Former federal prosecutor Joe diGenova said Saturday that the U.S. House of Representatives could vote to hold former President Bill Clinton and former Secretary of State Hillary Clinton in contempt of Congress for defying subpoenas to provide testimony regarding Jeffrey Epstein, but he predicted that criminal charges from a Washington, D.C., grand jury would be difficult to secure.
DiGenova made the comments during an appearance on Newsmax TV’s program “The Count.” He said the House Oversight and Government Reform Committee appears poised to advance contempt proceedings after the Clintons declined congressional subpoenas related to an ongoing investigation.
“Well, here we have it. The contemptible Clintons are now in contempt,” diGenova said, predicting the committee will approve contempt votes “with or without the help of Democrats.”
Under House procedures, contempt findings by a committee can lead to a full House vote, followed by a referral to federal prosecutors. DiGenova said that even with a referral, obtaining an indictment from a D.C. grand jury—which he described as “liberal Democrat”—would be “extremely difficult.”
“And this is a democratically controlled grand jury, along with the petit juries; getting an indictment from a D.C. Grand jury is going to be extremely difficult,” he said.
DiGenova also commented on the role of the U.S. attorney for the District of Columbia, saying the office could influence any potential prosecution.
“But if anyone can do it, it’s Jeanine Pirro,” said diGenova, the Senate-confirmed U.S. attorney for the District of Columbia.
The remarks come amid a broader effort by House Republicans to press for accountability after Bill and Hillary Clinton declined to appear for depositions in a congressional investigation. House Oversight Committee Chairman James Comer has said the panel will pursue contempt proceedings after the Clintons’ refusal to comply with subpoenas.
If the committee approves contempt measures, the next steps would include a vote by the full House and a possible referral to the Department of Justice.
“It will go to the House floor,” diGenova predicted. “They should be held in contempt unless some Republicans break loose.”
House Oversight Chairman James Comer, R-Ky., announced on Wednesday that the panel would initiate contempt proceedings after Bill and Hillary Clinton both failed to appear for a scheduled deposition
“As a result of Bill Clinton not showing up for his lawful subpoena, which again was voted unanimously by the committee in a bipartisan manner, we will move next week in the House Oversight Committee markup to hold former President Clinton in contempt of Congress,” Comer told reporters.
Congress has increasingly relied on contempt proceedings in recent years, including in the case of former White House aide Steve Bannon.
In July 2022, Bannon was found guilty of two counts of criminal contempt of Congress for defying a subpoena related to the House investigation into the January 6 riots. He was subsequently sentenced to four months in prison.
In July, the Federal Law Enforcement Subcommittee approved by voice vote the issuance of subpoenas to 10 individuals, including the Clintons.
The subpoenas seek testimony connected to the federal investigations into crimes committed by Epstein and his longtime associate, Ghislaine Maxwell, Newsmax reported on Friday.
“It has been more than four months since Bill and Hillary Clinton were subpoenaed to sit for depositions related to our investigation into Jeffrey Epstein and Ghislaine Maxwell’s horrific crimes,” Comer said in a statement. “Throughout that time, the former President and former Secretary of State have delayed, obstructed, and largely ignored the Committee staff’s efforts to schedule their testimony.
“If the Clintons fail to appear for their depositions next week or schedule a date for early January, the Oversight Committee will begin contempt of Congress proceedings to hold them accountable,” he added.
