The House Oversight Committee has voted to recommend holding former President Bill Clinton and former Secretary of State Hillary Clinton in criminal contempt of Congress. This action follows the Clintons' non-compliance with congressional subpoenas issued as part of the committee's investigation into convicted sex offender Jeffrey Epstein. The recommendation will now proceed to the full House for a vote, and if approved, will be sent to the Department of Justice for potential prosecution.
Committee Proceedings and Rationale
The Republican-led House Oversight Committee, chaired by Rep. James Comer (R-Ky.), initiated the contempt proceedings after both Clintons declined to appear for scheduled depositions.
Chairman Comer stated that the Clintons were not being accused of wrongdoing, but the committee sought their testimony to gather information for its investigation into Jeffrey Epstein's activities.
He noted the absence of both the Clintons and Democratic committee members during the scheduled depositions.
The committee's Republican members have focused on former President Bill Clinton's documented friendship with Epstein throughout the 1990s and early 2000s, stating their efforts aim to obtain a full accounting of Epstein's actions. Comer characterized the Clintons' response to the subpoenas as "defiance and obstruction rather than cooperation."
Clintons' Position
In response to the subpoenas, the Clintons asserted in a letter to the committee that the subpoenas were "legally invalid." They stated they had already provided written information to the committee and characterized the committee's actions as an attempt to politically embarrass them.
The letter also stated that the impending process was "literally designed to result in our imprisonment."
Democrats on the committee noted that the Clintons had offered alternative formats for testimony and urged negotiations with the committee.
Committee Vote and Next Steps
The House Oversight Committee voted 34-8 to recommend holding former President Bill Clinton in contempt, with nine Democrats supporting the measure. Three Democrats also voted to recommend holding former Secretary of State Hillary Clinton in contempt. This marks the first contempt referral from the GOP-led committee.
The recommendation will now advance to the full House of Representatives for approval. If the House votes to approve the contempt referrals, they would then be sent to the Department of Justice for potential prosecution.
Democratic Opposition
Democrats on the Oversight Committee largely opposed the contempt charges, characterizing the vote as primarily a political act.
Rep. Robert Garcia (D-Calif.), the ranking member, pointed out that other former U.S. Attorneys General, including Eric Holder, Loretta Lynch, Jeff Sessions, and Merrick Garland, did not face contempt charges despite not appearing after receiving subpoenas, as they submitted written testimony.
Some Democrats also questioned the Republicans' commitment to the Epstein investigation, citing the Justice Department's alleged failure to fully release its Epstein files.
Legal Context and Precedent
Contempt of Congress is an infrequent but significant tool.
Precedents include Steve Bannon and Peter Navarro, who both received prison sentences for non-cooperation with the investigation into the January 6 attack on the U.S. Capitol.
Jonathan Shaub, a University of Kentucky Law professor specializing in the Constitution's separation of powers, noted that congressional subpoenas have increasingly focused on political objectives rather than legislative information gathering. He suggested that if a contempt resolution passes the House and the Justice Department prosecutes, it could lead to a significant legal dispute due to limited existing case law on congressional contempt. Shaub also indicated that instances where legislative interest appears minimal could weaken congressional oversight authority.
Historically, multiple former presidents have voluntarily testified before Congress, but none have been compelled to do so. Chairman Comer stated that the committee would not seek to compel testimony from former President Donald Trump, citing the inability to force a sitting president to testify.
Related Developments
Jeffrey Epstein was arrested in 2019 on federal sex trafficking and conspiracy charges and died by suicide in a New York jail cell while awaiting trial. Justice Department files have included photographs of former President Bill Clinton traveling with Epstein, though Bill Clinton has previously stated he was unaware of Epstein's crimes and ended contact with him years prior.
Separately, the Justice Department has not yet released millions of pages of Epstein-related files, missing a December deadline established by Congress. Rep. Garcia questioned this delay in a social media post.
Chairman Comer affirmed the committee's commitment to investigating the Epstein case, noting upcoming actions including a virtual interview with Ghislaine Maxwell on February 9 and an appearance by Attorney General Pam Bondi before the House Judiciary Committee next month.