The House Oversight Committee voted 41-0 to recommend holding billionaire investor Leon Black in contempt of Congress for refusing to testify or produce records in its Jeffrey Epstein investigation, sending the fight to the full House and federal court.
The House Oversight Committee voted 41-0 on Tuesday to recommend holding billionaire investor Leon Black in contempt of Congress, a unanimous rebuke of a witness who has refused to testify or hand over records in the panel's investigation into Jeffrey Epstein.
The resolution now advances to the full House, which must decide whether to refer the matter to the Justice Department for possible prosecution. Black, the co-founder of Apollo Global Management and a former business associate of Epstein, is simultaneously suing the committee in federal court to invalidate the subpoenas at the center of the fight.
Not a single member of the committee voted against the finding, a striking show of unity on a panel that has spent the year divided along party lines on nearly everything else.
The contempt fight traces back to June, when Black abruptly left a closed-door voluntary transcribed interview with the committee after declining to answer questions about nondisclosure agreements. Chairman James Comer of Kentucky responded by issuing subpoenas for testimony and for the agreements themselves.
Black did not appear on Sept. 3 as the subpoena required, and he has not produced the documents. Comer said in a statement that Black has chosen to hide behind litigation rather than answer the committee's questions.
Rep. Robert Garcia of California, the panel's top Democrat, said he strongly supported the move to hold Black in contempt, putting both parties on the same side of the vote. That outcome is uncommon for a contempt resolution, which typically splits the committee and often dies before reaching the House floor.
Black employed Epstein as a wealth management adviser, paying him large sums for tax and estate planning services. Emails released last year indicated that Black also confided in Epstein about personal matters, including extramarital affairs that ended in nondisclosure agreements.
Black told lawmakers in June that he met Epstein in the 1990s and began paying him for financial advice in 2013. He has said he regrets the relationship, describing Epstein as a man who repeatedly lied and falsely claimed to have been involved in decisions about investments.
His legal team has maintained that Black was not aware of Epstein's crimes and that Epstein had no involvement with any nondisclosure agreements, whether they exist or not. The attorneys also said Tuesday that Black never forced any woman to sign one.
The committee's interest in the agreements is not abstract. Subpoenas for private records have become a recurring flashpoint in Washington this year, including in the federal investigation of California Gov. Gavin Newsom's travel records, where prosecutors and defense lawyers are fighting over much the same question: how far a legal demand for documents can reach into personal files.
Instead of appearing before the committee in September, Black filed a lawsuit in federal court in Washington challenging the validity of the subpoenas. He argued that they have no legitimate connection to the committee's legislative purpose and that turning over the agreements would violate the privacy of women who have no known or public connection to Epstein.
His attorneys, Susan Estrich and Aaron Cutler, called the contempt push a complete abomination and characterized it as retaliation for exercising the right to sue. They said the subpoenas were illegitimate, illegal and a textbook abuse of power designed to bully and destroy the legal protections of private citizens, adding that the entire proceeding is about politics and ambition.
In letters sent before the vote, Black's lawyers urged the committee to postpone its markup until the court rules on the lawsuit and until the Office of Congressional Conduct reviews a complaint they planned to file about Comer's handling of the June deposition. The committee moved ahead anyway.
The contempt resolution is a recommendation, not a punishment. The full House must vote on whether to adopt it, and only then would the matter be referred to the Justice Department, which would make any charging decision.
It is unclear when the House will take that vote. This is the chamber's last week in session before Election Day, leaving a narrow window on an already crowded calendar. If lawmakers run out of time, the referral could slip until after voters have their say in November.
Contempt of Congress is rarely prosecuted, and courts have spent years sorting out how much deference a committee's investigative demands deserve. Black's separate lawsuit may produce the first real answer, since a judge can rule on the subpoenas regardless of what the House does.
Three things are worth watching. First, whether the federal court in Washington lets the subpoenas stand or blocks them. Second, whether House leaders schedule a floor vote in the days left before the recess. And third, whether the unanimous committee vote signals that other reluctant witnesses in the Epstein inquiry will face the same treatment. For now, the committee has done its part, and the decision has shifted to the full House and the courts.