The decision comes as Comer said the committee is also preparing contempt proceedings against Bill Clinton, who similarly failed to comply with a subpoena for testimony earlier this week.
Both Clintons were subpoenaed last year as part of the committee’s broader probe into Epstein’s political connections and potential failures of government oversight. Their depositions were originally scheduled for October but were postponed to December due to a funeral. According to Comer, the Clintons’ legal team never provided alternative dates, prompting the committee to reschedule the depositions for mid-January.
Instead of appearing, the Clintons sent a letter to Comer on Tuesday declaring the subpoenas “legally invalid” and announcing they would not participate in the depositions. The letter cited legal opinions prepared by two law firms, which the Clintons said were provided to the committee earlier in the week.
“Every person has to decide when they have seen or heard enough and are ready to fight for this country, its principles, and its people, no matter the consequences,” the Clintons wrote. “For us, now is that time.”
The letter also suggested the Clintons fully expected the committee to vote to hold them in contempt, adding, “You will say it is not our decision to make. But we have made it. Now you have to make yours.”
In a separate letter sent Monday, the Clintons’ attorneys, Ashley Callen and David E. Kendall, argued the subpoenas were “invalid and legally unenforceable,” claiming they lacked a legitimate legislative purpose and represented an “unprecedented infringement on the separation of powers.”
House Speaker Mike Johnson, R-La., responded bluntly, saying Monday, “I think it would be contempt of Congress if they didn’t show up.”
Hillary Clinton’s spokesman, Nick Merrill, dismissed the investigation last month, questioning why the committee was pursuing her at all.
Hillary Clinton has not been formally accused of wrongdoing related to Epstein, and her name has not appeared in the Justice Department documents released so far under the Epstein Files Transparency Act.
However, the initial batch of documents released last month included multiple photographs of Bill Clinton. While he has also not been charged with any crime related to Epstein, Clinton has acknowledged a past association with Epstein and said he severed ties before Epstein was charged with soliciting a minor in 2006.
The Justice Department disclosed in a court filing last week that more than two million Epstein-related records remain unreleased, despite a statutory deadline of Dec. 19 requiring full disclosure.
House Republicans say the contempt votes are necessary to enforce congressional authority and ensure accountability for powerful political figures who refuse lawful oversight.
