Joe diGenova, former U.S. attorney for Washington, D.C., said Tuesday that House Oversight Committee Chair James Comer is on firm legal ground as he moves to hold former President Bill Clinton and his wife, former Secretary of State Hillary Clinton, in contempt for skipping depositions after receiving congressional subpoenas.
Appearing with former senior Justice Department official Victoria Toensing on Newsmax's "The Chris Salcedo Show," diGenova argued that Bill Clinton can't hide behind presidential protections because the matter involves alleged private conduct relating to the late, convicted sex offender Jeffrey Epstein, who was not a public figure.
DiGenova said that a letter the Clintons wrote to Comer, declining to testify and citing presidential privilege, "doesn't cover Bill ... because this does not involve presidential activity."
"This involves private activity with a private person convicted of crimes for which the former president has pertinent evidence," he said.
According to diGenova, the congressional subpoena is legitimate, and Bill Clinton can be compelled to testify if lawmakers follow through.
"He can be called to testify before Congress pursuant to a legitimate subpoena," diGenova said, adding that he expects Comer to press the issue.
"And I expect Comer to move to have him held in contempt, send it to the House floor," diGenova said.
But he also suggested the effort could stall once it reaches a broader vote, pointing to internal resistance among House Republicans.
"Whether or not the House will pass it is another question because there are some pretty flaky Republicans in the Congress, on the House of Representatives, and I'm not sure the votes are there for it," he said.
Still, he said, Comer should at least advance the matter beyond the committee stage.
"But I expect Comer to get it out of committee," diGenova said.
Toensing, however, was more skeptical that GOP leadership will match its rhetoric with enforcement, predicting Republicans won't hold the Clintons to the same standard Democrats once applied to Trump allies Steve Bannon and Peter Navarro, who served prison sentences for defying subpoenas from the Jan. 6 committee.
"Probably not," she said when asked if Congress will push for consequences for the Clintons. "It's always very disappointing."
Toensing urged Congress to run through the process and then force the executive branch to make a decision, even if she doubts anything will come of it.
"Let the process work in Congress, in the House," she said. "See if the Clintons are held in contempt and then see if the AG [attorney general] decides to go after them."
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Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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