Hillary Clinton could be impeached if she’s elected president, Texas Rep. Mike McCaul said Wednesday.
“This investigation will continue whether she wins or not,” the Republican lawmaker told Fox News. “But assuming she wins and the investigation comes forward and it looks like an indictment is pending, at that point in time under the Constitution, the House of Representatives would engage in an impeachment trial. It would go to the Senate and impeachment proceedings and removal would take place.”
McCaul, who chairs the House’s Homeland Security Committee, was seizing on the letter FBI Director James Comey sent to congressional leaders Friday informing them that the bureau would be reviewing additional emails related to its investigation into Clinton’s private server as secretary of state.
And he echoed Sen. Ron Johnson (R-Wis.), who told a local newspaper Tuesday that Clinton could be impeached for “willful concealment and destruction” if she’s elected president next week.
Though Johnson could lose the election or his role as Homeland Security chairman if the GOP loses the Senate, McCaul’s spot in the House is safe, and he may become one of the most prominent political figures over the next two years as he weighs a primary challenge to Texas Sen. Ted Cruz.
In his interview, McCaul criticized Clinton for “running around saying she’s been cleared and the investigation is over when in fact that is not a correct statement” and suggested that her presidency could create a “constitutional crisis.”
“There is now new evidence reopening the case, and evidence that could be quite damaging,” McCaul said, though Comey and other law enforcement officials haven’t said the FBI is actually “reopening” its investigation. “Remember, to get a search warrant you have to have probable cause. And they had probable cause to get a search warrant for these emails on Huma Abedin’s laptop.”
Indeed, the FBI obtained a warrant to search the laptop of disgraced former Rep. Anthony Weiner, the estranged husband of Abedin, who is one of Clinton’s top aides.
“If we see an email that says, ‘I know that’s classified but send it anyway,’ that would be the kind of smoking gun the FBI is looking for,” McCaul said. “That, then, I think would be the grounds for an indictment. I’ve said all along, this should have gone before a grand jury to take the politics out of this. This would not be a unique case to go before a grand jury, as I’ve done many times in the past. For whatever reason, they chose not to do that. I think there’s ample evidence with the probable cause to get the search warrant now to go before the grand jury and present this new evidence.”