Former President Barack Obama is only immune in the Russian interference intelligence case "if there are two things that occurred," says former chief counsel for the Senate Rules Committee, Joseph diGenova.
One is "that this was a core function of the presidency when he designed this conspiracy with the members of the intelligence community. That is not a core function of the presidency. He has presumptive immunity for official acts," diGenova told Newsmax's "The Chris Salcedo Show."
"It is also unclear whether or not ordering a fake intelligence report is an official act. I doubt it. I do not think that he does have immunity," he added.
Obama's office last week issued a rare rebuke of President Donald Trump after Trump accused his predecessor of having committed "treason" and rigging the 2016 and 2020 elections.
"Out of respect for the office of the presidency, our office does not normally dignify the constant nonsense and misinformation flowing out of this White House with a response," Obama spokesperson Patrick Rodenbush said.
"But these claims are outrageous enough to merit one. These bizarre allegations are ridiculous and a weak attempt at distraction."
Director of National Intelligence Tulsi Gabbard this month declassified material she claimed proved a "treasonous conspiracy" by the Obama administration in 2016 to politicize U.S. intelligence in service of casting doubt on the legitimacy of Trump's presidential election victory.
Information from the Associated Press was used in this report.
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Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.