opinion that Obama can, in fact, be indicted. It all depends on whether I am acting in my official capacity or not. If I am, I cannot be indicted. You can’t prosecute me just because you don’t agree with my official actions.
But if I am entering into a criminal activity or conspiracy, that is absolutely not part of my official duties, and I do not have indemnity for those acts that are outside of my official duties.
The case Solomon is referring to, Trump v. United States (2024), was, of course, extremely consequential, but also widely misunderstood. Democrats branded the ruling as the Supreme Court granting “blanket immunity” for presidents, but that’s not what it does at all. While the Court recognized a degree of immunity for official acts of the presidency, it drew a sharp line between what a president does in his constitutional role and what he does as a private individual or political actor.
And that sounds correct. That is, in fact, the case in many other government positions. I could not be prosecuted for voting against a particular bill, but I certainly could be prosecuted for driving drunk. And I doubt it would be a viable defense against criminal activities to argue that I cannot be prosecuted because of my government position. “Do you know who I am?” Is not actually a very good defense…
Now, whether the prosecution of a former president is good for the country or not is a totally different question, and one that should be addressed. But it is not the question of whether the president can be indicted or not–it is very clear that he or she can.
The Court explicitly left the door open for criminal charges—even against sitting or former presidents—if the conduct in question was personal, political, or unrelated to the legitimate functions of the presidency. And, let’s be honest: What Barack Obama did during the Russian collusion hoax wasn’t just political—it was a calculated abuse of power far outside the bounds of his official role.
… So obviously, the evidence suggests Obama is not innocent. The only real question now is whether he’ll ever be held accountable—or if the system will once again protect one of its own. That’s an entirely different question.