Former federal prosecutor Andy McCarthy suggested former President Barack Obama is "complicit up to his neck" in the infamous "Russiagate" scandal brought forth by DNI Tulsi Gabbard last week, but Republicans anticipating a prosecution shouldn't hold their breath."The scandal here... is they had a legitimate reason to investigate Russia's meddling in the election and what they did was they used that as a pretext to basically investigate Trump to spy on his presidency and to try to make him an ineffective president," McCarthy told "Fox & Friends" on Thursday."That's why it's a terrible political dirty trick," he continued. "The issue again is… is it prosecutable? And I just don't see it."OBAMA OFFICIALS ADMITTED THEY HAD NO 'EMPIRICAL EVIDENCE' OF TRUMP-RUSSIA COLLUSION: HOUSE INTEL TRANSCRIPTSMcCarthy, a Fox News contributor who formerly served as an Assistant United States Attorney for the Southern District of New York, pointed to President Donald Trump's prior insistence that presidents have "complete immunity from prosecution" for actions executed while in office.He also noted that Obama's alleged wrongdoings took place nine years ago, beyond the statute of limitations on federal crimes, which is generally five years.Gabbard recently declassified a blitz of documents she claims provide "overwhelming evidence" implicating the 44th president and members of the intelligence community in what she described as a "years-long coup" to undermine President Donald Trump following his 2016 election victory over former Secretary of State Hillary Clinton.FBI LAUNCHES CRIMINAL INVESTIGATIONS OF JOHN BRENNAN, JAMES COMEY: DOJ SOURCES"Treason" and "conspiracy" accusations quickly followed from conservatives, who continue to accuse Obama and affiliates of politicizing intelligence assessments.Gabbard, on Monday, sent a criminal referral to the Justice Department related to her findings.Obama spokesperson Patrick Rodenbush pushed back on the Trump administration's claims in a rare statement this week, writing, "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, but these claims are outrageous enough to merit one. "These bizarre allegations are ridiculous and a weak attempt at distraction," Obama's spokesman continued. "Nothing in the document issued last week undercuts the widely accepted conclusion that Russia worked to influence the 2016 presidential election but did not successfully manipulate any votes." He added: "These findings were affirmed in a 2020 report by the bipartisan Senate Intelligence Committee, led by then-Chairman Marco Rubio." Fox News' Brooke Singman contributed to this report.