On April 15, Director of National Intelligence Tulsi Gabbard sent two criminal referrals to the Department of Justice. One was reserved for a former intelligence community inspector general, the other for a whistleblower, who provided the key evidence that led to the first impeachment of Trump during his first term.
“The possible criminal activity concerns the circumstances described in the following congressional briefings: Discussion with Intelligence Community Inspector General, House Permanent Select Comm. on Intel., 116th Cong. (2019); Briefing by the Intelligence Community Inspector General, House Permanent Select Comm. on Intel., 116th Cong. (2019),” it added.
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There is no known public evidence that these two individuals committed a crime. However, criminal referrals have prosecutors scrutinize whether or not the law was broken by the subject of such referrals.
On April 13, Gabbard released documents, which, as she falsely claimed, exposed the “deep state.” The documents contradict her criminal referral, as they are full of positive remarks on the character and work ethic of the whistleblower.
Senator Mark Warner and Representative Jim Himes warned that the move amounted to political suppression. Himes further cautioned that, while the criminal referrals will not directly impact their subjects because no crimes were committed, it will chill future whistleblowers and inspectors general, as they will fear political and legal persecution for attempting to enforce ethical conduct in government.
Further implicating the politicized nature of these referrals and the ODNI itself, Fox “News” was the first to receive word of the former.

