When Pelosi opened impeachment probe without vote, McCarthy questioned ‘legitimacy’

House Speaker Kevin McCarthy (R-CA) opened an impeachment inquiry into President Biden the same way then-Speaker Nancy Pelosi (D-CA) opened an inquiry into former President Donald Trump in 2019–with an announcement and without a vote. Republicans allege that while serving as vice president, Biden profited off of his son Hunter Biden’s business dealings.

On Sept. 24, 2019, Pelosi said during an address, “Today I am announcing the House of Representatives is moving forward with an official impeachment inquiry. I am directing our six committees to proceed with their investigations under that umbrella.” 

McCarthy made a similar statement on Sept. 12, 2023.

“I am directing our House committee to open a formal impeachment inquiry into President Joe Biden,” McCarthy said. 

In 2019, McCarthy raised concerns with Pelosi’s inquiry. In a letter days after Pelosi’s announcement, McCarthy asked her to suspend until there’s a vote. He wrote that without a vote, “you would create a process completely devoid of any merit or legitimacy.”

READ⬇️ I’ve written to Speaker Pelosi to halt the impeachment inquiry until we can receive public answers to the following questions. Given the enormity of the question at hand—impeaching a duly elected president—the American public deserves fairness and transparency. pic.twitter.com/EFKOghyf9w

— Kevin McCarthy (@SpeakerMcCarthy) October 3, 2019

SAN asked House Republicans if they stand by McCarthy’s stance during the Trump administration. 

Question: Without a vote for your inquiry, how are you going to ensure that it has merit and legitimacy?

Rep. Marjorie Taylor Greene, R-GA

“Well, Nancy Pelosi set the precedent so it has merit and legitimacy. I think this is a good warning Democrats to be careful what they do, because we can turn around and do the same thing.”

Rep. Andy Ogles, R-TN

“It is completely within the speaker’s purview to move forward on an action if he feels that it’s justified. He’s heard from his conference, and quite frankly, he’s heard from the American people, we have a two tier justice system in this country.”

Rep. Nancy Mace, R-SC

“I’d be fine with taking the vote because again, it’s like another tool in the toolbox to allow us to continue our investigation.”

Starting the Biden inquiry without a vote could allow the Justice Department to use a memorandum from the Trump Justice Department to its advantage. 

In January 2020, the Justice Department put out an official memo stating the House can’t compel anyone to hand over documents unless there’s a vote. 

The memo, first published by Politico, stated, “No committee may undertake the momentous move from legislative oversight to impeachment without a delegation by the full House of such authority.”

By that standard, the House would have to vote on this new inquiry before it issues any subpoenas.