Because the House Oversight Committee chair makes those decisions, and until January 3 that chair is James Comer of Kentucky, who does not have the taste for making the well-heeled uncomfortable by placing them under oath.

Comer, along with Clay Higgins of Louisiana, have blocked SO many subpoenas -- except for the ones involving the Clintons and other Dems, of course, and then he was all for subpoenaing them and forcing them to attend. Comer is the reason Pam Bondi never testified under oath, for example.

But committees are ALL about party membership. Today, Robert Garcia is the ranking member (like vice chair, where the leader of the minority party sits) of the House Oversight Committee, which is handling the Epstein investigations in Congress in spite of the FBI who should be handling them in the Dept of Justice but is not, and James Comer is chair.

But all this changes on January 3. When the new Congress is seated, a new House Oversight Committee will be formed, and it is very likely that Robert Garcia -- who just won his re-election in CA-42 -- will become chair. (No idea what will become of Comer and frankly don't care.)

Because Garcia is likely to become the new chair, that makes this lawsuit a strategic choice by Black to put pressure on the committee and the new chair himself to drop his efforts against Black. We'll see how it pans out.