Senator Ted Cruz (R-TX) appeared on Fox News Wednesday night to address the scope of presidential immunity following renewed scrutiny of actions taken by the Obama administration in the final weeks of 2016.

The discussion comes in the wake of claims by Director of National Intelligence Tulsi Gabbard, who released documents suggesting that a December 2016 Presidential Daily Briefing (PDB) may have been deliberately withheld from then-President-elect Donald Trump.

During an appearance on “The Ingraham Angle,” Cruz explained the legal framework surrounding presidential immunity, referencing a recent Supreme Court ruling on the matter.

He noted that presidents are typically shielded from prosecution for actions taken in an official capacity.

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“It is challenging what the Supreme Court has said in the immunity cases. Official decisions are protected by official immunity. So it’s clear, for example, Barack Obama ordered a drone strike on Anwar al‑Awlaki, an American citizen,” Cruz said.

“He cannot be prosecuted for that because that was an official action. That’s what the Supreme Court said. By the way, FDR could not be prosecuted for dropping atom[ic] bombs on Japan. Truman could not be prosecuted.”

Cruz emphasized that the Court has long held that presidential actions taken in an official role fall under this immunity, citing historical examples including Franklin D. Roosevelt’s decision to intern Japanese-Americans during World War II and President Harry Truman’s military actions in Japan.

“There’s a whole host of actions, rather, Truman for dropping atom[ic] bombs, FDR for detaining Japanese citizens. Internment. The point is, official decisions of the president,” Cruz explained.

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Host Laura Ingraham then pressed Cruz on whether the alleged withholding of intelligence about Russian election interference from the incoming Trump administration would qualify as an “official” decision under the Court’s framework.

“Look, there would be an argument about it,” Cruz said.

“I’ll tell you. He’s not going to be prosecuted in all likelihood for treason. But where the criminal liability will start is with members of the Obama administration who went under oath before Congress and lied. Flat out lied. We know Jim Clapper has lied repeatedly. And that will be the beginning of the investigation. Also, fabricating evidence”

Cruz’s remarks follow public claims by Director Gabbard that the Obama administration manipulated intelligence assessments in the weeks following Trump’s 2016 victory.

On Wednesday, Gabbard confirmed that she referred Obama to the Department of Justice for potential prosecution over what she characterized as a deliberate attempt to withhold contradictory intelligence findings about Russia’s role in the election.

The day prior, President Donald Trump held a press conference in the Oval Office where he echoed those allegations and called on the DOJ to investigate Obama, accusing the former president of “treason.”

Former President Obama’s office responded to the claims through spokesperson Patrick Rodenbush, who issued a rare public statement on Tuesday.

“Out of respect for the office of the presidency, our office does not normally dignify the constant nonsense and misinformation flowing out of this White House with a response,” Rodenbush stated.

“But these claims are outrageous enough to merit one. These bizarre allegations are ridiculous and a weak attempt at distraction.”

The release of the documents by Gabbard and the subsequent reactions have intensified debate over presidential accountability and the limits of immunity for current and former presidents.

While Cruz indicated that prosecution of Obama himself is unlikely, he noted that others within the former administration could face legal scrutiny if they are found to have knowingly misled Congress under oath.

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