…As Jacob Rosen and Olivia Gazis of CBS News noted,
Director of National Intelligence Tulsi Gabbard is supporting Trump’s attacks
on those he perceives to be his enemies by sending to the Department of Justice
two criminal referrals yesterday. One is for the former government
official who was the whistleblower over the July 2019 phone call in
which Trump told Ukraine president Volodymyr Zelensky he would release money
the U.S. Congress had appropriated for Ukraine’s defense against Russia’s 2014
incursion…but only after Zelensky did him the “favor” of smearing Democratic
presidential candidate Joe Biden.
The whistleblower told the intelligence community
inspector general: “I have received information from multiple U.S. Government
officials that the President of the United States is using the power of his
office to solicit interference from a foreign country in the 2020 U.S.
election. This interference includes, among other things, pressuring a foreign
country to investigate one of the President’s main domestic political rivals.”
Gabbard’s second referral is for the inspector general,
Michael Atkinson, who found the complaint “credible” and “urgent” and set in
motion the process of sharing it with the congressional intelligence
committees, which led to Trump’s first impeachment.
As Representative Jim Himes (D-CT), the top-ranking
Democrat on the House Intelligence Committee, noted, the effort to criminalize
whistleblowing from 2019 for what was Trump’s well-established behavior is most
likely an attempt to chill future whistleblower complaints.
There certainly appears to be concern on the part of MAGA
loyalists that they are in danger of losing power, and that might mean legal
repercussions. Testifying before the Senate Budget Committee,
Director of Office of Management and Budget Russell Vought denied that he had
held back funds Congress had appropriated. Doing so is called “impoundment,”
and it is illegal, but the administration has been engaged in it since it took
office in January 2025.
Vought is a Christian nationalist and a key author of
Project 2025, which sets out to dismantle the federal government. Today Vought
said his job was to make sure money was spent “consistent with our agenda.”
Senator Jeff Merkley (D-OR) told Emine Yücel of Talking Points Memo:
“They absolutely impounded. He just lied to America.” “He has no respect for
the American Constitution and the separation of powers,” Merkley said. “This is
an authoritarian government operating as if the president is king. And if we
want to save our democracy, we have to save ourselves from the strategy that
Mr. Vought implemented.” Republican senator Chuck Grassley (IA) also reminded
Vought: “Congress has appropriated money, and you don’t have the authority to
impound it.”
[Yesterday] Representative Thomas Massie (R-KY) posted on
social media that an opinion from the Foreign Intelligence Surveillance Court,
which reviews and approves surveillance warrants against foreign actors and
agents in the U.S., “raises serious concerns about FBI implementation of FISA
702,” the law that allows warrantless surveillance. Senator Ron Wyden (D-OR)
reposted Massie’s comment and added that he, Wyden, has sent “a classified
letter to House and Senate colleagues about a secret interpretation of surveillance
law that every American should be concerned about.”
This exchange seems to suggest that FBI director Kash
Patel has authorized FBI agents to use surveillance on Americans without a
warrant, illegally…
-Heather Cox Richardson

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