The Intelligence Community Inspector General hand-delivered a highly classified whistleblower complaint involving DNI Tulsi Gabbard to top congressional leaders after an eight-month delay tied to classification disputes, a 43‑day government shutdown and ODNI leadership turnover. The May 21, 2025 complaint alleged politically motivated limits on distribution of a classified report and a legal office's failure to refer a potential crime to DOJ. Former acting IC IG Tamara Johnson initially deemed it an "urgent concern" but later found one allegation not credible; IC IG Christopher Fox obtained Gabbard's approval on Jan. 30, 2026, before delivering the material to the Gang of Eight for read-and-return review.
Classified Whistleblower Complaint Alleging Misconduct by DNI Tulsi Gabbard Delivered to Congress After Eight-Month Delay
File: Director of National Intelligence Tulsi Gabbard at the White House, Oct. 23, 2025. / Credit: Alex Wong / Getty Images(Alex Wong / Getty Images)
An intelligence community watchdog has delivered a highly classified whistleblower complaint involving Director of National Intelligence Tulsi Gabbard to senior congressional leaders after an eight-month delay tied to classification disputes, a 43‑day government shutdown and leadership turnover at the Office of the Director of National Intelligence (ODNI), according to an Feb. 2 letter from the Intelligence Community Inspector General (IC IG) and reporting by CBS News.
In the letter to the chairs and ranking members of the House and Senate intelligence committees, IC IG Christopher Fox said he obtained final authorization from DNI Tulsi Gabbard on Jan. 30, 2026, to share the complaint with a limited circle of lawmakers. The complaint was originally filed on May 21, 2025.
Fox said the complaint had been "administratively closed" in June 2025 under prior IG leadership and that no further investigative steps were taken at that time. He wrote that if the same matter came before him today, he would likely determine the allegations did not meet the statutory definition of an "urgent concern," a finding that undercuts claims the matter required immediate congressional notice.
"[I]f 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.
Fox personally hand-carried the classified complaint to members of the "Gang of Eight" — the small group of congressional leaders with top-level intelligence access — who reviewed the materials on a strict read-and-return basis. They also received copies of former acting IC IG Tamara Johnson's original and supplemental determination memos.
The whistleblower, an intelligence community employee, alleged that a highly classified report was deliberately limited in distribution for political reasons and that an agency legal office failed to refer a potential crime to the Justice Department for political reasons, according to Fox's letter. Tamara Johnson initially found the complaint met the legal definition of an "urgent concern" if the allegations were true but said she could not assess credibility at that time. After receiving more information, Johnson issued a supplemental memo concluding one allegation was not credible while remaining unable to fully evaluate the other.
Fox's letter lays out the reasons for the prolonged delay in sharing the complaint with Congress. His office cited complexity in classification decisions, a 43‑day government shutdown that began Oct. 1, 2025, and ODNI leadership changes including confirmation of a new general counsel. Access issues also complicated consultation: ODNI's general counsel, Jack Dever, could not view the material until Dec. 1, and on Dec. 4 Fox and Dever raised the matter directly with DNI Gabbard. Dever later told Fox guidance was "pending a review by the White House Counsel for a potential assertion of executive privilege." Final DNI security guidance arrived on Jan. 30, 2026.
Reactions from congressional leaders were immediate. House Intelligence Chairman Rick Crawford (R‑Ark.) said he and Ranking Member Jim Himes reviewed the complaint and agreed with the prior non‑credible finding, calling media coverage a smear. Senate Intelligence Vice Chairman Mark Warner (D‑Va.) said he would review the complaint imminently and criticized Gabbard for the delay; Warner's office said the timeline raised concerns about her understanding of the role's obligations. Spokespeople for Himes and Senate Intelligence Chairman Tom Cotton declined to comment.
The whistleblower's attorney, Andrew Bakaj, told CBS News that ODNI had been withholding the complaint from Congress without clear explanation and argued the process could have moved faster. Fox stressed the underlying intelligence was exceptionally sensitive: he said only one prior whistleblower case (in 2020) required such tightly controlled delivery, noting the information would normally be shared via oral briefing to senior congressional leaders rather than a written, hand‑delivered package.
The IC IG's Feb. 2 letter and related memos are now part of the congressional record documenting how a whistleblower complaint involving the nation's top intelligence official was handled over the past nine months.
What Happens Next
Members of the Gang of Eight have reviewed the material on a read-and-return basis. Further congressional action — whether new inquiries, hearings or requests for additional evidence — will depend on how committee leaders interpret the complaint, the IG memos and any follow-up information from ODNI or the whistleblower.
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