Whistleblower Complaint Against Intelligence Chief Gabbard Stalled for Months, Sparking Bipartisan Scrutiny

WASHINGTON — A legal battle over transparency and congressional oversight is brewing within the upper echelons of the U.S. intelligence community. For eight months, the office of Director of National Intelligence (DNI) Tulsi Gabbard has held a misconduct complaint from reaching the congressional intelligence committees, a delay an attorney for the anonymous complainant calls unjustified and potentially unlawful.

Andrew Bakaj, the attorney representing the whistleblower, stated Monday that his client's complaint has been stalled since last spring under the pretext of a necessary "legal review." Federal law typically mandates that such complaints, after an initial inspection, be forwarded to the relevant House and Senate intelligence oversight panels.

Gabbard's office pushed back strongly against the characterization. Press Secretary Olivia Coleman asserted there has been "no delay" in the process, attributing the timeline to the "substantially more difficult" review required due to the classified nature of the complaint's details. She emphasized that the Intelligence Community Inspector General (ICIG) — an office not under Gabbard's control and established during the Biden administration — had already reviewed the allegations and found them "not credible."

"DNI Gabbard unequivocally supports the legal rights of whistleblowers to submit complaints to Congress, a principle she affirmed under oath," Coleman stated in a written response. "This includes complaints that, as in this instance, have been determined to be baseless following a rigorous, independent review."

The controversy arrives at a sensitive time for Gabbard, who coordinates the nation's 18 intelligence agencies. Her visible presence last week during an FBI operation at a Georgia election office — a site connected to disproven claims of 2020 election fraud — had already drawn pointed questions from Democratic committee members about the appropriateness of a spy chief's involvement in domestic law enforcement activities.

Bakaj, a former CIA officer who previously represented the whistleblower in the first impeachment of President Donald Trump, has now formally requested Congress investigate the handling of his current client's complaint. The situation tests Gabbard's confirmation hearing pledge to protect whistleblower channels and ensure Congress is fully informed.

Senator Mark Warner (D-Va.), Chairman of the Senate Intelligence Committee, underscored this expectation. "The DNI made a clear commitment to uphold the law and ensure timely communication with this committee," a spokesperson for Warner said. "We expect those commitments to be honored in both letter and spirit."

The ICIG's office did not immediately respond to requests for comment on the specific complaint. The stalemate highlights the perennial tension between the executive branch's handling of internal complaints and Congress's constitutionally mandated oversight role, particularly in the secretive realm of intelligence.

Reaction & Analysis

Dr. Evelyn Reed, former congressional staffer for the House Permanent Select Committee on Intelligence: "This isn't just about one complaint. It's about the integrity of the entire process. When the pipeline of information to Congress is clogged, especially on matters of conduct, it undermines the foundational checks and balances for our intelligence apparatus. The 'legal review' rationale is a common bottleneck that needs stricter time limits."

Michael Thorne, national security fellow at the Jefferson Institute: "The ICIG's finding of 'not credible' is a significant factor here. While timelines matter, the substance of the allegation was vetted and dismissed by an independent entity. The DNI's office has a duty to protect sensitive sources and methods, which a complaint laden with classified details could inadvertently expose. Their caution, while frustrating, is not necessarily malfeasant."

Sarah Chen, editor of 'The Oversight Digest' newsletter: "This is an outrageous abuse of power. Holding a complaint for eight months is a tactic, not a review. It's designed to run out the clock, demoralize the whistleblower, and avoid accountability. Gabbard's recent political theater in Georgia shows a pattern of blurring lines. Congress must subpoena the complaint immediately and hold her in contempt if she refuses. The law is clear, and she's flouting it."

General (Ret.) David P. Miller: "Having led agencies with whistleblower protocols, I see two failures: communication and clarity. The DNI's office should have proactively and regularly briefed the committee chairs on the status, explaining the genuine complexities. Silence breeds mistrust. Both sides need to return to the core mission—protecting national security—and fix this broken process."