David Schoen, the veteran trial attorney who defended President Donald Trump during his second impeachment trial, outlined how former President Barack Obama could potentially face criminal charges related to the Russian collusion hoax. Obama was named as a conspirator in a declassified memo released by Director of National Intelligence Tulsi Gabbard, which detailed how the collusion narrative was allegedly fabricated under false pretenses. Although the Justice Department received a formal referral naming Obama, presidential immunity remains a key legal barrier.

Last year’s Supreme Court ruling affirmed that former presidents are immune from prosecution for official acts performed while in office, which may shield Obama from criminal liability. Trump recently said, “He’s done criminal acts, there’s no question about it. But he has immunity, and it probably helps him a lot… he owes me big, Obama owes me big.”

However, during a Newsmax interview, Schoen suggested criminal charges could still be brought against Obama despite the immunity ruling. He explained that, according to House managers in Trump’s second impeachment trial, a former president remains subject to impeachment after leaving office. This could potentially strip Obama of immunity under Article I, Section 3, Clause 7 of the Constitution, which bars one from holding further office and allows for criminal prosecution.

Schoen also discussed possible charges against former Obama officials, including ex-CIA Director John Brennan, for approving a document that alleged Russian interference in the 2016 election to benefit Trump—even while possessing evidence that contradicted the claim.

The evolving legal debate centers on whether former presidents can be held accountable for actions taken while in office, and Schoen’s comments highlight potential avenues for investigation and prosecution despite existing immunity protections.