Hillary Clinton expected to defy Epstein probe subpoena, risking criminal charges

Former Secretary of State Hillary Clinton was subpoenaed to appear before the House Oversight Committee on Wednesday, but she's expected to ignore the order, potentially risking criminal charges.

Hillary Clinton is scheduled to be deposed behind closed doors at 10 a.m. on Wednesday, and it appears the GOP-led committee will move forward with holding the interview in some form regardless of whether she attends.

Hillary and Bill Clinton's lawyers sent a letter to House Oversight Committee Chairman James Comer, R-Ky., earlier this week, calling their subpoenas "invalid and legally unenforceable."

But Comer previously threatened to initiate contempt of Congress proceedings against both Clintons if they skipped their January deposition dates, which were rescheduled twice prior, amid conversations with their attorneys.

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Bill Clinton defied his own subpoena on Tuesday, failing to appear for a 10 a.m. closed-door deposition. 

Comer told reporters afterward that the House Oversight Committee would meet next week to advance a contempt resolution against the former president in response.

When Fox News Digital asked if the same would happen to Hillary Clinton if she failed to appear the next day, Comer said, "We'll see. We'll talk about it."

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The former first couple were two of 10 people subpoenaed by Comer as part of the panel's investigation into Jeffrey Epstein. The subpoenas were issued following a bipartisan vote by an Oversight subcommittee panel during an unrelated hearing on illegal immigration.

Despite that, however, no Democrats appeared for Bill Clinton's expected grilling.

"Not a single Democrat showed up today, not a single Democrat," Comer told reporters. "It just seems like they only care about pushing Republicans. And we've had a former Trump Cabinet secretary, Alex Acosta, in for a grilling. We had Bill Barr, former attorney general, in for a grilling. But for whatever reason, President Clinton didn't show up. And the Democrats on the committee don't seem to have a problem."

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The Clintons' attorneys criticized Comer's leadership of the investigation in their letter, discounting the subpoenas.

"President and Secretary Clinton have already provided the limited information they possess about Jeffrey Epstein and Ghislaine Maxwell to the Committee," the lawyers 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."

Comer said after Bill Clinton skipped his 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."

The House Oversight Committee would need to advance a contempt resolution before it's considered by the entire chamber. If a simple majority votes to hold someone in contempt of Congress, a criminal referral is then traditionally made to the Department of Justice.

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.