Gabbard’s office warns attorney against sharing classified complaint with Congress

Intelligence Chief’s Lawyer Cautions Against Sharing Classified Complaint With Congress

The general counsel for Director of National Intelligence Tulsi Gabbard issued a stern warning Monday to an attorney representing an anonymous government whistleblower, advising against directly sharing a top-secret complaint with members of Congress outside official channels.

The letter to attorney Andrew Bakaj marks the latest development in an escalating dispute over a classified complaint alleging that Gabbard improperly withheld sensitive intelligence for political purposes. The complaint has sparked controversy in Washington and raised questions about the handling of classified information within the intelligence community.

According to officials familiar with the matter, two inspectors general for the intelligence community reviewed the allegations and determined that the claim regarding Gabbard’s handling of classified material “did not appear to be credible.” Gabbard has forcefully denied any wrongdoing, insisting she took appropriate steps to ensure the complaint reached Congress as required by law.

Democratic lawmakers on the House and Senate intelligence committees have criticized the eight-month delay in transmitting the complaint to congressional overseers. Senator Mark Warner of Virginia, the senior Democrat on the Senate Intelligence Committee, expressed his concerns on CBS’s “Face the Nation,” saying, “The fact that this sat out there for six, seven, eight months now and we are only seeing it now raises huge concerns in and of itself.”

The anonymous complainant, who works for a U.S. intelligence agency, filed a report in May alleging that Gabbard withheld classified information for political reasons and that her general counsel failed to report a potential crime to the Justice Department. As Director of National Intelligence, Gabbard oversees the coordination of 18 different intelligence agencies.

In a memo sent to lawmakers, current Inspector General Christopher Fox explained that his predecessor, Tamara Johnson, had determined in June that the accusation about politically motivated distribution of classified information lacked credibility. Johnson, who was appointed during the Biden administration, was “unable to assess the apparent credibility” of the separate accusation regarding the general counsel’s office.

Fox noted that had the same complaint been presented to him today, he “would likely determine that the allegations do not meet the statutory definition of ‘urgent concern'” – a designation that would have precluded referral to Congress.

Several major news outlets, including The New York Times and The Wall Street Journal, have reported that the complaint involves an intercepted call between two foreign nationals that mentioned someone close to President Trump. These reports, citing anonymous sources, claimed the discussion involved Iran and alleged that Gabbard personally notified the White House while blocking the National Security Agency from sharing the information with other agencies. The Associated Press could not immediately verify these claims.

The NSA declined to provide specifics about the complaint, stating only that it works closely with the FBI and other agencies to investigate potential mishandling of classified information.

Bakaj, the whistleblower’s attorney and a former CIA officer, had offered to meet with certain lawmakers to discuss the allegations. This prompted Monday’s warning from ODNI’s general counsel, which emphasized the risks of potential criminal liability if classified information were improperly disclosed during such meetings.

“The highly classified nature of the underlying complaint increases the risk that you or your client inadvertently or otherwise breaks the law by divulging or mishandling classified information,” the letter stated. “You may have other means of appearing in front of Congress, but this is not it.”

Federal whistleblower laws allow intelligence community employees to refer complaints directly to key lawmakers even if inspectors general deem them non-credible, provided the allegations are considered urgent. While this determination was made by the original watchdog, the complaint only reached legislators last week.

The top-secret complaint was hand-delivered to the “Gang of Eight” – a group comprising House and Senate leaders from both parties and the top lawmakers on the intelligence committees. Additional briefings for remaining committee members are tentatively scheduled for Wednesday.

The political response has fallen along party lines. Republicans who lead the intelligence committees have rallied behind Gabbard. Senator Tom Cotton of Arkansas, chairman of the Senate Intelligence Committee, dismissed the complaint on social media platform X as “an effort by the president’s critics to undermine him.”

In a detailed social media post on Saturday, Gabbard provided a timeline of events, maintaining that she acted promptly to ensure the complaint reached Congress. She stated she became aware of the complaint in June and believed the matter had concluded after it was found non-credible. Only in December, she claimed, was she informed that the complaint needed review and transmission to Congress.

“I took immediate action to provide the security guidance to the Intelligence Community Inspector General who then shared the complaint and referenced intelligence with relevant members of Congress last week,” Gabbard wrote, while accusing Warner and media outlets of attempting to smear her reputation.

As the controversy continues to unfold, questions remain about both the substance of the allegations and the processes used to handle sensitive whistleblower complaints within the intelligence community.