Legal experts are cautioning that prosecuting former President Barack Obama may prove difficult for Donald Trump, despite Trump’s recent accusation of treason. Their concerns are rooted in the 2024 U.S. Supreme Court ruling in Trump v. United States, which broadened presidential immunity to include all “official acts” taken during a president’s time in office. This ruling now presents a significant legal hurdle for any effort to charge a former president for decisions made while serving.
The renewed accusations against Obama follow claims by Director of National Intelligence Tulsi Gabbard, who alleges that Obama and his senior intelligence officials “manufactured and politicized intelligence” to create a narrative that Trump colluded with Russia. Gabbard has announced plans to submit a formal criminal referral to the Department of Justice and the FBI, arguing that this manipulation amounted to a “years-long coup” against the Trump administration.
Fox News legal analyst Greg Jarrett weighed in on the legal implications, noting that the same court precedent Trump championed may now work in Obama’s favor. “Barack Obama should be thanking Donald Trump,” Jarrett said during an appearance with Rep. Jim Jordan on Hannity, highlighting the irony of the situation given the expanded protections for former presidents.
Gabbard recently declassified a 2020 House Intelligence Committee report that accused then-CIA Director John Brennan of advocating for the inclusion of the discredited Steele dossier in the 2017 Intelligence Community Assessment (ICA). The report described the ICA as hastily compiled and based on questionable intelligence, despite internal warnings about its credibility.
The committee concluded that the Obama administration ignored these internal objections and selectively cited unverified intelligence to support claims that Vladimir Putin favored Trump over Hillary Clinton. While the revelations may deepen political divisions, legal analysts warn that the Supreme Court’s immunity ruling may ultimately insulate Obama from prosecution.
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