Republicans Mulling DC Grand Jury Outcomes For Clinton Prosecution
Former federal prosecutor Joe diGenova said Saturday that the U.S. House of Representatives could move to hold former President Bill Clinton and former Secretary of State Hillary Clinton in contempt of Congress for refusing to comply with subpoenas tied to the Jeffrey Epstein investigation, though he cautioned that securing criminal charges in Washington, D.C., would be an uphill battle.
DiGenova made the remarks during an appearance on Newsmax TV’s “The Count,” where he argued that the House Oversight and Government Reform Committee appears prepared to advance contempt proceedings after both Clintons declined to provide testimony.
“Well, here we have it. The contemptible Clintons are now in contempt,” diGenova said, predicting the committee would approve contempt votes “with or without the help of Democrats.”
Under House rules, a committee-level contempt vote can advance to the full House, followed by a referral to federal prosecutors. However, diGenova said any effort to obtain an indictment from a District of Columbia grand jury would face steep political headwinds.
“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 pointed to the importance of leadership at the U.S. Attorney’s Office for the District of Columbia, suggesting that the outcome could hinge on prosecutorial resolve.
“But if anyone can do it, it’s Jeanine Pirro,” he said, referring to the Senate-confirmed U.S. attorney for the District of Columbia.
The comments come as House Republicans intensify efforts to enforce congressional subpoenas after Bill and Hillary Clinton declined to appear for depositions. House Oversight Committee Chairman James Comer, R-Ky., has made clear that the panel intends to pursue contempt proceedings in response.
If the committee advances contempt measures, the process would move to a full House vote and potentially to the Department of Justice for prosecution.
“It will go to the House floor,” diGenova predicted. “They should be held in contempt unless some Republicans break loose.”
Comer formally announced Wednesday that the committee would initiate contempt proceedings after both Clintons failed to appear as scheduled.
“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 powers in recent years to enforce oversight authority, including in the case of former Trump White House adviser Steve Bannon.
In July 2022, Bannon was convicted on two counts of criminal contempt of Congress for defying a subpoena related to the House investigation into the January 6 riots and was later sentenced to four months in prison.
In July, the Federal Law Enforcement Subcommittee approved by voice vote subpoenas for 10 individuals, including Bill and Hillary Clinton. Those subpoenas seek testimony connected to federal investigations into crimes committed by Epstein and his longtime associate, Ghislaine Maxwell, according to Newsmax.
“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.