So right off the bat, what is the specific allegations against Obama you would like to discuss. Gabbard says Obama Obama in the headlines, but the report, of which what has been released doesn't say much that would lead to any criminal charges, speaks to officials in the administration.
Once you establish in your hypothetical specifically what is being alleged by Obama that may be a criminal offense in usual circumstance, we can then look specifically to the opinion given in the presidential immunity case, and try to answer your hypothetical from there.