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