On December 1, 1998, two weeks before his death, Higginbotham gave testimony before the House Judiciary Committee concerning the issue of what constituted an impeachable offense, as part of the hearings on President Clinton's impeachment. Higginbotham argued that Clinton's conduct did not rise to the level of an impeachable offense. Higginbotham offered a hypothetical scenario of a person driving his car at a speed of -per-hour in a -per-hour speed zone, and then falsely testifying under oath that he was only driving -per-hour. Higginbotham then said,