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OPINION

Will Barack Walk or Do the Time?

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
AP Photo/J. Scott Applewhite

Where do you think the DOJ’s grand jury investigation of the Russian Hoax conspiracy is going to leave Barack Hussein Obama?

If the conspiracy — allegedly carried out by many individuals pursuant to direct orders handed down by Barack — is found by the grand jury to constitute treason, then the former President of the United States — i.e., Barack — probably does notand should not, have immunity from prosecution.

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While the Constitution allows for impeachment and removal from office for treason, bribery, or other high crimes and misdemeanors, it does not grant immunity from criminal prosecution for treason after a president leaves office. This could leave Barack open to prosecution for that crime for any act in furtherance of the conspiracy that he may be found to have committed after January 20, 2017.

Then we next turn to whether a statute of limitations will save him from a conviction for treason?

No.

First, there is no statute of limitations for treason under U.S. law.

This means that any person can be prosecuted for treason at any time, regardless of how long ago the act was committed. Moreover, even if a statute of limitations were to apply to conspiracy charges under 18 U.S.C. § 371, the statute of limitations clock typically starts from the date of the last overt act committed in furtherance of the conspiracy. If prosecution for a conspiracy is initiated within five years of that last act, the charge is still valid. In other words, the statute doesn’t expire until the final act furthering the conspiracy is completed.

Given the conspiracy that Tulsi Gabbard and others are in the process of exposing to the public, it's arguable that the last overt act has not yet occurred. For instance, recent fraudulent testimony before Congress — offered in furtherance of the conspiracy by individuals currently subject to committee subpoenas — could toll the statute of limitations for all co-conspirators. In simpler terms, if one or more co-conspirators committed perjury in an effort to conceal the “Russian Hoax” conspiracy, that act could effectively reset the statute of limitations clock for prosecution, even for a conspiracy that originally began back in 2016.

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Now consider the statement issued by Barack’s spokesperson, Patrick Rodenbush, on July 22, 2025 — a denial we must assume was authorized by Obama himself — in response to President Trump’s allegation that Obama had committed treason. That statement included the following unequivocal dismissal:

“These bizarre allegations are ridiculous and a weak attempt at distraction…”

This raises the question: should this denial be considered an act in furtherance of the conspiracy that began when Obama gathered top National Security Council principals for a meeting on December 9, 2016? A meeting that reportedly included known co-conspirators — James Clapper, John Brennan, Susan Rice, John Kerry, Loretta Lynch, Andrew McCabe, among others — during which Obama is said to have directed the members of this gathering to do whatever was necessary to alter (i.e., falsify) intelligence reports regarding Russia’s involvement in the 2016 election to smear Donald Trump.

All of which may lead some — e.g. like us at The American Landscape — to believe that Barack may be having trouble sleeping these days — and rightfully so. Neither presidential immunity nor any statutes of limitations seem to be leaning in his favor.

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Just saying...

Cliff Nichols is an attorney, the author of A Barrister’s Talesthe drafter of The Declaration of Liberty and the curator of The American Landscape

 

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