President Donald Trump and his administration officials have repeatedly suggested, with no basis, that former President Barack Obama committed a crime in pursuing an investigation of Russian interference into the 2016 presidential election — but even Trump has acknowledged that Obama probably can't be charged with anything because of Trump's own Supreme Court case establishing presidents have a presumption of criminal immunity for "official acts" carried out in office.
However, Sen. Eric Schmitt (R-MO) isn't quite willing to concede that just yet, explaining on the right-wing Chris Salcedo Show his own legal theory of how Obama could be prosecuted anyway.
"I have an op-ed out, actually, today, for articulating the path to indictments here," said Schmitt, a former state attorney general. "That's what has to happen. There has to be justice served here. And, you know, Obama might be able to survive, ironically, because of the presidential immunity case that President Trump won a year ago, at least while he was in office. Now, I don't know if he took actions when he was out of office or not that further the conspiracy or not."
"Some of the statute of limitations might have expired, but a conspiracy that is ongoing takes you out of those limitations," he added. "So Clapper, Comey, Brennan in particular, I think this is the route forward and I think there should be indictments."
President Donald Trump's Director of National Intelligence has previously laid out that she thinks Obama may have committed "treason" as part of the investigation that determined Russian operatives interfered in the 2016 election on behalf of Trump — a finding that has been extensively corroborated in documents, testimony, and Trump's own public actions, even as he has for years falsely tried to claim that Russian interference was a "hoax."
The actual theory of what crime was committed is unclear even on right-wing media; Gabbard has suggested Obama intervened directly to override the assessment of intelligence agencies about the extent of Russia's actions, but analysts have noted that's not actually what he did.
Watch the video below or at the link here.