Biden impeachment inquiry could result in 'humiliating loss' if GOP doesn't have the votes, legal expert warns

FOX News contributor Andy McCarthy cautioned Tuesday that a Biden impeachment inquiry is "more about math than merit" for Republicans, warning on "America's Newsroom" that not having the votes for impeachment would be a "humiliating loss" for House Speaker Kevin McCarthy.

HOUSE SPEAKER KEVIN MCCARTHY ANNOUNCES FORMAL IMPEACHMENT INQUIRY AGAINST PRESIDENT BIDEN

ANDY MCCARTHY: This is really more about math than merit at this point. The Constitution provides for impeachment, for treason, bribery, or high crimes and misdemeanor. They already have [that] in terms of a bribery investigation. They've got more evidence here of inappropriate behavior than Trump was actually impeached for in connection with the Ukraine transaction back in 2019. So it's not a question I don't think of whether there's a basis to open an inquiry. It's very simple: does McCarthy have enough votes to get that through? Because it's pointless unforced error to try to get an impeachment inquiry and to lose, you know, raise the profile of it. And then if he doesn't have the votes, not get it, that really undermines the investigation. Meantime, Comer is doing a fine job as it is, and you'd be much better off just letting him continue what he's doing rather than, you know, have a humiliating loss in terms of authorizing the inquiry.

House Speaker Kevin McCarthy announced a formal impeachment inquiry against President Biden, Tuesday. (Getty Images)

The legal expert's observation came ahead of the House speaker's announcement Tuesday that Republicans have "uncovered serious and credible allegations into President Biden's conduct" that will serve as the basis of an impeachment inquiry. 

"Today, I am directing our House committees to open a formal impeachment inquiry into President Joe Biden," McCarthy announced in a statement at the Capitol. "This logical next step will give our committees the full power to gather all the facts and answers for the American public." 

The speaker said House Oversight Committee Chairman James Comer, R-Ky., will lead the inquiry in coordination with House Oversight Committee Chairman Jim Jordan, R-Ohio, and Ways & Means Committee Chairman Jason Smith, R-Mo.

An inquiry is the first step of the impeachment process, where evidence is gathered for the articles, or charges, of impeachment against an official. 

In a statement responding to McCarthy's announcement, White House spokesman for oversight and investigations Ian Sams blasted the effort as politically motivated.

"House Republicans have been investigating the President for 9 months, and they've turned up no evidence of wrongdoing. His own GOP members have said so. He vowed to hold a vote to open impeachment, now he flip flopped because he doesn't have support. Extreme politics at its worst," Sams wrote on X, formerly Twitter.

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Fox News' Chris Pandolfo and Elizabeth Elkind contributed to this report.