“The fact that we have many high crimes and misdemeanors over five and a half years is pretty straightforward,” he said. “You have failures to enforce the law, failures to execute the laws faithfully, massive fraud, abuse of process, the list goes on.”
The legal case can be easily made, he said, but getting two-thirds of the Senate to remove him from office is much more difficult.
“You can have a thousand provable, impeachable offenses, but if there’s not a strong public will that the president needs to be removed from power, it becomes a nonstarter,” he added.
McCarthy laid out his case in a new book entitled, “Faithless Execution: Building the Political Case for Obama’s Impeachment." The problem, he told Burguiere, is that the administration can continue acting in a "lawless" manner even though the book is finished.
“The problem with writing a book about lawlessness in the Obama administration is that the writer has to stop writing at some point, whereas the administration keeps rolling along,” he explained. “It was almost inevitable, given the pace that they’re at, that there would be some instance of lawlessness that wouldn’t be covered in the book.”
One recent example, he added, is Obama's release of five top Taliban commanders -- two of whom are wanted by the U.N. for war crimes -- in exchange for Bowe Bergdahl, the soldier who spent five years with the Taliban after leaving his post in Afghanistan.
“You have him, the commander in chief … returning to the enemy in wartime — while the enemy is still shooting at our men and women in the field and trying to blow them up — five of their most experienced, most capable, most implacably anti-American commanders,” he said. “It’s about as shocking a dereliction of duty you can get, short of not at all coming to the rescue of people in Benghazi when he knew they were under terrorist siege.”
The American people, he added, have to begin making the case on Obama's “lawlessness, why it’s important, why it threatens our liberties, and the fact that the Constitution only has a couple of ways to really deal with [it]: the power of the purse and impeachment.”
McCarthy is not the first to suggest Obama's impeachment -- only the latest.
In January, Rep. Steve Stockman, R-Texas, said he was considering articles of impeachment against Obama for promising to overstep his Constitutional authority in his most recent State of the Union speech, accusing the president of wanting to "eliminate our constitutional republic."
"Obama defiantly vowed not only to radically expand the reach of government from cradle to grave, but to smash the Constitution’s restrictions on government power while doing it," he said.
During the 2014 State of the Union speech, Obama said he would use his executive power to bypass Congress "wherever and whenever" he can. He has made that threat in many speeches since, telling the country he would use his pen and his phone to unilaterally advance his agenda.
A month later, Judge Andrew Napolitano said impeachment is the only way to stop the president's executive actions.
"The president is doing the opposite of what he was elected to do," Napolitano said. "At some point he is totally frustrating what Congress has written."
Although a number of Republicans and at least one Democrat have called for impeachment, Napolitano said that as a whole, neither Congress nor the American people have the stomach to see it through. Another problem is the current makeup of the Senate. Even if Obama were impeached by the House, a Senate controlled by Harry Reid's Democrats would never vote to convict or remove him from office.
McCarthy said that if Congress won't use the power of the purse, impeachment "is what we’re down to.”