The issue focused on Clinton's financial disclosure forms. And when asked if she would testify before the Senate Judiciary Committee on Tuesday, Clinton did not respond.

She did say that she would talk with Justice Department lawyers about how to sort out how to determine whether her financial disclosure forms were legitimate.

But after talking with Justice Department lawyers and knowing their financial disclosure forms were considered relevant to her Senate political investigation, Clinton did not respond.

Read MoreOver the past few months, political activists have taken