Former federal prosecutor Andy McCarthy said Thursday that President Barack Obama bears deep responsibility for the origins of the Trump-Russia investigation, calling him “complicit up to his neck,” following new revelations released last week by Director of National Intelligence Tulsi Gabbard. However, McCarthy warned Republicans not to expect criminal charges.
“The scandal here… is that while there was a legitimate reason to probe Russian interference in the 2016 election, they exploited that as a cover to target President Trump — to spy on his campaign and undermine his presidency,” McCarthy said on Fox & Friends. “That’s why this was such a brazen political dirty trick.”
But McCarthy added: “The real question is whether it’s prosecutable — and I just don’t see it.”
Gabbard Declassifies Documents Pointing to Obama’s Involvement
The comments come in the wake of a sweeping declassification effort by DNI Gabbard, who released documents she says reveal “overwhelming evidence” that Obama and senior intelligence officials orchestrated a “years-long coup” effort to derail President Donald Trump’s administration after his upset victory over Hillary Clinton in 2016.
Among the revelations: Obama-era officials reportedly admitted under oath they had “no empirical evidence” of Trump-Russia collusion — despite driving the narrative in public.
McCarthy, a former Assistant U.S. Attorney and Fox News contributor, pointed out that even if wrongdoing occurred, legal accountability is unlikely. The five-year statute of limitations for most federal crimes has already passed, and any actions Obama took while in office would be shielded under long-held presidential immunity norms — ironically something President Trump himself has previously asserted.
Accusations of Treason, DOJ Referral
Gabbard, who has been sharply critical of the intelligence community since becoming DNI, sent a criminal referral to the Justice Department earlier this week, urging prosecution of those involved.
Conservatives responded swiftly, accusing the Obama administration of manipulating intelligence and politicizing the FBI and CIA to create a false narrative around Russian collusion.
“Treason” and “conspiracy” became trending buzzwords on social media, as pressure builds on the DOJ to act.
Obama Office Responds
In a rare public rebuttal, Obama spokesman Patrick Rodenbush issued a statement dismissing the claims from the Trump administration and Gabbard.
“Out of respect for the office of the presidency, our office does not normally respond to the nonstop stream of nonsense and misinformation coming from this White House,” the statement read. “But these latest accusations are outrageous enough to deserve a reply.”
Rodenbush continued: “These bizarre claims are absurd and clearly designed to distract from real issues. Nothing in the documents released last week undermines the well-documented conclusion that Russia attempted to interfere in the 2016 election — a conclusion supported by the bipartisan Senate Intelligence Committee report in 2020, led by then-Chairman Marco Rubio.”
Despite the war of words, legal experts agree with McCarthy: any path to prosecution would face serious legal and constitutional hurdles, even as the political fallout continues to mount.
