Democrats Say Clinton Contempt Precedent Will Come Back to Haunt Trump

Lawmakers argue that the threat of criminal contempt for defying subpoenas will linger over Trump after he leaves office.

Published on Feb. 7, 2026

Democrats say the bipartisan effort to threaten former President Bill Clinton and former Secretary of State Hillary Clinton with criminal contempt for defying subpoenas has created a precedent that can be used against former President Donald Trump when they regain control of the House. They argue this new precedent means the threat of a criminal contempt investigation will hang over Trump after he leaves the White House.

Why it matters

The Democrats' inability to defend the Clintons against the criminal contempt charges has underscored the pair's fading political relevance. However, the precedent set by compelling the Clintons to testify gives Democrats a new tool to investigate Trump on issues like his immigration policies and relationship with Jeffrey Epstein when they regain power.

The details

A bipartisan House committee voted to potentially hold Bill and Hillary Clinton in criminal contempt for defying subpoenas related to the Jeffrey Epstein investigation. This created a new precedent that Democrats say they will use to subpoena Trump for investigations of their own when they regain control of the House. Democrats argue this threat of criminal contempt will linger over Trump even after he leaves office, unlike when he was out of office during the Jan. 6 investigation.

  • On January 21, the GOP-led House committee voted on two resolutions to hold the Clintons in criminal contempt.
  • In late February, the Clintons agreed to testify after facing the potential House vote for criminal contempt.

The players

Bill Clinton

Former President of the United States who was threatened with criminal contempt for defying subpoenas related to the Jeffrey Epstein investigation.

Hillary Clinton

Former Secretary of State and 2016 Democratic presidential nominee who was also threatened with criminal contempt for defying subpoenas.

Donald Trump

Former President of the United States who Democrats say will face the threat of criminal contempt investigations when they regain control of the House.

James Comer

Republican chair of the House Oversight and Government Reform Committee that subpoenaed the Clintons.

Robert Garcia

Democratic representative from California who said the precedent set by the Clinton contempt push will be used against Trump.

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What they’re saying

“We look forward to using this same precedent when we take back the majority in November.”

— Dan Goldman, Former House staffer in the first Trump impeachment (Twitter)

“That is their choice. They have decided to elevate Congressional power in this respect.”

— Alexandria Ocasio-Cortez, U.S. Representative from New York (USA TODAY)

“This isn't about helping President Trump. This isn't about protecting President Trump.”

— James Comer, Chair, House Oversight and Government Reform Committee (USA TODAY)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.