WASHINGTON D.C. — In a move that has sent shockwaves through the nation’s capital, Director of National Intelligence (DNI) Tulsi Gabbard has officially filed a criminal referral with the Justice Department.

The referral targets key figures involved in the 2019 impeachment of President Donald Trump, alleging a coordinated “conspiracy” within the intelligence community to undermine the presidency.

The announcement, confirmed by the Office of the Director of National Intelligence (ODNI) this week, marks a dramatic escalation in the administration’s efforts to re-examine the origins of the first impeachment inquiry. According to reports from CBS News, the referral specifically focuses on a former intelligence community watchdog and the anonymous whistleblower whose complaint sparked the initial investigation years ago.

The Core of the Referral: Allegations of Deception

At the heart of Gabbard’s referral is the claim that the 2019 impeachment process was built on a “false narrative.” On Monday, Gabbard took to social media to allege that “deep state actors” concocted a conspiracy to “usurp the will of the American people.”

The referral centers on two primary figures:

Michael Atkinson: The former Intelligence Community Inspector General (ICIG) who deemed the original whistleblower complaint “credible” and “urgent.”
The Anonymous Whistleblower: The official who first reported concerns regarding President Trump’s 2019 phone call with Ukrainian President Volodymyr Zelenskyy.

Gabbard argues that Atkinson failed to follow proper policy when handling the complaint. She recently released a trove of declassified documents, including transcripts of Atkinson’s closed-door testimony, which she claims prove that the investigation was politically motivated rather than legally sound.

Revisiting the 2019 Impeachment

To understand the weight of this referral, one must look back at the events of 2019. At the time, the whistleblower alleged that President Trump used the power of his office to pressure Ukraine into investigating Joe Biden, his political rival.

This led to Trump’s impeachment by the House of Representatives for abuse of power and obstruction of Congress. He was later acquitted by the Senate in early 2020. Gabbard now contends that the evidence used in that trial was “second-hand” and part of a broader effort to destabilize the administration.

Reactions from Capitol Hill

The reaction to Gabbard’s move has been split sharply along party lines, reflecting the deep divisions that remain from the first Trump term.

Democratic Pushback

Leading Democrats have slammed the referral as an abuse of power and an attempt to intimidate future whistleblowers. Representative Jim Himes, the top Democrat on the House Intelligence Committee, defended the 2019 whistleblower’s actions.

“This apparent criminal referral will amount to nothing because no misconduct occurred,” Himes said in a statement. “What it will do is chill future whistleblowers from coming forward… I suspect that is precisely the point.”

Republican Support

Conversely, many of the President’s allies have lauded Gabbard for what they describe as “cleaning up” the intelligence community. They argue that the documents released by the ODNI show a lack of transparency and a bias that has long gone unchecked in Washington’s “alphabet agencies.”

What Happens Next?

While a criminal referral from the DNI is a serious matter, it does not guarantee that charges will be filed. A referral is essentially a request for the Justice Department to investigate whether federal laws were broken.

The decision now rests with the Department of Justice (DOJ). Prosecutors will need to review the declassified materials provided by Gabbard’s office to determine if there is enough evidence to open a formal grand jury investigation.

Historically, the DOJ maintains a level of independence from the ODNI, but in the current political climate, the pressure on Attorney General offices is immense. If the DOJ moves forward, it could lead to the first legal proceedings against those who participated in the 2019 impeachment inquiry.

This move is not an isolated event. Since taking office as DNI, Gabbard has made it a priority to declassify documents related to past investigations into the Trump administration. Earlier this year, her office released files concerning the 2016 Russia interference probe, which she similarly described as a “treasonous conspiracy.”

As the 2026 midterms approach, these referrals ensure that the debates of the past decade remain at the forefront of the American political conversation. Whether this leads to actual legal consequences or remains a tool for political messaging is a question that only the coming months will answer.

Tulsi Gabbard Sends Criminal Referral to DOJ Over 2019 Trump Impeachment