Bill Clinton defies congressional subpoena, Comer says contempt charges moving ahead

Former President Bill Clinton appears to have defied a congressional subpoena to appear before the House Oversight Committee on Tuesday morning.

Clinton was compelled to sit for a sworn closed-door deposition in the House's bipartisan probe into Jeffrey Epstein, but Fox News Digital did not see him before or after the scheduled 10 a.m. grilling.

House Oversight Committee Chairman James Comer, R-Ky., had threatened to begin contempt of Congress proceedings against Clinton if he did not appear Tuesday.

Comer said Tuesday morning, "We will move next week in the House Oversight Committee … to hold Bill Clinton in contempt of Congress."

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"I think everyone knows by now Bill Clinton did not show up. And I think it's important to note that this subpoena was voted on in a bipartisan manner by this committee," Comer told reporters after formally ending the deposition.

"No one's accusing Bill Clinton of any wrongdoing. We just have questions. And that's why the Democrats voted, along with Republicans, to subpoena Bill Clinton."

He said "not a single Democrat" showed up to the deposition on Tuesday.

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Other lawmakers seen going into the committee room include Reps. Lauren Boebert, R-Colo., Andy Biggs, R-Ariz., Michael Cloud, R-Texas, Tim Burchett, R-Tenn., and Scott Perry, R-Pa.

Hillary Clinton had also been subpoenaed to appear on Wednesday but likely will not show up.

The Clintons’ attorney sent Comer a letter confirming they’re challenging the legality of the subpoenas issued against them.

"[T]he Subpoenas issued to President and Secretary Clinton are invalid and legally unenforceable. Mindful of these defects, we trust you will engage in good faith to de-escalate this dispute," reads the letter, obtained by Fox News Digital.

The Clintons' attorneys tore into Comer's leadership of the investigation, accusing him of violating the Constitution's separation of powers and trying to obfuscate the search for real information.

"President and Secretary Clinton have already provided the limited information they possess about Jeffrey Epstein and Ghislaine Maxwell to the Committee. They did so proactively and voluntarily, and despite the fact that the Subpoenas are invalid and legally unenforceable, untethered to a valid legislative purpose, unwarranted because they do not seek pertinent information, and an unprecedented infringement on the separation of powers," the letter said.

"Your continued insistence that the former President and Secretary of State can be compelled to appear before the Committee under these circumstances, however, brings us toward a protracted and unnecessary legal confrontation that distracts from the principal work of the Congress with respect to this matter, which, if conducted sincerely, could help ensure the victims of Mr. Epstein and Ms. Maxwell are afforded some measure of justice for the crimes perpetrated against them, however late. But perhaps distraction is the point."

Fox News Digital asked Comer if he would also move to hold Hillary Clinton in contempt next week if she defies the subpoena, to which he said, "We'll see. We'll talk about it."

If the contempt resolution advances through committee next week, it will then be on the entire House to vote on whether to refer the former president for criminal charges.

A criminal contempt of Congress charge is a misdemeanor that carries a punishment of up to one year in jail and a maximum $100,000 fine if convicted.

Burchett, however, told reporters he was not confident that the Department of Justice (DOJ) would pursue such a referral.

"I've been really disappointed in our Justice Department, so I would hope that maybe they're making some changes over there," Burchett said.

The former first couple were two of 10 people who Comer initially subpoenaed in the House's Epstein investigation after a unanimous bipartisan vote directed him to do so last year. Fox News Digital was first to report on the subpoenas in August.

Clinton was known to be friendly with the late pedophile before his federal charges but was never implicated in any wrongdoing related to him.