Former President Barack Obama is only immune in the Russian interference intelligence case “if there are two things that occurred,” says former chief counsel for the Senate Rules Committee, Joseph diGenova.

One is “that this was a core function of the presidency when he designed this conspiracy with the members of the intelligence community. That is not a core function of the presidency. He has presumptive immunity for official acts,” diGenova told Newsmax’s “The Chris Salcedo Show.”

“It is also unclear whether or not ordering a fake intelligence report is an official act. I doubt it. I do not think that he does have immunity,” he added.

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