The House Oversight Committee voted Wednesday to advance contempt of Congress charges against former President Bill Clinton and former Secretary of State Hillary Clinton over their refusal to comply with a congressional subpoena related to the Jeffrey Epstein investigation.
In a bipartisan vote, all Republicans and nine Democrats on the committee supported advancing contempt charges against Bill Clinton. Three progressive Democrats — Reps. Summer Lee of Pennsylvania, Melanie Stansbury of New Mexico, and Rashida Tlaib of Michigan — also voted to advance contempt charges against Hillary Clinton, though Democrats attempted several amendments to modify or limit the charges.
If approved by the full House, this would mark the first time Congress has used contempt of Congress against a former president. Passage through the full House is far from assured, however, as Republicans hold a narrow majority.
The Subpoena and Failed Negotiations
The contempt charges stem from what committee chairman Rep. James Comer describes as the Clintons’ willful defiance of a congressional subpoena. “No witness, not a former president or a private citizen, may willfully defy a congressional subpoena without consequence,” Comer said at Wednesday’s hearing. “But that is what the Clintons did and that is why we are here.”
The Clintons have not been accused of wrongdoing. They contend that the subpoenas are invalid because they do not serve any legitimate legislative purpose. Their legal team, led by longtime Clinton lawyer David Kendall, has negotiated with Comer for months seeking an alternative arrangement.
This week, the Clintons offered to have committee leadership and staff interview Bill Clinton in New York. They also offered written declarations about their interactions with Epstein and previously proposed an interview on Christmas Eve, according to the committee’s account of the negotiations.
Comer rejected the New York proposal on Tuesday, insisting that any interview include an official transcript. “They’re going to have two weeks until this bill is on the floor,” he said Wednesday, indicating the House vote would occur soon after.
The Clintons’ spokesman, Angel Ureña, said they are trying to help the investigation. “Both Clintons have been out of office for over a decade,” Ureña stated. “Neither had anything to do with Epstein for more than 20 years.”
Democratic Responses
Democrats on the committee were largely focused on advancing the investigation into Epstein rather than defending the Clintons, who led their party for decades.
Rep. Robert Garcia, the top Democrat on the committee, stated: “No president or former president is above the law.” Democrats agreed that Bill Clinton should inform the committee of any pertinent information about Epstein’s abuses.
However, Democrats attempted to modify the contempt charges. Several argued that Hillary Clinton should be exempted, noting she had stated she had very limited personal interaction with Epstein. Others tried to downgrade the charges from criminal contempt to civil contempt. All proposed amendments failed in the Republican-controlled committee.
Democrats also criticized Comer for focusing on the Clintons when the Justice Department had run a month late on a congressionally mandated deadline to publicly release case files on Epstein related to Attorney General Pam Bondi’s promised disclosure of unredacted files.
Historical Precedent and Consequences
Contempt of Congress proceedings are rare, historically used as a last resort in high-profile investigations. Contempt of Congress can result in substantial fines and even incarceration.
Trump advisers Peter Navarro and Steve Bannon were convicted of contempt of Congress for defying subpoenas from the House committee investigating the January 6 Capitol riot. Both served months in prison following their convictions.
No former president has ever been successfully forced to appear before Congress, though some have voluntarily appeared. Trump’s legal team resisted a subpoena from the Jan. 6 committee, citing legal precedent they said shielded ex-presidents from being compelled to appear. The Jan. 6 committee ultimately withdrew its subpoena.
The Epstein Investigation Widens
The congressional investigation into Epstein has documented connections between the wealthy financier and numerous high-profile figures, including both Bill Clinton and President Donald Trump, among many others. Epstein killed himself in 2019 in a New York jail cell while awaiting trial on federal sex-trafficking charges.
The committee had also subpoenaed Ghislaine Maxwell, Epstein’s longtime confidant, who is serving a lengthy prison sentence for sex-trafficking convictions. However, Comer declined to press for her deposition after her attorney indicated she would invoke Fifth Amendment rights. The committee chairman said Maxwell will be interviewed next month.