The House of Representatives voted Wednesday to hold billionaire Leon Black in contempt of Congress for his refusal to comply with subpoenas issued to him related to the House Oversight Committee's ongoing investigation of Jeffrey Epstein, the late convicted sex offender. The vote by unanimous consent sets the stage for House Speaker Mike Johnson, R-La., to certify the matter and refer Black's conduct to the Department of Justice for possible criminal prosecution. It came one day after the House Committee on Oversight and Government Reform voted 41-0 to recommend that the full chamber act against the former Apollo Global Management CEO. It remains unclear whether the Justice Department will ultimately prosecute Black. Defendants convicted of contempt of Congress face a possible sentence of not less than one month and not more than 12 months in prison. ## Two Subpoenas, One Defiance The contempt action stems from Black's failure to appear for a transcribed deposition by the committee on September 3 after it issued him a subpoena for that appearance, and his failure to comply fully with a separate subpoena seeking copies of nondisclosure agreements he has been party to. Black gave the committee one of the NDAs, which his lawyers said was the only one that Epstein knew about, but withheld the others. That partial production became the tipping point for the contempt recommendation. A DOJ spokesperson, in a statement to MS NOW, said: "The Department of Justice is expecting to receive the referral from [the] House Oversight Committee and takes allegations of contempt of Congress seriously." "For the past 18 months, the Department has repeatedly said it will follow additional investigative leads in all matters relating to Jeffrey Epstein," the spokesperson said. "The US Attorney's Office for the District of Columbia will review the referral of Mr. Black carefully and will not hesitate to pursue additional cases where the evidence supports." ## Comer and Garcia Speak Out "No one is above the law," House Oversight Chairman Rep. James Comer, R-Ky., said in a statement. "Leon Black defied two subpoenas, and the U.S. House of Representatives acted swiftly to find him in contempt of Congress." "We will continue to seek transparency for the American people and justice for survivors in our investigation of the federal government's handling of the Jeffrey Epstein and Ghislaine Maxwell criminal cases," Comer said. Rep. Robert Garcia of California, the ranking Democrat on the oversight panel, called the vote an important step. "This vote is an important step towards justice and accountability," Garcia said. "We will continue to center the survivors in our fight to hold those responsible for these horrific crimes. We are just getting started." ## Attorneys Call Action "Outrageous" Black's attorneys, Susan Estrich and Aaron Cutler, blasted the House action, calling it "an outrageous action that ignores the facts and the truth about Mr. Black." "The House of Representatives has rushed through every stage of this inquiry. First, the Committee on Oversight and Government Reform and Chairman Comer rushed to issue him subpoenas," the lawyers said in a statement. "Then, the Committee rushed to hold him in contempt, even in the face of active litigation and an ethics complaint." "Mr. Black is a private citizen who has helped create hundreds of thousands of jobs, has given away more than $700 million in philanthropic and charitable contributions, and has supported research that has been at the vanguard of cancer treatment," the attorneys said. "To think, he is being held in contempt over invalid subpoenas is ridiculous. It is so out of line that the behavior of this Committee is reminiscent of the 1950's where another Congressional Committee abused its investigative authority and destroyed people's lives." ## The Pending Lawsuit and Epstein History Black sued the committee and Comer on September 3, seeking to block the subpoenas. That lawsuit is pending in U.S. District Court in Washington, and argues the subpoenas are invalid to the extent they exceed the committee's delegated authority in seeking private information that bears no legitimate connection to its legislative purpose. The civil complaint also says the subpoenas would expose women who value their privacy, have no known or public connection to Epstein, bargained for confidentiality and have refused to release it. Black's lawyers said their confidential ethics complaint against Comer will further show that the chairman violated the rules of the House. Black has not been charged with any wrongdoing in connection with his dealings with Epstein, who killed himself in 2019 after being charged with child sex trafficking. But Black stepped down as Apollo's CEO in March 2021, two months after the firm disclosed that he had paid Epstein $158 million for tax and estate planning advice from 2012 through 2017. Black knew at the time that Epstein had pleaded guilty in Florida state court in 2008 to two prostitution-related charges, among them soliciting prostitution from an underage girl. "Mr. Black has repeatedly said that he feels terrible for Epstein's victims and that he regrets ever doing business with Epstein," his lawyers said Wednesday. "He never abused a woman. He never was with an underage woman. He never engaged in sex trafficking. He never paid Epstein for access to women. He was never blackmailed by Epstein. Mr. Black had no knowledge of any of Epstein's heinous conduct. He never forced any woman to sign any NDA." The referral to the Justice Department now moves the fight from Capitol Hill to federal prosecutors, with the U.S. Attorney's Office for the District of Columbia holding the decision on whether Black becomes the first person criminally charged in the committee's Epstein investigation.