Gabbard complaint involves political allegations disputed by intelligence agency

A complaint filed against Director of National Intelligence Tulsi Gabbard alleges she withheld classified information for political reasons, according to a memo from the intelligence community inspector general obtained by The Associated Press. The classified whistleblower complaint, filed in May, is now being hand-delivered to the “Gang of Eight” lawmakers, a group consisting of congressional leaders and top members of the House and Senate intelligence committees. However, the former intelligence community watchdog who initially reviewed the complaint found the allegation appeared not to be credible.

The complaint contains two main allegations against Gabbard and her office. The first accuses the Director of National Intelligence of distributing classified information along political lines, while the second claims her office of general counsel failed to report a potential crime to the Department of Justice. According to inspector general Christopher Fox’s memo to lawmakers, neither allegation appears to meet standards for credibility or urgency.

Delay in Sharing Classified Whistleblower Complaint Draws Criticism

The six-month delay in delivering the classified whistleblower complaint to Congress has become a flashpoint for Gabbard’s critics. Democratic Senator Mark Warner of Virginia told reporters that obtaining access to the complaint required extensive negotiations. “It took the Gang of Eight six months of negotiation with the director of national intelligence to share that whistleblower complaint,” Warner said, noting this contradicts Gabbard’s confirmation hearing testimony about protecting whistleblowers.

Gabbard’s office has disputed accusations of deliberately withholding the complaint from Congress. Officials explained the delay resulted from an extensive legal review necessitated by the complaint’s numerous classified details, as well as complications from last year’s government shutdown. The hand-delivery process for classified materials to multiple lawmakers and their staff takes several days to complete.

Inspector General Findings Question Complaint Credibility

Then-inspector general Tamara Johnson found in June that the claim about Gabbard distributing classified information along political lines did not appear credible, according to Fox’s memo. Additionally, Johnson was “unable to assess the apparent credibility” of the accusation regarding the general counsel’s office. Fox indicated he would have deemed the complaint non-urgent if it came before him today, meaning it likely would not have been referred to lawmakers under his assessment.

Federal law allows intelligence community whistleblowers to refer complaints to the Gang of Eight lawmakers even when found non-credible, provided they raise urgent concerns. Andrew Bakaj, attorney for the whistleblower, stated Monday that despite the complaint’s details remaining confidential, no justification exists for keeping it from Congress since last spring. The inspector general’s office confirmed some lawmakers and staff began reading copies on Monday, with remaining members scheduled to review it Wednesday.

Gabbard Faces Additional Scrutiny Over FBI Georgia Visit

Meanwhile, Gabbard has drawn additional attention for appearing on site last week when the FBI served a search warrant on election offices in Georgia connected to former President Trump’s disproven claims about fraud in the 2020 election. This unusual role for the intelligence chief raised questions from Democrats on congressional intelligence committees about the appropriateness of her involvement in domestic law enforcement matters.

In contrast to her critics’ concerns, Gabbard defended her presence in a letter to lawmakers, stating Trump asked her to attend the search. She argued she regularly works with the FBI and is authorized to investigate threats to election security. However, Senator Warner rejected this explanation, asserting that Gabbard’s actions erode longstanding barriers separating intelligence work from domestic law enforcement.

Warner emphasized that conducting criminal investigations falls outside the Director of National Intelligence’s purview. “The director of national intelligence does not conduct criminal investigations,” Warner said. “She has no role in executing search warrants. And she does not belong on the scene of a domestic FBI search.” Warner indicated he wants Gabbard to address his questions before the Senate Intelligence Committee soon, though no specific timeline has been announced for such a hearing.