Topline
Speaker of the House Kevin McCarthy, R-Calif., talks to reporters outside his office about calls for … [+]
Key Facts
There is no “explicit definition of what constitutes an impeachment investigation,” according to the Congressional Research Service, which prepares reports for Congress, so all that’s known about the inquiries is based on how they’ve been historically done.
Launching an impeachment inquiry—or impeachment investigation—is not a required step in the impeachment process, as it’s not outlined in the Constitution, but it’s usually the first step toward bringing articles of impeachment, according to the research group.
Inquiries typically start in the House, which has the sole power to initiate impeachment; the Senate has the sole power to try impeachments.
The House could skip an inquiry and file articles of impeachment directly with the House Judiciary Committee, but if it decides to launch an investigation—which is far more common—a resolution to “authorize an investigation as to whether grounds exist for the House to exercise its impeachment power” moves forward, the research service said.
Typically, an investigation is conducted by the Judiciary Committee, though it can be carried out by a special committee tasked with looking into whether an individual should be impeached, according to a report from the Congressional Research Service.
The research service said the main point of an impeachment inquiry is to determine if the person being investigated “has engaged in treason, bribery, or other high crimes and misdemeanors” and, if a majority of the House Judiciary Committee determines grounds for impeachment are there, one or more articles of impeachment can be reported to the full House for a vote.
Big Number
94. That’s how many “identifiable impeachment-related inquiries” had been conducted by Congress as of 2007, per the Congressional Research Service, which cited the number in a 2019 report. It’s unclear how many involved presidents since there are no formal definitions of impeachment inquiries.
Surprising Fact
Even if the House Judiciary Committee doesn’t recommend the House file articles of impeachment, House members can still vote to impeach. Per the Constitution, a vote to impeach requires a majority of those present and voting and, if the House votes to impeach, “managers” who will present the matter to the Senate are appointed, according to the Congressional Research Service.
News Peg
House Republicans have been looking into Biden family finances, specifically payments Hunter Biden received from a Ukrainian energy company involved in the first impeachment of former President Donald Trump. Republicans are also investigating claims the Justice Department interfered with a tax investigation into Hunter Biden and have said recordings exist showing conversations between a foreign national who allegedly bribed Biden when he was vice president. On Tuesday, McCarthy admitted the House’s current probes have not shown wrongdoing, but said a formal impeachment inquiry would allow “Congress to get the information to be able to know the truth,” the Associated Press reported. Compared to a legislative investigation, an impeachment investigation is more likely to produce information like “grand jury materials, documents and testimony related to either the President’s exercise of his exclusive constitutional powers or his conduct occurring prior to taking office, and communications covered by executive privilege,” according to the Congressional Research Service. The news from McCarthy that Republicans are considering an impeachment inquiry came as a surprise to many. Just last month, McCarthy diverted an impeachment effort spearheaded by Rep. Lauren Boebert (R-Colo.)—who argued Biden’s handling of the southern border with Mexico qualified as high crimes and misdemeanors—by diverting her resolution to vote on it and sending it to committees.
Further Reading
Source: https://www.forbes.com/sites/mollybohannon/2023/07/25/mccarthy-threatened-biden-with-an-impeachment-inquiry-heres-what-that-is/