’t yet have the votes. GOP leadership is expected to bring the resolution to the floor the week of June 3, the same week that Garland will testify before the House Judiciary Committee as part of a routine oversight hearing. Republicans can afford to lose only one member — maybe two, depending on attendance — in what would be the most high-profile vote to spin out of their slow-moving impeachment inquiry into President Joe Biden. And some holdouts could upend their efforts. So far no Republicans have said publicly that they will vote against holding Garland in contempt during our two days of vibe-checking the conference. But one person familiar with behind-the-scenes discussions warned that two Republicans have privately indicated that they are opposed to targeting Garland with contempt. A House GOP source also acknowledged there are problems with the whip count generally. But members of the whip team dismissed any concerns. While they are still having conversations with on-the-fence Republicans, they appear optimistic they can get there. That includes Majority Whip Tom Emmer (R-Minn.), who said “we’re good” when asked about possible defections. Lordy, there are tapes: The contempt resolution centers on Biden’s interviews with former special counsel Robert Hur, who declined to prosecute Biden over his handling of classified documents but described him as having a faulty memory. DOJ has turned over transcripts of those interviews but not audio recordings despite two House subpoenas over concerns it could affect cooperation with future investigations. Biden last week also invoked executive privilege over the audio. “I think people understand when you talk about the fact that it is co-equal branches of government,” said Emmer, noting DOJ hasn’t offered to let anyone come down and listen to the tape. “You released the transcript … so the only reason you wouldn’t provide the audio is perhaps it doesn’t match the transcript.” Another member of the whip team said that they weren’t aware of a problem with the vote count. Even before GOP leaders began taking a formal pulse of the conference, about a half-dozen centrists, including those in battleground districts, signaled they would back the idea. “When the executive branch doesn’t cooperate with the notion of accountability and oversight that the House of Representatives has over the executive branch, it is necessary to hold leaders in contempt,” Rep. Nick LaLota (R-N.Y.), a Biden-district Republican, said in a brief interview. One centrist House Republican, who plans to support it and spoke on the condition of anonymity to candidly describe their thinking, said “there’s no constitutional ground for them to stand on.” Another, Rep. Don Bacon (R-Neb.), said the Justice Department “doesn’t have a legal leg” for not handing over the audio. Ongoing concerns: Still, it isn’t a sure bet. At least six Republicans told us that they are undecided. They have the upcoming Memorial Day recess to mull it over — and get leaned on by their colleagues. Rep. Brian Fitzpatrick (R-Pa.), a former FBI agent, said he would “do a fair, unbiased review” of the situation while expressing regret “that Congress has devolved into impeachments and expulsions and motions to vacate and contempt hearings.” Rep. David Joyce (R-Ohio), who said last week that the House had better things to do than “going after” Garland but hasn’t said how he will vote, was spotted talking with Emmer on the floor Wednesday afternoon. “My attitude hasn’t changed,” he said afterward. — Olivia Beavers and Jordain Carney GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Thursday, May 23, where we can smell the jet fumes (aka freedom) this evening.
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