Rep. James Comer, the chair of the House Oversight Committee, continued to press for criminal contempt of Congress charges against both Clintons Monday evening for defying a congressional subpoena when attorneys for the Clintons emailed staff for the Oversight panel, saying the pair would accept Comer’s demands and “will appear for depositions on mutually agreeable dates.”

The attorneys requested that Comer, a Kentucky Republican, agree not to move forward with the contempt proceedings. Comer, however, said he was not immediately dropping the charges, which would carry the threat of a substantial fine and even incarceration if passed by the House and successfully prosecuted by the Department of Justice.

“We don’t have anything in writing,” Comer told reporters, adding that he was open to accepting the Clintons’ offer but “it depends on what they say.”

The last-minute negotiating came as Republican leaders were advancing the contempt resolution through the House Rules Committee — a final hurdle before it headed to the House floor for a vote. It was potentially a grave moment for Congress, the first time it could hold a former president in contempt and advance the threat of prison time.

As Comer and the Clintons negotiated over the terms of the depositions, the House Rules Committee postponed advancing the contempt of Congress resolutions.

Comer earlier Monday rejected an offer from attorneys for the Clintons to have Bill Clinton conduct a transcribed interview and Hillary Clinton submit a sworn declaration. He insisted that both Clintons sit for sworn depositions before the committee in order to fulfill the panel’s subpoenas.

A letter from the committee to attorneys for the Clintons indicated that they had offered for Bill Clinton to conduct a 4-hour transcribed interview on “matters related to the investigations and prosecutions of Jeffrey Epstein” and for Hillary Clinton to submit a sworn declaration.

“The Clintons do not get to dictate the terms of lawful subpoenas,” Comer said.

The former president and secretary of state had resisted the subpoenas for months after the Oversight panel issued subpoenas for their testimony in August as it opened an investigation into Epstein and his associates. Their attorneys had tried to argue against the validity of the subpoena.

However, as Comer threatened to begin contempt of Congress proceedings, the Clintons started negotiating towards a compromise. The Republican-controlled Oversight committee advanced criminal contempt of Congress charges last month. Nine of the committee’s 21 Democrats joined Republicans in support of the charges against Bill Clinton as they argued for full transparency in the Epstein investigation. Three Democrats also supported advancing the charges against Hillary Clinton.

Republicans push Bill Clinton’s involvement

Bill Clinton’s relationship with Epstein has reemerged as a focal point for Republicans amid the push for a reckoning over Epstein, who killed himself in 2019 in a New York jail cell as he faced sex trafficking charges.

Clinton, like a bevy of other high-powered men, had a well-documented relationship with Epstein in the late 1990s and early 2000s. He has not been accused of wrongdoing in his interactions with the late financier.

The Clintons have remained highly critical of Comer’s decision, saying he was bringing politics into the investigation while failing to hold the Trump administration accountable for delays in producing the Department of Justice’s case files on Epstein.

“They negotiated in good faith. You did not,” a spokesperson for the Clintons, Angel Ureña, said in response to Comer’s threats on Monday. “They told you under oath what they know, but you don’t care.”

Still, the prospect of a vote raised the potential for Congress to use one of its most severe punishments against a former president for the first time. Historically, Congress has given deference to former presidents. None has ever been forced to testify before lawmakers, although a few have voluntarily done so.

House Democratic leader Hakeem Jeffries said earlier Monday that his caucus would have a discussion on the contempt resolutions later in the week but remained noncommittal on whipping votes against them.

Jeffries said he was a “hard no” on contempt and accused Comer of focusing on political retribution rather than investigating the delayed release of case files. Democrats also say the Justice Department has not yet released all the material it has on the late financier.

“They don’t want a serious interview, they want a charade,” Jeffries said.