Former Director of National Intelligence Tulsi Gabbard has submitted criminal referrals to the Department of Justice seeking investigations into two former government officials central to the initial whistleblower complaint that triggered President Donald Trump’s first impeachment inquiry.
A spokesperson for Gabbard’s office confirmed that the referrals targeted the whistleblower who filed the 2019 complaint and Michael Atkinson, the former Intelligence Community Inspector General who handled the case. Specific criminal allegations were not disclosed, and whether prosecutors will open an investigation remains at the Justice Department’s discretion.
Details of the whistleblower complaint and impeachment
The original whistleblower reported an “urgent concern” involving Trump’s July 2019 phone call with Ukrainian President Volodymyr Zelenskyy. The complaint raised alarm about Trump’s request for Ukraine to investigate former Vice President Joe Biden and criticized the handling of records related to that call. It also highlighted the involvement of then-personal attorney Rudy Giuliani in U.S.-Ukraine relations.
The whistleblower stated that President Trump was “using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” specifically by pressuring Ukraine to investigate a political rival. The House of Representatives impeached Trump in late 2019 on related charges, but the Senate acquitted him in early 2020, mostly along party lines. Trump has consistently denied any misconduct.
Gabbard’s allegations and political response
Gabbard has argued that “deep state actors” within the intelligence community fabricated a false narrative that Congress relied on to justify Trump’s impeachment. She criticized Atkinson for basing his handling of the whistleblower complaint on “second-hand evidence.” However, publicly released documents have not revealed evidence of criminal wrongdoing by the officials involved.
Atkinson was dismissed by Trump in 2020. After his removal, Atkinson defended his actions, stating he served “without regard to partisan favor or political fear.” Neither Atkinson nor the Justice Department have commented on the referral.
Democratic Representative Jim Himes, the top House Intelligence Committee Democrat, condemned the referrals, emphasizing the whistleblower’s courage and the importance of protecting such individuals. He said the criminal referral is unlikely to result in any charges but could discourage future whistleblowers from coming forward.
Why it matters
This development reflects ongoing political and legal disputes stemming from Trump’s first impeachment inquiry, which continues to influence federal investigations and partisan dynamics. Gabbard’s referrals are part of broader efforts by some officials to revisit controversies from Trump’s presidency, including previous filings related to the intelligence community’s review of Russian interference in the 2016 election.
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