Obama Faces Renewed Political and Legal Scrutiny — But What Is Actually Happening?

A dramatic viral thumbnail declares that Barack Obama has received the “worst news of his career” and says the situation is “all his fault.” The underlying story appears to refer to a continuing Justice Department investigation involving former Obama administration officials.

 

 

 

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There has indeed been a significant development in the investigation. On September 29, Reuters reported that Kurt Olsen, a former White House election-security official and Justice Department lawyer, had resigned from the Florida-based investigation. His departure followed the September resignation of prosecutor Joseph diGenova.

The investigation concerns allegations that federal law-enforcement and intelligence officials improperly targeted Donald Trump through investigations beginning with the 2016 Russia inquiry and continuing into the classified-documents investigation after Trump's presidency.

The Justice Department's investigation is examining actions by former Obama- and Biden-era officials. However, that does not mean that Barack Obama himself has been charged, indicted, arrested, or formally accused in court of a crime.

 

 

 

One of the most prominent figures involved is former CIA Director John Brennan, who served under Obama. Brennan has received a subpoena to testify before a federal grand jury in Florida, according to court filings and reporting by The Washington Post.

Brennan's attorney has said Brennan remains a target of at least one portion of the investigation. Brennan has denied wrongdoing, while his lawyer has characterized the prosecution's theory as unfounded. Those are competing positions in an ongoing investigation, not judicial findings.

The investigation's theory is considerably broader than one individual. Prosecutors are examining whether officials involved in intelligence and law-enforcement investigations of Trump improperly acted together to violate his civil rights.

The inquiry includes the Obama administration's handling of intelligence concerning Russian interference in the 2016 election. It also examines later investigations involving Trump's retention of classified documents.

 

 

 

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The Russia investigation itself is a particularly contested part of the story. Supporters of the current DOJ investigation argue that earlier officials abused intelligence and investigative powers, while critics dispute the premise of a coordinated conspiracy.

Previous federal investigations into Russian interference reached different conclusions from the allegations now being examined. The 2019 Mueller investigation, for example, concluded that Russia interfered in the 2016 election but did not establish that the Trump campaign conspired or coordinated with the Russian government.

The current Justice Department investigation is therefore examining whether officials' conduct surrounding those investigations amounted to something criminal. That question remains unresolved.

Meanwhile, the investigation has experienced unusual personnel changes. Joseph diGenova, whom Attorney General Todd Blanche had selected to oversee the inquiry, resigned in September. CBS reported that he declined to explain the reason for his departure.

 

 

 

Kurt Olsen subsequently became involved in the investigation but has now also departed, according to Reuters and The Washington Post. The reasons reported for his departure differ, with accounts citing disagreements over the investigation's pace and other internal issues.

The Justice Department has maintained that the investigation is continuing. Washington Post reporting said active grand-jury proceedings remain underway, including testimony sought from Brennan and former FBI personnel connected to the Mar-a-Lago investigation.

These developments help explain why Obama's name is again appearing prominently in political commentary. But there is an important distinction between an investigation of former officials who served under a president and a criminal case against that president.

As of September 29, there is no verified report that Barack Obama has been indicted or charged as part of the Florida investigation. The available reporting instead identifies other former officials as subjects or targets of investigative activity.

 

 

 

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Obama himself has remained publicly active. Earlier this month, he spoke privately with Democratic leaders and donors about artificial-intelligence policy, urging the party to develop a framework addressing AI safety, employment, and other consequences.

On September 24, Axios also reported comments from Obama arguing that traditional forms of corruption in the federal government have declined substantially compared with earlier periods, while acknowledging that public perceptions of corruption are different.

The viral headline's assertion that this is the “worst news of his career” is therefore an interpretation rather than an established fact. The recent developments are serious in the sense that federal prosecutors are continuing an investigation involving former members of his administration, but their ultimate legal significance remains unknown.

Likewise, saying the situation is “all his fault” goes beyond what the documented evidence establishes. The investigation concerns specific conduct by particular officials, and determining individual criminal responsibility requires evidence and, ultimately, legal proceedings.

The most consequential immediate development is the investigation's continued use of grand-jury subpoenas despite the departure of multiple prosecutors. That could produce further testimony or investigative findings, but it does not itself establish criminal liability.