Director of National Intelligence Tulsi Gabbard has requested that the Justice Department investigate two former officials who were central to the 2019 impeachment inquiry of Donald Trump.
A spokesperson for the DNI’s office confirmed that criminal referrals were drafted for the anonymous whistleblower and former Intelligence Community Inspector General Michael Atkinson, though the specific charges alleged have not been disclosed.
The decision to pursue an investigation now rests with the Justice Department. The move follows Gabbard’s release of a collection of documents related to Atkinson’s handling of the 2019 whistleblower complaint.
In a post on X, Gabbard criticized the process, alleging that “deep state actors” created a “false narrative” to “usurp the will of the American people.” She argued that Atkinson relied on “second-hand evidence” when he determined the whistleblower’s complaint was an “urgent concern.”
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That complaint centered on a phone call between Trump and Ukrainian President Volodymyr Zelenskyy regarding an investigation into Joe Biden.
The whistleblower wrote at the time, “I have received information from multiple U.S. Government officials that the President of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election.”
Trump, who was acquitted by the Senate in 2020, has consistently defended the call as “perfect” and denied any wrongdoing.
The documents released by Gabbard’s office do not provide direct evidence of criminal activity. Atkinson, who was fired by Trump in 2020, previously stated that he “faithfully discharged” his duties throughout his career “without regard to partisan favor or political fear.”
Neither Atkinson nor the Justice Department issued an immediate response to the referrals.
This action is part of a broader effort by Gabbard to review intelligence activities from the last decade. Last year, her office released files concerning the 2016 Russia interference investigation, which she claimed showed a “treasonous conspiracy” by officials from the Biden administration.
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While federal prosecutors in Florida have subpoenaed several individuals related to that probe, no charges have been filed.
Democratic lawmakers have pushed back against the referrals. Rep. Jim Himes, the ranking member of the House Intelligence Committee, defended the whistleblower’s actions and suggested the move was intended to “chill future whistleblowers from coming forward.” Himes stated, “This apparent criminal referral will amount to nothing because no misconduct occurred.”
The Justice Department has not yet indicated whether it will open a formal investigation based on the DNI’s request.
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