Clintons face contempt of Congress charges, potential jail time over Epstein probe

House Republicans are pushing to hold former President Bill Clinton and former Secretary of State Hillary Clinton in contempt of Congress over the Jeffrey Epstein probe, a move that, if successful, could send them to prison. 

It’s the latest turn in the years-long Epstein saga, as Congress investigates how he was able to sexually abuse dozens of teenage girls for years. 

Clintons in contempt? 

Big picture view:

The Oversight Committee chair, Rep. James Comer of Kentucky, initiated the contempt proceedings after the Clintons refused for months to testify in the panel’s Epstein probe, despite being issued subpoenas to do so. While the charges have historically been used only as a last resort, lawmakers in recent years have been more willing to reach for the option. 

Why you should care:

Contempt proceedings are an initial step toward a criminal prosecution by the Department of Justice. It’s the first time the House is using one of its most powerful punishments against a former president. 

What they're saying:

"They’re not above the law. We’ve issued subpoenas in good faith," Comer told The Associated Press on the eve of the contempt proceedings. "For five months we’ve worked with them. And time’s up."

The other side:

In a scathing letter last week, the Clintons criticized Comer for seeking their testimony at a time when the Department of Justice is running a month behind a congressionally mandated deadline to release its complete case files on Epstein.

The Clintons have also argued that the subpoenas are invalid because they don’t serve any legislative purpose and say that they did not know about Epstein’s abuse. They have offered the committee written declarations about their interactions with Epstein.

"We have tried to give you the little information we have. We’ve done so because Mr. Epstein’s crimes were horrific," the Clintons wrote in a letter to Comer last week.

What's next:

The Clintons, both Democrats, appeared to be searching for an off-ramp to testify to avoid hefty fines and potential jail time, even though passage of contempt charges through the full House is far from guaranteed. It requires a majority vote — something Republicans increasingly struggle to achieve.

Comer rejected an offer Tuesday from an attorney for the Clintons to have Comer and the ranking Democrat on the committee, Rep. Robert Garcia, interview Bill Clinton in New York, along with staff.

Epstein files latest

The backstory:

Epstein, a wealthy financier, was known for socializing with celebrities, politicians, billionaires and the academic elite, including President Donald Trump and Bill Clinton. He was first accused of sexually abusing underage girls in 2005, but Epstein made a secret deal with the U.S. attorney in Florida to avoid federal charges, enabling him to plead guilty in 2008 to a relatively minor state-level prostitution charge. He served 13 months in a jail work-release program.

RELATED: Epstein emails say Trump 'spent hours' with one of Epstein's victims

In 2019, Manhattan federal prosecutors revived the case and charged Epstein with sex trafficking, alleging he sexually abused dozens of girls. He killed himself in jail a month after his arrest.

Epstein’s longtime friend and former girlfriend Ghislaine Maxwell is serving a 20-year prison sentence for helping recruit some of his underage victims.

RELATED: Epstein files released by Justice Department: What's in them

The Epstein Files Transparency Act, a law passed by Congress and signed by Trump, required the Justice Department to release all unclassified documents and investigative materials, including files relating to immunity deals and internal communications, by Dec. 19. The Trump administration has been slow to release the files, prompting ire from lawmakers who want an independent monitor to ensure that the government immediately releases the more than 2 million documents it has identified as investigative materials.

How do contempt of Congress proceedings work? 

Dig deeper:

Contempt of Congress proceedings are rare, used when lawmakers are trying to force testimony for high-profile investigations, such as the infamous inquiry during the 1940s into alleged Communist sympathizers in Hollywood or the impeachment proceedings of President Richard Nixon.

Most recently, Trump’s advisers Peter Navarro and Steve Bannon were convicted of contempt charges for defying subpoenas from a House panel investigating the Jan. 6, 2021, riot by a mob of the Republican president’s supporters at the Capitol. Both men spent months in prison.

The Jan. 6 committee also subpoenaed Trump in its inquiry, but Trump’s lawyers resisted the subpoena, citing decades of legal precedent they said shielded ex-presidents from being ordered to appear before Congress. The committee ultimately withdrew its subpoena.

No former president has ever been successfully forced to appear before Congress, although some have voluntarily appeared.