Director of National Intelligence Tulsi Gabbard has requested that the Justice Department investigate two former government officials who were central to the 2019 impeachment inquiry of President Donald Trump. A spokesperson for Gabbard’s office confirmed that she drafted criminal referrals over Trump’s 2019 impeachment, targeting a former intelligence community watchdog and a whistleblower to the Justice Department.
The referrals follow the release of a trove of declassified documents by the Office of the Director of National Intelligence (ODNI). Gabbard has characterized these documents as evidence of a “conspiracy used by Congress to impeach President Trump,” alleging that the process was built on biased evidence and a lack of firsthand accounts and a failure to follow policy.
One of the primary targets of the referral is Michael Atkinson, who served as the inspector general of the intelligence community from 2018 to 2020. According to documents released by Gabbard, the ODNI found that Atkinson did not follow proper procedure before forwarding the 2019 whistleblower complaint to Congress and ignored evidence suggesting the whistleblower was biased.
The second referral targets the unnamed whistleblower who originally reported an “urgent concern” regarding President Trump’s request for Ukrainian President Volodymyr Zelenskyy to investigate former Vice President Joe Biden. The whistleblower’s original complaint alleged that the President was using the power of his office to solicit interference from a foreign country in the 2020 U.S. Election and expressed concerns about the role of Rudy Giuliani.
The Basis for Criminal Referrals and Declassified Evidence
The referrals, which were drafted by the ODNI’s general counsel, specifically reference “possible criminal activity” tied to Michael Atkinson’s briefings and discussions with the House Intelligence Committee in 2019 and the handling of the whistleblower complaint. Gabbard’s office asserts that the released documents, which include transcripts of Atkinson’s closed-door testimony, reveal that the former inspector general provided “flimsy work” and biased evidence to lawmakers during the inquiry and withheld key information from House lawmakers.
The whistleblower in question reportedly contacted Democratic lawmakers regarding the Trump-Zelenskyy phone call before officially filing the complaint. This sequence of events is now being scrutinized by the ODNI as part of the potential criminal activity referred to the Justice Department and the broader investigation into the impeachment’s origins.
Michael Atkinson’s career included 15 years at the Justice Department prior to his tenure as the intelligence community’s inspector general. While he was previously regarded by some lawmakers as a “straight shooter,” the current ODNI leadership claims his actions in 2019 were a departure from established policy and a violation of procedural norms.
Impact on the Justice Department and Legal Process
a criminal referral is not a formal charge. The decision of whether to initiate a full criminal investigation or bring charges following a referral rests solely with prosecutors at the Justice Department and the DOJ’s internal review process.
This move by Director Gabbard represents a significant shift in the official narrative surrounding the first impeachment of Donald Trump. While the House of Representatives impeached Trump in late 2019, he was acquitted by the Senate in early 2020 in a vote that largely split along party lines and has consistently denied any wrongdoing.
Key Details of the 2019 Whistleblower Complaint
- Primary Concern: Allegations that President Trump pressured Ukraine to investigate Joe Biden to influence the 2020 election.
- Secondary Concern: The handling of records related to the phone call between President Trump and President Zelenskyy and the role of Rudy Giuliani.
- Official Action: The complaint was processed by then-IG Michael Atkinson and forwarded to Congress and subsequently led to the first impeachment inquiry.
Broader Political Implications
The actions taken by Director Gabbard have drawn criticism from Democratic lawmakers, who view the referrals and the release of documents as part of a pattern of targeting former government officials. The release of transcripts and interview notes is seen by critics as an attempt to revive “deep state” conspiracy theories and undermine the legitimacy of the 2019 proceedings.
Conversely, the ODNI maintains that the transparency of these documents is necessary to expose the “flimsy work” and “biased evidence” that underpinned the impeachment process and to hold former officials accountable for procedural failures.
| Date/Period | Event |
|---|---|
| 2018 – 2020 | Michael Atkinson serves as Intelligence Community Inspector General and handles the whistleblower complaint. |
| Late 2019 | House of Representatives impeaches President Donald Trump following the whistleblower report. |
| Early 2020 | U.S. Senate acquits President Trump in a party-line vote and concludes the trial. |
| April 2026 | DNI Tulsi Gabbard sends criminal referrals to the DOJ for Atkinson and the whistleblower and releases related documents. |
Whether the Justice Department will act on these referrals remains to be seen. The ODNI has not detailed the specific crimes alleged in the referrals, but the focus remains on the “possible criminal activity” related to the interactions between the former IG and the House Intelligence Committee and the processing of the whistleblower’s claims.
The next confirmed checkpoint will be the Justice Department’s decision on whether to pursue a criminal investigation based on these referrals. We will continue to monitor for official statements from the DOJ or responses from Michael Atkinson.
Do you believe the 2019 impeachment process was handled correctly, or should these referrals be investigated? Share your thoughts in the comments below.