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 for his involvement in 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 in connection with the case, the issue of 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 said last week: “It probably helps him a lot. Probably helps a lot. The immunity ruling, but it doesn’t help the people around him at all. But it probably helps him a lot,” Trump said of his initial predecessor on Friday. “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 recent appearance on Newsmax, Schoen outlined a scenario in which criminal charges could still be brought against the former president despite the immunity ruling.
“According to the Democratic Party and the House managers in the second impeachment trial, a former president once out of office is still subject to impeachment. In other words, they’ve argued Lincoln could be impeached, George Washington impeached. And certainly, as I predicted at the time, this would come back, they would rue the day because President Obama could be impeached if this evidence really says what it says,” Schoen explained.
“And that it could also strip him of the immunity because under Article I, Section 3, Clause 7 of the Constitution, the Democrats argued it bars one from holding further office and the language itself says you’re still subject to criminal prosecution or indictment. So we’ll see how that plays out,” he said.
Schoen also outlined potential criminal charges that could be brought 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—despite possessing evidence that contradicted that claim.
