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Kash Patel Suggests Congress Could Legally ARREST Merrick Garland

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Former Trump adviser Kash Patel made a bold assertion about the powers of Congress, claiming that the House of Representatives has the authority to arrest Attorney General Merrick Garland and detain him until he complies with a congressional subpoena.

“Merrick Garland said, ‘No, I’m not going to comply [with the subpoena]. I’m going to break the law,'” Patel told Just The News on Tuesday. “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.”

Patel is a former government official who has served in various roles within the Trump administration. He is best known for his work as a staffer on the House Intelligence Committee under then-Chairman Devin Nunes, where he played a significant role in investigating alleged abuses by the FBI and Department of Justice during the Russia probe.

He also served as a senior official in the National Security Council and later as the chief of staff to the Acting Secretary of Defense, Christopher Miller, during the final months of the Trump administration. He has been a prominent figure in conservative circles and is known for his outspoken views on intelligence and national security issues.

Last week, the House of Representatives passed a resolution to charge Attorney General Merrick Garland with criminal contempt of Congress after he failed to comply with a subpoena. The core issue centers around the Justice Department’s reluctance to release audio tapes concerning Joe Biden’s dealings with classified documents. Spearheaded by Jim Jordan (R-OH) and James Comer (R-KY), Republicans argue that this refusal to comply fully with a congressional subpoena merits the contempt designation.

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Dallas, TX – August 5, 2022: Kash Patel participates in panel at CPAC Texas 2022 conference at Hilton Anatole

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The Biden Administration has repeatedly cited executive privilege in refusing to hand over the audio. Biden’s team also admitted to editing the interview transcripts that were provided to lawmakers in order to make the president appear more coherent. Garland has refused to hand over the audio, stating that transcripts of the interview prove that nothing relating to the House impeachment inquiry was discussed.

An internal memo from the Department of Justice argues that Attorney General Garland is protected from prosecution for contempt of Congress, according to The Hill. This protection is rooted in long-standing DOJ policies and precedents that provide certain immunities to executive branch officials to preserve the separation of powers. The memo asserts that prosecuting an Attorney General for contempt would infringe upon executive privilege and the independence of the DOJ.

The conflict hangs on the balance of power between the legislative and executive branches, with Congress asserting its oversight responsibilities while the DOJ maintains its stance on protecting sensitive information and executive prerogatives. The situation has escalated political tensions, with Republicans accusing the DOJ of stonewalling and obstructing legitimate congressional inquiries.

Garland’s defense is expected to hinge on legal arguments about executive privilege and the DOJ’s internal guidelines, which have historically shielded high-ranking officials from contempt charges. The outcome of this standoff could have broader implications for the interactions between Congress and the executive branch, potentially setting new precedents for how such disputes are resolved.

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