Gabbard Makes Criminal Referrals Linked To First Trump Impeachment

The Office of the Director of National Intelligence has sent criminal referrals to the Justice Department related to a whistleblower complaint that helped trigger President Donald Trump’s 2019 impeachment, his first, ostensibly tied to a phone call he held with Ukrainian President Volodymyr Zelensky, reports said this week.

The referrals also include former intelligence community inspector general Michael Atkinson, who notified Congress of the allegations.

“I want to refer information that may constitute possible criminal activity in violation of federal criminal law committed by one or more former employees of the intelligence community,” the agency’s general counsel wrote. The referral cited concerns tied to actions described in congressional briefings during the 2019 impeachment process, Fox News reported.

Documents reviewed by Fox News Digital show the referrals reference Atkinson’s briefings before the House Permanent Select Committee on Intelligence. Those briefings took place during the 116th Congress as lawmakers examined the whistleblower complaint.

The referrals follow the release of newly declassified records by Director of National Intelligence Tulsi Gabbard. Officials said the materials detail what they described as a coordinated effort within elements of the intelligence community tied to the impeachment.

An intelligence official said the referral language is broad but is focused on Atkinson and the whistleblower. The complaint centered on President Donald Trump’s July 2019 phone call with Ukrainian President Volodymyr Zelenskyy.

Gabbard pointed to the documents in a social media post when asked about the referrals.
“Newly-declassified records expose how deep state actors within the Intelligence Community concocted a false narrative,” she wrote.

The Justice Department has not publicly responded to the referrals. Officials have not indicated whether an investigation has been opened.

The released materials include transcripts of Atkinson’s closed-door testimony before the House Intelligence Committee. Those transcripts were later made public following a vote led by committee chairman Rick Crawford.

During his testimony, Atkinson addressed his handling of the whistleblower complaint. He said the complaint met the legal standard required to notify Congress.

“I determined that the complaint related to an urgent concern,” Atkinson said in his testimony. He said the determination was based on the information available at the time.

Atkinson acknowledged that the whistleblower did not have firsthand knowledge of the events described. He said the complaint relied on accounts from multiple U.S. officials who were deemed credible.

“I was not a direct witness to most of the events described,” the whistleblower complaint stated. Atkinson said those secondhand accounts were consistent and supported further review.

Atkinson also said the whistleblower showed potential signs of political bias. Despite that, he said the law did not require him to dismiss the complaint on that basis.

The complaint, filed in August 2019, raised concerns about Trump’s call with Zelenskyy. It included allegations that Trump encouraged investigations involving former Vice President Joe Biden and his son.

Democrats argued the request amounted to a quid pro quo tied to U.S. military aid. Trump and his allies rejected that characterization and said the call was appropriate.

Biden has said his actions regarding Ukraine were part of official U.S. policy at the time. He described pressuring Ukraine to remove a prosecutor during a 2018 event.

“I said, ‘You’re not getting the billion,’” Biden recalled. He said the prosecutor was removed after the warning.

House Republicans raised concerns during the impeachment process about the whistleblower’s contact with congressional staff. They questioned interactions involving then-Intelligence Committee Chairman Adam Schiff.

Schiff acknowledged contact but said it did not influence the handling of the complaint. He described the communication as limited in nature.

The whistleblower complaint was later declassified and released publicly. It stated that the information was based largely on secondhand accounts from multiple officials.