The Department of Justice confirmed Monday that it has received a criminal referral from Director of National Intelligence Tulsi Gabbard, following her explosive allegation that senior Obama-era intelligence officials manipulated and politicized intelligence to fabricate claims of Russian interference in the 2016 election.
The confirmation, first reported by Fox News, marks a dramatic turn in the ongoing saga surrounding the Trump-Russia investigation. While DOJ officials declined to provide details on the referral’s content or what comes next, the department’s acknowledgment signals that Gabbard’s claims are now under formal review.
Gabbard’s Explosive Allegation
Gabbard, a former Democratic congresswoman who has since aligned with the Republican Party and serves as Director of National Intelligence under President Trump, says newly declassified documents reveal a deeply disturbing pattern: that President Obama and his top national security officials orchestrated a politically motivated intelligence operation in the final weeks of his presidency.
In a post on X (formerly Twitter), Gabbard wrote:
“Their goal was to usurp President Trump and subvert the will of the American people. No matter how powerful, every person involved in this conspiracy must be investigated and prosecuted to the fullest extent of the law.”
She described the alleged conduct as a “treasonous conspiracy”, rooted in what she calls “overwhelming evidence” found in more than 100 unclassified documents released Friday. The material reportedly includes internal memos, intelligence briefings, and high-level correspondence between officials during the presidential transition in late 2016 and early 2017.
A Historic Accusation with Deep Roots
Gabbard’s claims land amid renewed scrutiny of the controversial investigation known as “Crossfire Hurricane”—the FBI’s 2016 counterintelligence probe into possible ties between the Trump campaign and Russian operatives. That investigation, and the subsequent Mueller probe, dominated headlines for years and triggered a wave of legal, political, and media battles.
While Special Counsel Robert Mueller ultimately charged several individuals and entities, his final report found no prosecutable criminal conspiracy between Trump’s team and Russian agents—though it outlined extensive contacts between the two.
A 2019 internal review by DOJ Inspector General Michael Horowitz found that the FBI had a legal basis to open its probe but committed numerous procedural failures, particularly regarding FISA surveillance of Trump campaign advisor Carter Page.
Gabbard: “This Is Bigger Than Politics”
Speaking with Maria Bartiromo on Fox News Sunday, Gabbard emphasized that the issue isn’t partisan—it’s constitutional.
“The implications of this are frankly nothing short of historic,” Gabbard said. “This is not a Democrat or Republican issue. It’s about the integrity of our democracy and holding powerful people accountable.”
She asserted that the documents offer unprecedented insight into high-level Obama-era decision-making, including evidence that intelligence assessments were allegedly “crafted to justify surveillance and delegitimize an incoming administration.”
A Critical Test for Oversight and Trust
Though Gabbard has made the documents publicly available, independent verification of their context and interpretation is ongoing. Legal analysts warn that while the DOJ’s receipt of the referral signals serious consideration, it does not imply guilt or guarantee prosecution.
Still, Gabbard’s referral has reignited political tensions and public debate over the role of intelligence agencies in domestic politics—and whether lines were crossed during one of the most contentious transitions in modern American history.
As the Justice Department weighs its next steps, the outcome could reshape public trust in intelligence institutions, redefine norms around executive power, and influence future guidelines for how intelligence is gathered, interpreted, and used by those in the highest offices.