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Gabbard Sends Criminal Referrals to DOJ for Whistleblower and Former Intel Watchdog Tied to Trump Impeachment

Gabbard Sends Criminal Referrals to DOJ for Whistleblower and Former Intel Watchdog Tied to Trump Impeachment

Tulsi Gabbard asked the Justice Department to review criminal referrals she prepared for a 2019 whistleblower and former Intelligence Community Inspector General Michael Atkinson over their roles in President Trump’s first impeachment. Her office would not specify alleged crimes, and the DOJ decides whether to open investigations. Gabbard released documents critical of Atkinson, but critics say those materials do not show direct evidence of criminal conduct and warn the referrals could chill future whistleblowers.

Tulsi Gabbard, a former U.S. representative and presidential candidate, has asked the Justice Department to consider criminal investigations into two former government officials connected to President Donald Trump’s 2019 impeachment inquiry. Gabbard’s office confirmed it prepared referrals naming the whistleblower who filed the original complaint and former Intelligence Community Inspector General Michael Atkinson, but the referrals do not specify the alleged crimes.

What Gabbard Alleged

Gabbard has criticized how Atkinson handled the 2019 whistleblower complaint, and this week she released a collection of documents she says raise questions about his conduct and the underlying handling of the complaint. In posts on social media she accused what she called "deep state actors" in the intelligence community of manufacturing a narrative that led to Mr. Trump’s impeachment.

Background: The 2019 Complaint

The whistleblower — whose identity has not been publicly disclosed — reported an "urgent concern" about a July 2019 call in which President Trump asked Ukrainian President Volodymyr Zelenskyy to investigate former Vice President Joe Biden. The complaint also raised questions about how records of the Trump-Zelenskyy call were handled and about the role of then-personal attorney Rudy Giuliani in U.S.-Ukraine diplomacy.

"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," the whistleblower wrote.

Evidence and Response

Gabbard’s released materials have been criticized by observers who say they do not provide direct evidence of criminal wrongdoing. Atkinson, who was removed from his inspector general post in 2020, said after his dismissal that he had "faithfully discharged" his duties and served without partisan consideration. Neither Atkinson nor the Justice Department immediately responded to requests for comment.

Broader Context

The referrals are part of a broader effort by Gabbard and other officials to revisit controversies from Mr. Trump’s first term. Last year, Gabbard’s office released files related to the intelligence community’s review of Russian interference in the 2016 election and said the material warranted further review by prosecutors. Some figures tied to that saga, including former CIA Director John Brennan, have been subpoenaed in related probes, but no criminal charges have been filed.

Political Reaction

Democratic critics have sharply rejected Gabbard’s move. Rep. Jim Himes, the top Democrat on the House Intelligence Committee, called the referrals baseless and warned they could chill future whistleblowers from coming forward. "This apparent criminal referral will amount to nothing because no misconduct occurred," Himes said, adding that it could deter others who might otherwise expose wrongdoing.

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