Can Trump Prosecute Obama for Treason? Here’s the Truth
Tensions Between Two Presidents Resurface
While it’s no secret that Barack Obama and Donald Trump have clashed in the past, their disagreements had remained relatively civil—until now.
On July 20, Trump stirred fresh controversy by sharing an AI-generated video of Obama being arrested.
The post came just days after Tulsi Gabbard, now the U.S. Director of National Intelligence, publicly accused Obama of engaging in a “treasonous conspiracy” to undermine Trump’s 2016 victory.
Gabbard’s Explosive Accusation
Speaking on July 18, Gabbard claimed:
“Over 100 documents released on Friday detail how this treasonous conspiracy was directed by President Obama just weeks before leaving office, after Trump had already been elected.”
According to her, the Obama administration manipulated intelligence about Russian interference in the 2016 election—an interference that, per the administration, ultimately failed.
She later released a formerly classified report, which she says exposes the “egregious weaponization” of intelligence agencies.
Gabbard insists the documents prove that Obama and other officials knowingly created a false narrative.
Could Obama Be Prosecuted?
In short: no.
The U.S. Supreme Court recently clarified that a president cannot be criminally prosecuted for official actions carried out while in office.
This ruling stemmed from Trump’s own 2023 indictment related to his actions after the 2020 election. The case pushed the Court to define the limits of presidential immunity.
Their decision stated:
“A former president is entitled to absolute immunity from prosecution for actions within his constitutional authority, and at least presumptive immunity for all official acts.”
So, unless prosecutors can prove that Obama acted in an unofficial capacity, criminal charges are off the table.
Obama’s Rare Response
Despite usually ignoring political noise, Obama’s team broke its silence.
Spokesperson Patrick Rodenbush issued a strong statement:
“Out of respect for the office of the presidency, we don’t usually respond to nonsense from this White House. But these claims are outrageous enough to merit one.”
He called the accusations “bizarre” and a “weak attempt at distraction.”
“Nothing in the documents Gabbard released undermines the widely accepted conclusion that Russia tried to influence the 2016 election—but failed to change any actual votes,” Rodenbush added.
Final Word
While the accusations are explosive, legal experts agree that Obama is protected by presidential immunity.
Unless undeniable proof emerges that he acted outside his official role, no criminal case can proceed.
In the meantime, the political drama continues—both online and off.