DNI Gabbard Sends Criminal Referrals to DOJ for Trump–Ukraine Whistleblower and Former IC Inspector General Atkinson
Former congresswoman Tulsi Gabbard, now serving as director of national intelligence, has sent criminal referrals to the Department of Justice naming the 2019 Trump–Ukraine whistleblower and former Intelligence Community Inspector General Michael Atkinson, according to statements from ODNI and reporting by Fox News, MS NOW and CBS. The referrals, described by ODNI’s general counsel and publicized by Gabbard on X, cite “possible criminal activity” tied to Atkinson’s handling of the whistleblower complaint — specifically his closed‑door briefings to the House Intelligence Committee and ODNI’s assertion that Atkinson “failed to conduct basic due diligence” and “willfully exceeded his statutory jurisdiction” by treating President Trump’s call with Ukraine’s president as an “urgent concern.” CBS and other outlets note that the documents Gabbard released do not themselves provide direct evidence of criminal wrongdoing.
The move comes against a politically charged backdrop: Gabbard switched from the Democratic to the Republican Party in October 2024, and public opinion on the original 2019 impeachment inquiry was sharply divided along partisan lines (roughly nine in ten Democrats approved of the inquiry, while about eight in ten Republicans disapproved). Observers also point to a broader pattern in which criminal referrals from intelligence officials tied to high‑profile political investigations — including referrals made between 2016 and 2026 — have not produced criminal charges, tempering expectations about whether DOJ action will follow. CBS further reminded readers that Gabbard previously released files related to the intelligence community’s 2016 Russia review and threatened to forward them to prosecutors, but those disclosures likewise did not lead to charges.
Initial coverage, particularly from Fox News, framed the referrals as serious accusations focused on procedural failures by Atkinson and the whistleblower; later reporting, notably from CBS, emphasized caveats — that the released materials do not establish criminal conduct — and highlighted pushback from Democrats who defended the whistleblower’s credibility and warned that prosecuting those involved risks chilling future disclosures. MS NOW confirmed ODNI’s referral and captured defenses of Atkinson from former DOJ officials who called allegations of criminality “preposterous.” Public reaction on social media mirrored that split: some accounts characterized the referrals as overdue accountability for what they view as a manufactured impeachment effort, while others warned the move looks like partisan retribution and could deter future whistleblowers. Taken together, the reporting has shifted from headlines of potential criminality to a more contested narrative about motive, evidence and the likely political consequences, leaving the ultimate legal outcome uncertain.
📊 Relevant Data
Public opinion on the House's decision to conduct an impeachment inquiry into President Trump in 2019 was sharply divided by political party, with 89% of Democrats and Democratic leaners approving, 57% of independents approving, and 84% of Republicans and Republican leaners disapproving.
Modest Changes in Views of Impeachment Proceedings Since Early September — Pew Research Center
Tulsi Gabbard, who served as a Democratic U.S. Representative and ran for president as a Democrat in 2020, announced her switch to the Republican Party in October 2024 during a rally for Donald Trump.
Tulsi Gabbard announces switch to Republican Party — The Washington Times
Between 2016 and 2026, criminal referrals from intelligence officials regarding political investigations, such as the 2025 referral by then-DNI John Ratcliffe concerning former CIA Director John Brennan over the 2016 Trump-Russia probe, have not resulted in any criminal charges.
DOJ probes ex-CIA, FBI directors over 2016 Trump-Russia investigation — Straight Arrow News
📌 Key Facts
- The Office of the Director of National Intelligence — including DNI Tulsi Gabbard's office and the ODNI general counsel — sent criminal referrals to the Department of Justice alleging 'possible criminal activity' by former Intelligence Community Inspector General Michael Atkinson and the 2019 Trump–Ukraine whistleblower.
- The referrals specifically cite Atkinson’s 2019 closed‑door briefings to the House Intelligence Committee and his handling of the Trump–Zelensky call as the circumstances underlying the alleged misconduct.
- ODNI’s description of newly released transcripts asserts Atkinson 'failed to conduct basic due diligence' and 'willfully exceeded his statutory jurisdiction' in treating the call as an 'urgent concern' for Congress.
- ODNI declined substantive comment and pointed reporters to DNI Gabbard’s public X post accusing 'deep state actors' of concocting a false narrative used to impeach Trump and criticizing Atkinson for relying on 'second‑hand evidence.'
- News reports note that the documents Gabbard released do not provide direct evidence of criminal wrongdoing.
- Political and legal defenders pushed back: Rep. Jim Himes praised the whistleblower’s 'courage and principle' and warned the referrals could chill future whistleblowers, while a former Justice Department official called allegations against Atkinson 'preposterous' and defended his record.
- Background/context: Atkinson deemed the original 2019 whistleblower complaint credible and it directly led to President Trump’s first impeachment over his interactions with Ukrainian President Volodymyr Zelensky; Gabbard previously released files on the intelligence community’s 2016 Russia review and said she would send those to DOJ as well, but prior releases and related subpoenas of figures (including John Brennan) have not resulted in criminal charges to date.
📰 Source Timeline (4)
Follow how coverage of this story developed over time
- CBS confirms via an ODNI spokesperson that Tulsi Gabbard drafted criminal referrals for both the Trump–Ukraine whistleblower and former Intelligence Community Inspector General Michael Atkinson, though the specific alleged crimes are not detailed.
- The article states explicitly that the documents Gabbard released about Atkinson’s handling of the complaint do not provide direct evidence of criminal wrongdoing.
- It quotes Gabbard’s X post accusing ‘deep state actors’ of concocting a false narrative that Congress used to impeach Trump, and criticizing Atkinson for relying on ‘second-hand evidence.’
- Rep. Jim Himes, top Democrat on the House Intelligence Committee, is quoted defending the whistleblower as having shown ‘courage and principle’ and warning that Gabbard’s move will chill future whistleblowers, which he suggests may be ‘precisely the point.’
- CBS notes that Gabbard’s office last year released files on the intelligence community’s 2016 Russia interference review, claimed they showed a ‘treasonous conspiracy’ by Biden-era officials, and said she would also send those to DOJ, but no specific crimes were articulated and no charges have followed.
- The piece adds that several figures from the Russia interference saga, including former CIA Director John Brennan, have been subpoenaed by federal prosecutors in Florida, though no charges have been filed.
- MS NOW obtained on‑the‑record confirmation from a spokesperson for DNI Tulsi Gabbard that she has sent criminal referrals to the Justice Department.
- The article quotes language from the referral as described by Fox News, specifying that the “possible criminal activity” concerns 2019 House Intelligence Committee briefings involving Intelligence Community Inspector General Michael Atkinson.
- A former Justice Department official who worked with Atkinson defended him, calling him an “exceedingly careful and thoughtful attorney and public servant” and saying the idea he engaged in criminal wrongdoing is “preposterous.”
- The piece reiterates that the whistleblower complaint was deemed credible at the time by Atkinson and directly led to Trump’s first impeachment over pressuring Ukrainian President Volodymyr Zelenskyy.
- ODNI’s general counsel has sent criminal referrals to the Department of Justice citing "possible criminal activity" by one or more former intelligence community employees connected to the 2019 Trump-Ukraine whistleblower episode.
- An intelligence official told Fox News the referrals are specifically directed at former Intelligence Community Inspector General Michael Atkinson and the whistleblower whose complaint triggered Trump’s first impeachment.
- The referral explicitly cites Atkinson’s 2019 closed-door briefings to the House Intelligence Committee as the circumstances underlying the potential criminal activity.
- ODNI asserts in its description of the newly released transcripts that Atkinson "failed to conduct basic due diligence" and "willfully exceeded his statutory jurisdiction" in treating the Trump–Zelensky call as an “urgent concern” for Congress.
- ODNI declined substantive comment on the referrals and instead pointed Fox News to Tulsi Gabbard’s public X post accusing "deep state actors" of concocting a false narrative to impeach Trump.