The long shadow of the 2019 impeachment is back in focus, this time not through congressional hearings or televised testimony, but through criminal referrals that reopen questions many assumed were settled years ago.
At the center is Director of National Intelligence Tulsi Gabbard, whose office has reportedly taken the unusual step of referring at least two former Intelligence Community officials to the Department of Justice for potential prosecution tied to their roles in the events that led to President Trump’s first impeachment.
Among those named is former Intelligence Community Inspector General Michael Atkinson. According to reports, Gabbard’s office concluded that Atkinson failed to follow established procedures when he forwarded a whistleblower complaint to Congress regarding Trump’s July 2019 phone call with Ukrainian President Volodymyr Zelensky.
That complaint ultimately became the foundation of the impeachment inquiry. The whistleblower, whose actions and communications have long been the subject of scrutiny, was also reportedly referred for possible prosecution.
A spokesperson for the Office of the Director of National Intelligence confirmed that a criminal referral had been sent, describing it as related to “one or more former employees of the Intelligence Community” and their involvement in the impeachment process.
The referrals themselves, prepared by ODNI’s general counsel, reportedly cite “possible criminal activity” connected to Atkinson’s interactions with the House Intelligence Committee, including private briefings conducted during the early stages of the inquiry.
These developments follow closely behind Gabbard’s release of newly declassified documents tied to the impeachment timeline. The materials include transcripts of Atkinson’s closed-door testimony—records that were not made available to lawmakers during the original proceedings. According to Gabbard, the documents raise questions about the quality of evidence and the reliance on secondhand accounts that shaped the initial complaint.
In public statements, Gabbard has framed the issue in stark terms, arguing that elements within the Intelligence Community operated with political intent and contributed to a narrative that influenced congressional action. She has also pointed to what she describes as misuse of the whistleblower process, alleging coordination between the complainant and lawmakers prior to the formal filing.
The Justice Department has not yet indicated whether it will act on the referrals, and it remains unclear what legal thresholds prosecutors would apply in evaluating actions taken during a highly charged political moment. Criminal referrals themselves do not guarantee charges; they instead signal that an agency believes further investigation is warranted.
