Texas Republican Sen. Ted Cruz appeared on Fox News Wednesday to address the immunity of former President Barack Obama in light of recent discussions about presidential accountability.

Director of National Intelligence Tulsi Gabbard revealed documents showing that the Obama administration may have withheld a December 2016 Presidential Daily Briefing to prevent then-President-elect Donald Trump from seeing evidence that Russia did not interfere in the election. During an appearance on “The Ingraham Angle,” Cruz disagreed with the notion that Obama — or any president for that matter — has absolute immunity from legal consequences.

“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.”

While acknowledging the Supreme Court’s position on official immunity, which shields presidents from prosecution for actions taken in their official capacity, Cruz said this immunity is not limitless.

WATCH:

“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 said. (RELATED: Tulsi Gabbard Says Obama And ‘Propaganda Media’ Deflect From One Important Fact On Russia Collusion Narrative)

Host Laura Ingraham asked if what Obama allegedly did was an official decision.

“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.”

Gabbard said Wednesday that she had referred Obama to the Justice Department for potential prosecution. A day earlier, Trump urged the Department of Justice to pursue Obama, accusing him of “treason” during a press conference in the Oval Office.

In response, Obama spokesman Patrick Rodenbush issued a rare statement Tuesday, calling the accusations absurd and politically motivated.

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

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.