Tom Fitton says “Obama must be prosecuted” if Donald Trump is prosecuted

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From the February 6, 2024, edition of The Benny Show, streamed on YouTube

BENNY JOHNSON (HOST): Moving up to Washington DC, it seems like there are major collapses happening in these Trump cases in real time. Can you weigh in on what happened in the appeals court in DC today with Donald Trump and presidential immunity?

TOM FITTON (GUEST): Well, the DC court has been compromised by anti-Trump animus. Right? And one of the way -- and as a result of that, they're blowing up our constitutional system by undermining the president's civil liberties -- President Trump's civil liberties -- and the structure of our government, meaning the privileges that attend to a president being president. And they wanna charge President Trump with crimes that he committed, arguably in the conduct of his office. And the argument that President Trump is making, well, that means no president is gonna be able to operate independently, and they're gonna be worried about being charged as soon as they leave office because the next president disagrees with their policy choices.

JOHNSON: Yes.

FITTON: And so, guess how that argument worked out for him with the anti-Trump courts? They said no. And they -- today, again, they said no. Judge Chutkan had said, no, you could be prosecuted for anything you did as a president if the DOJ wants to throw you in jail. It doesn't matter if you were doing it in the course of your duties and responsibilities as president. And the left-wing appellate court upheld that decision. So the question is, is President Trump gonna seek a full review of the appeals court, or will he go straight to the Supreme Court? I suspect he'll seek a full review. But it highlights that this anti-Trump court is now willing to set up rules thinking it will only apply to Trump. But under their theory of the case, we can prosecute Obama for fast and furious, for assassinating that US citizen abroad, the terrorist Anwar al-Awlaki. For targeting Trump, well, he can be prosecuted. So all bets are off in that regard. And if Trump -- and as we say in this tweet here -- if Trump can be prosecuted, it's not -- so can Obama -- Obama must be prosecuted because if those are gonna be the new rules, they need to be applied forthwith.