Washington is at the center of a brewing controversy as the Office of the Director of National Intelligence, led by Tulsi Gabbard, has barred a whistleblower’s attorney from briefing Congress on highly classified claims, citing risks of mishandling sensitive information.
On Monday, ODNI general counsel Jack Dever warned attorney Andrew Bakaj that discussing his client’s complaint with the House and Senate intelligence committees could violate laws protecting classified information, a stance that has intensified scrutiny of the handling of this mysterious issue.
The issue has sparked significant debate among lawmakers and intelligence officials. While some question the process's transparency, others argue that safeguarding national security secrets is necessary.
The whistleblower complaint, first received by Acting Intelligence Community Inspector General Tamara Johnson’s office in May of last year, raised two allegations, the New York Post reported. On June 9, Johnson deemed one claim not credible and couldn’t assess the other.
By June 2025, current ICIG Christopher Fox declared the matter “administratively closed.” His Feb. 2 letter to the congressional “Gang of Eight” detailed the complaint’s accusations about restricted intelligence reports and unreported potential crimes.
Fox noted that classification complexities delayed delivery to lawmakers until this month. He also wrote that the first allegation likely wouldn’t meet the “urgent concern” threshold if reassessed.
ODNI’s Jack Dever emphasized the stringent security measures in a letter to Bakaj. His warning underscored the gravity of the classified content at stake.
Given the highly classified nature of the underlying allegations that your client chose to include, the ICIG’s normal methods of informing the committees of the allegations were insufficient to protect exquisite intelligence.
Such caution is commendable in an era where leaks can jeopardize national safety. If the information is as sensitive as claimed, prioritizing security over hasty disclosure is a responsible choice.
Senate Intelligence Committee Chairman Tom Cotton, R-Ark., supported the inspectors general last week. He affirmed their assessment and the actions taken by Gabbard’s office.
I agree with both inspectors general who have evaluated the matter. The complaint is not credible and the inspectors general and the DNI took the necessary steps to ensure the material has handled and transmitted appropriately in accordance with law.
Cotton’s stance aligns with a commitment to trust institutional processes over unverified claims. It’s a refreshing contrast to the rush for political point-scoring that often clouds these matters.
Director Gabbard herself addressed the issue on X this past Saturday. She clarified her involvement and criticized Sen. Mark Warner, D-Va., for his public remarks on CBS News’ “Face the Nation” Sunday.
Warner had disputed the handling, claiming Johnson viewed the complaint as credible. He suggested a contradiction in Gabbard’s legal obligations, a charge Dever denied on Monday.
Gabbard’s office noted the complaint, kept in a safe due to its sensitivity, was hand-delivered to the “Gang of Eight” on a “read and return” basis. This careful protocol, while frustrating to some, upholds the integrity of classified intelligence.
