Inspector General Memo Details Allegations Against Intelligence Director Tulsi Gabbard
According to a memo sent to lawmakers by the inspector general's office and obtained by The Associated Press, a complaint filed months ago against Director of National Intelligence Tulsi Gabbard relates to allegations that she withheld access to classified information for political reasons. The complaint, which has become a focal point for Gabbard's critics, was initially reviewed by the former watchdog for the intelligence community, who found the allegation appeared not to be credible.
Complaint Delivery to Congressional Leaders
Copies of the top-secret complaint are being hand-delivered this week to the "Gang of Eight" lawmakers, a group comprising House and Senate leaders from both parties along with the top Democrats and Republicans on the House and Senate intelligence committees. The referral process is complex due to the classified details contained within the complaint, necessitating physical delivery that is expected to take several days.
Gabbard's office has firmly denied the allegations, disputing claims that the complaint was withheld from Congress. Officials stated that the delay in delivering the document to lawmakers resulted from an extensive legal review required because of the complaint's numerous classified elements, compounded by last year's government shutdown.
Lawmaker Response and Scrutiny
Democratic Senator Mark Warner of Virginia told reporters that he had not yet seen the complaint as of Tuesday but anticipated reviewing it within a couple of days. Warner described what he called a protracted effort by lawmakers from both parties to pressure Gabbard to share the report as mandated by law.
"It took the Gang of Eight six months of negotiation with the director of national intelligence to share that whistleblower complaint," Warner stated. "This is in direct contradiction to what Gabbard testified during her confirmation hearings—that she would protect whistleblowers and share information in a timely manner."
Additional Allegations and Review Findings
The complaint's author made a second allegation, accusing Gabbard's office of general counsel of failing to report a potential crime to the Department of Justice. The inspector general's memo, which contains redactions, does not provide further details about either allegation.
According to the current watchdog, Christopher Fox, in his memo to lawmakers, then-inspector general Tamara Johnson determined in June that the claim about Gabbard distributing classified information along political lines did not appear credible. Fox wrote that Johnson was "unable to assess the apparent credibility" of the accusation regarding the general counsel's office.
Legal Framework and Urgency Assessment
Federal law permits whistleblowers within intelligence services to refer their complaints to the Gang of Eight lawmakers even if those complaints have been deemed non-credible, provided the complaint raises urgent concerns. In his memo, Fox indicated he would have classified the complaint as non-urgent, meaning it would not have been referred to lawmakers under normal circumstances.
"If the same or similar matter came before me today, I would likely determine that the allegations do not meet the statutory definition of 'urgent concern,'" Fox wrote.
Legal Representation and Congressional Access
Andrew Bakaj, attorney for the individual who filed the complaint, stated Monday that while he cannot discuss the report's specifics, there is no justification for keeping it from Congress since last spring. The inspector general's office confirmed that some lawmakers and their staff were permitted to read copies of the complaint on Monday, with representatives planning to meet with remaining lawmakers who had not yet seen it on Wednesday.
Broader Context and Recent Controversies
Gabbard, who coordinates the work of the nation's 18 intelligence agencies, has recently attracted attention for another matter—her presence last week when the FBI served a search warrant on election offices in Georgia. These offices are central to former President Donald Trump's disproven claims about fraud in the 2020 election.
This unusual involvement by a spy chief has raised additional questions from Democrats serving on the House and Senate intelligence committees. Gabbard explained that Trump requested her presence at the search, defending her role in a letter to lawmakers by arguing she regularly collaborates with the FBI and is authorized to investigate any threat to election security.
Warner expressed skepticism about this explanation on Tuesday, stating that Gabbard's actions are eroding longstanding barriers separating intelligence work from domestic law enforcement. He emphasized his desire for Gabbard to address his questions before the Senate Intelligence Committee in the near future.
"The director of national intelligence does not conduct criminal investigations," Warner asserted. "She has no role in executing search warrants. And she does not belong on the scene of a domestic FBI search."
