Former prosecutor explains why Obama's 'terrible political dirty trick' isn't likely to be prosecuted
McCarthy points to statute of limitations and presidential immunity claims as barriers to prosecution despite newly-declassified documents
By Taylor Penley Fox News
Published July 24, 2025 3:00pm EDT
Former federal prosecutor Andy McCarthy suggested former President Barack Obama is "complicit up to his neck" in the infamous "Russiagate" scandal brought forth by DNI Tulsi Gabbard last week, but Republicans anticipating a prosecution shouldn't hold their breath.
"The scandal here... is they had a legitimate reason to investigate Russia's meddling in the election and what they did was they used that as a pretext to basically investigate Trump to spy on his presidency and to try to make him an ineffective president," McCarthy told "Fox & Friends" on Thursday.
"That's why it's a terrible political dirty trick," he continued. "The issue again is… is it prosecutable? And I just don't see it."
McCarthy, a Fox News contributor who formerly served as an Assistant United States Attorney for the Southern District of New York, pointed to President Donald Trump's prior insistence that presidents have "complete immunity from prosecution" for actions executed while in office.
He also noted that Obama's alleged wrongdoings took place nine years ago, beyond the statute of limitations on federal crimes, which is generally five years.
Gabbard recently declassified a blitz of documents she claims provide "overwhelming evidence" implicating the 44th president and members of the intelligence community in what she described as a "years-long coup" to undermine President Donald Trump following his 2016 election victory over former Secretary of State Hillary Clinton.
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