Calls are growing louder among Republicans for an investigation into Barack Obama’s role in the Russia collusion hoax—but one prominent Fox News legal analyst is throwing cold water on the idea, branding a special counsel probe “a waste of time.”
Andy McCarthy, a former federal prosecutor and a frequent face on Fox News, told America’s Newsroom host Brian Hemmer Friday morning that efforts to investigate Obama over alleged 2016 election meddling are politically and legally “dead on arrival.”
His remarks come just 24 hours after GOP heavyweights Sen. John Cornyn (R-TX) and Sen. Lindsey Graham (R-SC) formally urged Attorney General Pam Bondi to appoint a special counsel. The senators say a new trove of declassified documents released by Director of National Intelligence Tulsi Gabbard reveals “explosive” evidence of a covert operation by Obama-era intelligence officials to undermine President Trump before and after the 2016 election.
“This was a coup attempt, plain and simple,” Gabbard said during a press briefing Wednesday. “The American people deserve the full truth about what Obama and his team were doing behind closed doors.”
The report Gabbard declassified outlines inconsistencies in the 2017 intelligence community assessment about Russian interference—raising questions about whether Obama officials inflated the threat to justify surveillance of Trump’s campaign.
Despite the revelations, McCarthy says there are three major roadblocks to a formal investigation—and each one comes from legal precedents set during the left’s failed prosecution of President Trump.
McCarthy pointed to the collapse of the classified documents case in Florida earlier this year, where Trump’s legal team successfully argued that the DOJ’s method of appointing special counsels violated the Constitution. The judge sided with Trump, and the case was tossed.
“If you bring in a special counsel now, you’re walking right back into the same legal buzzsaw,” McCarthy said.
The Supreme Court’s historic 2024 ruling confirmed that presidents have immunity from criminal prosecution for official acts taken while in office. That decision, which ultimately shut down the January 6 charges against Trump, would likely apply to Obama as well.
“Obviously, that would apply to Obama, too,” McCarthy admitted, adding that the ruling has made prosecuting any former president far more difficult.
President Trump himself commented on the irony Friday morning, telling reporters, “Obama owes me big for that one.”
McCarthy also noted that the standard for appointing a special counsel requires a conflict of interest between the Department of Justice and the subject under investigation. “That’s not the case here,” he said. “The DOJ has no problem investigating Obama if the facts warrant it. But so far, they haven’t shown they will.”
Even as McCarthy urges caution, Trump allies insist the public deserves accountability.
“This is bigger than Watergate,” said Rep. Marjorie Taylor Greene (R-GA), who is leading a House Oversight subcommittee probing intelligence community overreach. “The American people were lied to for years. If Obama played a part in that, there must be consequences.”
Some in conservative media are echoing the sentiment. “If Trump’s phone calls can launch a special counsel, why not Obama’s entire intelligence apparatus?” radio host Mark Levin asked Thursday night.
As for President Trump, he’s keeping his cards close to the chest—for now. But when asked about Obama’s alleged involvement in orchestrating the Russia narrative, he offered a knowing smile.
“A very, very serious thing,” Trump said. “We’ll see what happens.”
Tulsi Gabbard, who was appointed by Trump to lead the nation’s intelligence agencies last year, declassified a once-secret House report examining the origins of the Russia investigation. The findings suggest top Obama-era officials—including then-CIA Director John Brennan and FBI Director James Comey—pushed forward with surveillance operations despite weak or misleading evidence.
“This wasn’t about Russia. It was about Trump,” Gabbard said. “And it went straight to the top.”
As the debate rages in Washington, the American public is left asking: If this wasn’t treason, what was it?
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Politics as usual are dirty! A special counsel on Obama will definitely will bring more dirt out ! Let us wait and see what happens!
David.
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Fox Legal Analyst Calls Obama Special Counsel ‘a Waste of Time’ 83million voters agree… Lets go straight to Military firing squad!
I doubt VERY SERIOUSLY that Presidential immunity would cover treason or sedition.
He admitted he was not born in the United States, he came to destroy our way of life. Actually what is done is done and outside of the presidential cabinet, I do not believe an investigation will merit the time and money involved! Trust is not yet visualized in our agencies.