Former Trump adviser Kash Patel suggested that Congress has the authority to arrest Attorney General Merrick Garland for non-compliance with a congressional subpoena, comparing it to DOJ actions against subpoena violators.
The House of Representatives passed a resolution charging Garland with contempt for not releasing audio tapes related to Biden’s dealings with classified documents, citing executive privilege.
The conflict has shed light on the power struggle between legislative oversight and executive protection of sensitive information.
The DOJ’s defense largely rests on executive privilege and historical immunities.
The standoff may pose significant implications for future congressional-executive branch interactions and precedent-setting resolutions of such disputes.
“Merrick Garland said, ‘No, I’m not going to comply [with the subpoena]. I’m going to break the law,’” former Trump adviser Kash Patel said. “Then Congress under that authority granted to them by statute can have the sergeant at arms go and arrest Merrick Garland, and can hold him in detention until he complies, just like DOJ would do to anyone else who violates a subpoena.”