WASHINGTON — Former President Bill Clinton and former Secretary of State Hillary Clinton are in a standoff with House Oversight Committee Chair James Comer, R-Ky., over testimony the panel is seeking in its investigation into the late convicted sex offender Jeffrey Epstein.
The dispute is over the format of the Clintons’ testimony to lawmakers. The Clintons’ legal team wrote a letter to Comer on Tuesday offering their public testimony before the committee at two hearings later this month, according to portions of the letter shared with NBC News.
The former secretary of state offered to testify before the panel on Feb. 26 and the former president offered to testify on Feb. 27, according to the letter. A Clinton spokesman and House Oversight Committee ranking member Robert Garcia, D-Calif., confirmed the dates. While the letter said they would be available for depositions on those dates, it made clear that they would prefer to testify in an open hearing.
“Though you have notably never asked the Clintons to appear in an open hearing, we now believe that will best suit our concerns about fairness,” the letter said. “Their answers, and your questions, can be seen by all to be judged accordingly.”
After the Clintons told Comer they would testify publicly, however, the Republican chair announced in a statement Tuesday that the two had agreed to appear for transcribed, filmed depositions later this month. Depositions are conducted behind closed doors.
“We look forward to questioning the Clintons as part of our investigation into the horrific crimes of Epstein and Maxwell, to deliver transparency and accountability for the American people and for survivors,” Comer said Tuesday.
Immediately after the announcement, Hillary Clinton spokesman Nick Merrill posted on X, “At the 11th hour, James Comer asked for a camera, that’s fine. He can have 1,000 cameras. The Clintons will do this publicly.” Angel Ureña, the former president’s spokesman, then reposted Merrill’s statement with a series of down arrows pointing to it.
Comer told reporters outside the Capitol Tuesday afternoon that the Clintons had agreed to “the rules of a standard deposition, so they’re not going to be treated any differently than anyone else.” He said that “if there’s something meaningful” that arises during the deposition — which he again noted would be filmed — then Republicans could host the Clintons for a public hearing.
The former first couple has been trying to reach an agreement with the Oversight Committee to avoid a Republican-led House vote to hold them both in contempt of Congress.
The committee had given the Clintons until noon ET on Tuesday to comply with the panel’s subpoena to appear for testimony as part of the Epstein probe. House Majority Leader Steve Scalise, R-La., warned Tuesday morning that the House would proceed with a floor vote to hold the Clintons in contempt of Congress if they failed to cooperate. The Oversight panel had voted last month to recommend holding them in contempt.
It’s incredibly rare for either sitting or former presidents to testify before Congress. Gerald R. Ford was the last former president to do so in 1983 when he testified before a Senate subcommittee about planning for the bicentennial of the Constitution.
On Monday evening, Ureña responded on X to a letter from Comer, saying that the couple had agreed to testify in the House Epstein investigation.
“They negotiated in good faith. You did not,” he wrote. “They told you under oath what they know, but you don’t care. But the former President and former Secretary of State will be there. They look forward to setting a precedent that applies to everyone.”
Bill Clinton has said that he was unaware of Epstein’s crimes. He has denied any wrongdoing and there has been no evidence that he was involved in Epstein’s crimes. Clinton has said that he cut ties with Epstein before Epstein was charged in 2006 with having sex with a minor. Undated photos of the former president have appeared in some of the Epstein files released by the Justice Department.
Meanwhile, Merrill said in December, “Since this started, we’ve been asking what the hell Hillary Clinton has to do with this, and he hasn’t been able to come up with an answer.”
Owen Hayes and Lizzie Jensen contributed.