WASHINGTON (Diya TV) — Director of National Intelligence Tulsi Gabbard has sent a criminal referral to the Justice Department tied to the whistleblower complaint that led to the 2019 impeachment of President Donald Trump, according to her office. The move has sparked sharp political debate and raised concerns among watchdog groups about the future of whistleblower protections.
Gabbard’s office confirmed Wednesday that it referred at least one case for possible criminal investigation. The referral focuses on the whistleblower complaint and how the intelligence community handled it during Trump’s first impeachment.
To support the referral, Gabbard released documents this week. She said the records reveal what she called a “conspiracy” used by Congress to impeach Trump. The documents include testimony transcripts and internal notes related to the complaint. The Office of the Director of National Intelligence said the referral involves former intelligence community employees and their role in the impeachment process.
The documents also question the actions of Michael Atkinson, who served as inspector general of the intelligence community from 2018 to 2020. Gabbard’s office said Atkinson did not follow proper policy when handling the whistleblower complaint. Atkinson had previously worked at the Justice Department for 15 years.
At the time, Atkinson’s credibility helped convince some skeptical lawmakers to take the complaint seriously. His reputation as an independent watchdog added weight to the allegations against Trump. Trump later fired Atkinson in April 2020. Critics said that the decision raised concerns about political interference in oversight roles.
Gabbard said she is leaving the legal analysis to the Justice Department.
“I’m leaving it up to the lawyers and the Department of Justice,” she said in a televised interview. “They will determine the specific legal parameters.”
She added that her office believed it was important to pass along all available information so investigators could review it. So far, officials have not publicly identified specific laws that may have been violated.
The referral has drawn strong criticism from Democrats. Jim Himes, the top Democrat on the House Intelligence Committee, dismissed the effort.
“This apparent criminal referral will amount to nothing,” Himes said in a statement. He argued that no misconduct occurred and warned that the move could discourage future whistleblowers.
Transparency advocates echoed those concerns. They say targeting a whistleblower or an inspector general could create fear among government employees who might otherwise report wrongdoing.
Gabbard’s actions fit into a broader effort by Trump allies to challenge past intelligence findings. In recent months, Gabbard and CIA Director John Ratcliffe have released documents aimed at undermining the 2017 intelligence assessment on Russian election interference.
That assessment concluded that Russia interfered in the 2016 election and sought to help Trump. Gabbard and Ratcliffe have questioned those findings. Ratcliffe has also made a separate criminal referral involving John Brennan, further expanding the scope of these efforts.
Criminal referrals involving whistleblowers or inspectors general are extremely rare. Experts say such actions could have long-term effects on government accountability. Whistleblowers often rely on legal protections when reporting concerns to Congress or oversight bodies. Critics argue that moves like this could weaken those protections.
Gabbard herself now faces scrutiny. A recent whistleblower complaint alleges that a highly classified intelligence report was restricted for political reasons during her tenure. The current intelligence community inspector general has notified Congress about the complaint. Gabbard has denied the allegations.
The Justice Department has not announced whether it will act on the referral. Legal experts say any investigation could take months or longer.
