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Whistleblower Complaint Filed Against Director of National Intelligence Tulsi Gabbard

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Whistleblower Complaint Against DNI Tulsi Gabbard Sparks Dispute Over Handling

A whistleblower complaint filed in May against Director of National Intelligence (DNI) Tulsi Gabbard has led to a dispute over its handling and transmission to Congress. The complaint's substance remains classified, but it involves allegations concerning the handling of intelligence and the DNI's adherence to legal procedures for whistleblower disclosures. The Office of the Director of National Intelligence (ODNI) and the whistleblower's attorney have provided differing accounts of the timeline and reasons for delays in informing congressional oversight committees.

The Complaint and Initial Allegations

  • On April 17, a whistleblower contacted the Intelligence Community Inspector General’s (ICIG) office.
  • A formal whistleblower complaint was filed on May 21. The complaint alleges "wrongdoing" by DNI Gabbard, specifically that she blocked classified intelligence from routine distribution.
  • The attorney for the whistleblower, Andrew Bakaj, stated that his client requested the complaint be shared with lawmakers in June. Bakaj accused Gabbard of attempting to conceal the complaint from Congress, which he said jeopardized congressional oversight.
  • The specific substance of the complaint has not been publicly disclosed by administration officials or the whistleblower's lawyer.

Handling of the Complaint and Reported Intelligence Incident

  • Initial ICIG Review: Acting Inspector General Tamara A. Johnson dismissed the complaint on June 6, stating its credibility could not be determined. The dismissal letter advised the whistleblower could approach Congress after receiving security guidance from the DNI due to the complaint's sensitive nature.

  • Reported Intelligence Incident: Separately, sources reported that in the spring, the National Security Agency (NSA) detected an unusual phone call between an individual linked to foreign intelligence and a person close to former President Donald Trump. According to Bakaj, who was briefed on the call, DNI Gabbard was informed and subsequently took a physical copy of the intelligence to the president's chief of staff, Susie Wiles. The following day, Gabbard instructed the NSA not to publish a report and to send details directly to her office.

  • ODNI Response: A press secretary for the ODNI stated that reporting on this intelligence incident is false and that DNI Gabbard's actions were within her legal and statutory authority.

"There is absolutely NO wrongdoing by DNI Gabbard," stated Olivia Coleman, Gabbard’s press secretary, who also suggested the whistleblower was "politically motivated."

Timeline of Disclosure to Congress

  • According to sources, congressional intelligence committees were not aware of the whistleblower complaint until November, after Bakaj contacted the DNI's office about the delayed transmission.
  • The ODNI publicly acknowledged the complaint in a letter to lawmakers in February. The letter stated the ICIG had not informed DNI Gabbard of her obligation to transmit the complaint to Congress until a new inspector general, Christopher Fox, assumed office in October.
  • An ODNI official stated that upon learning of this responsibility, Gabbard took immediate action to fulfill it. The official also noted there is no legal timeframe for establishing security guidance related to a whistleblower complaint.
  • A redacted version of the report was provided to the "gang of eight" congressional leaders on a Tuesday night in February.
  • Bakaj stated that on February 3, he requested guidance on sharing the full report with Congress, citing national security impact, and that the DNI's office had not responded by his stated deadline.

Conflicting Statements and Viewpoints

  • From the DNI's Office: Olivia Coleman, Gabbard’s press secretary, stated via social media that the "baseless" complaint had been shared with congressional intelligence committees. She asserted a previous inspector general concluded the allegations lacked credibility.

  • From the Whistleblower's Attorney: Andrew Bakaj maintained his accusation that Gabbard's actions delayed congressional oversight. He also stated that Gabbard's office redacted much of the complaint released to Congress, citing executive privilege, which suggests the complaint involves presidential action.

  • From Former Officials: Some former intelligence officials indicated that a multi-month delay in transmitting a whistleblower complaint to Congress is highly unusual, as security concerns are typically resolved within days or weeks.

  • Congressional Reaction: Lawmakers have expressed differing views.

    • Senator Tom Cotton (R-Arkansas) defended Gabbard's conduct, stating she took necessary steps for appropriate handling.
    • Senator Mark Warner (D-Virginia), Vice Chair of the Senate Intelligence Committee, criticized the delay, noting the law requires transmission within a set period, but Congress did not receive it until February.
    • Some members of the "gang of eight" have contacted the NSA directly to request the underlying intelligence mentioned in reports.

Oversight and Personnel Changes

  • Concerns were raised by some lawmakers regarding the independence of the ICIG's office after Gabbard assigned one of her top advisers, Dennis Kirk, to work there on May 9. Kirk had served in the first Trump administration.
  • Representative Stephen F. Lynch (D-Massachusetts) expressed concerns to the acting inspector general about the potential compromise of the watchdog office's integrity due to Kirk's appointment.
  • Acting Inspector General Tamara A. Johnson was replaced by Christopher Fox in October.