Both Clintons no-showed their scheduled depositions this week. Chairman James Comer responded exactly as predicted: he promised contempt proceedings “next week.” History shows what happens next—nothing.
Bill Clinton skipped his Tuesday deposition. Hillary Clinton skipped hers Wednesday. Not a single Democratic committee member attended either proceeding. Comer announced a contempt vote for January 22. Speaker Mike Johnson supports it.
No former president has ever been compelled to testify before Congress. Harry Truman refused a 1953 subpoena, citing separation of powers. The committee backed down. In 2022, Donald Trump sued to block the January 6 committee’s subpoena. The committee withdrew it rather than test the claim in court.
Even if the House votes for contempt, the Department of Justice decides whether to prosecute. Since 2008, the House has held ten individuals in criminal contempt. DOJ prosecuted two: Steve Bannon and Peter Navarro, both Trump allies who defied the January 6 committee. DOJ declined to prosecute four others, including Attorney General Merrick Garland, held in contempt in 2024 for refusing to turn over audio of President Biden’s interview with special counsel Robert Hur.
Attorney General Pam Bondi faces pressure her predecessors didn’t. Trump’s base is furious over Epstein file releases. The Epstein Files Transparency Act required DOJ to release all documents by December 19. DOJ has published 125,000 pages—less than one percent of the estimated 5.2 million documents. Representatives Thomas Massie and Ro Khanna are threatening Bondi with inherent contempt. Trump is reportedly unhappy with her failure to prosecute those who investigated him.
Prosecuting the Clintons would deliver a win. They’re private citizens with no executive privilege claims. But even if Bondi secures convictions, criminal contempt doesn’t compel testimony. Maximum penalty: one year in prison and a $100,000 fine. It doesn’t produce the information Congress seeks.
Comer’s pattern shows he knows this. He issued subpoenas August 5, 2025. Original depositions scheduled for October 14. The Clintons declined, citing a funeral. Comer rescheduled for December 17-18. They declined again, citing another funeral. Comer rescheduled for January. They didn’t show.
Each time: Clintons delay, Comer accommodates, threatens “next time.” The pattern mirrors Trump’s subpoena—issue threats, reschedule when defied, promise action until the clock runs out.
If DOJ declines to prosecute, the House can pursue civil enforcement. That takes years. The House sued Attorney General Eric Holder in 2012 over Fast and Furious documents. The case settled in 2019—seven years later. The 119th Congress ends January 2027.
The Clintons offered to testify in a public hearing instead of a closed deposition. Comer dismissed it as stalling. He’s right—it is stalling. It’s also working. The Clintons aren’t Hunter Biden. They’re former president and secretary of state betting on precedent. Trump’s lawyers argued no former president had ever been compelled to testify. The January 6 committee never tested it in court.
Neither will Comer. Not because the Clintons are innocent. Not because they’re above the law. But because forcing the question risks a Supreme Court ruling that permanently limits Congress’s investigative authority over former presidents.
Comer promised immediate contempt proceedings in December. He rescheduled. He promised contempt proceedings in January. Now he’s promising “next week.” The Clintons simply waited. Based on 235 years of history, it’s working.
Support Independent Local Journalism — High Country Advocate was created as a real alternative to regional media that too often silences dissenting voices while taking sides in the political struggle. Producing in-depth, unflinching reporting like this series and others is expensive: servers, editing, research time, and legal review all add up quickly. If these articles have informed you or given you new perspective, please consider supporting HCA with a paid subscription — every subscriber helps keep this reporting strong and independent. 