Administration Invokes Executive Privilege to Withhold Gabbard Whistleblower Materials From Congress

Key congressional reviewers who were finally permitted to examine a whistleblower complaint tied to Director of National Intelligence (DNI) Tulsi Gabbard found the document heavily redacted, raising fresh questions about transparency and compliance with disclosure rules.

According to a Wall Street Journal report based on an email sent to Democratic congressional staffers, the Trump administration declined to provide lawmakers the unredacted classified intelligence that underpinned the complaint, citing presidential assertions of executive privilege.

What Happened

The Feb. 13 email, reviewed by The Wall Street Journal, said Gabbard’s office could not produce the unredacted intelligence "due to the assertion of executive privilege to portions" of that material. Top Democrats on the intelligence committees — Sen. Mark Warner (D‑Va.) and Rep. Jim Himes (D‑Conn.) — have since written to the Office of the Director of National Intelligence asking who asserted privilege over the report and the legal basis for doing so.

Timeline And Allegations

The whistleblower complaint, which became public earlier this month, was reportedly filed in May. By law, the DNI’s office was required to share such a complaint with designated congressional leaders within 21 days, but roughly eight months passed before a small group of lawmakers were allowed to review a redacted copy.

Tulsi Gabbard testifies during her confirmation hearing before the Senate Intelligence Committee on Jan. 30, 2025 in Washington, D.C.(Kevin Dietsch / Getty Images)

Two weeks ago, reporting indicated U.S. intelligence agencies had intercepted a sensitive phone conversation between two foreign nationals that referenced someone close to President Trump. Andrew Bakaj, the whistleblower’s attorney, said Gabbard took that intelligence directly to White House Chief of Staff Susie Wiles while limiting access across the intelligence community. MS NOW reported that the intercepted exchange concerned Jared Kushner and a private citizen representing the U.S. in sensitive international negotiations.

"If the intercepted comments were merely gossip, why is the administration asserting executive privilege to withhold the underlying material from Congress?" the reporting asked.

Responses And Oversight Questions

The administration and Gabbard’s office have issued denials and pointed reporters to prior communications asserting that disclosure rules were followed. A senior U.S. official told MS NOW that an intelligence agency did intercept a discussion about Kushner but characterized the remarks as "gossip." That characterization prompted lawmakers and former national security officials to question why executive privilege would be invoked in this circumstance.

Former NSA general counsel Glenn Gerstell told The Wall Street Journal that invoking executive privilege to withhold material from the Gang of Eight is uncommon. (The Gang of Eight comprises the leaders of both parties in both chambers and the top intelligence committee members and has special access to highly sensitive intelligence.)

Sen. Warner and Rep. Himes have asked the DNI to disclose who asserted privilege and the legal basis for the claim. The dispute highlights ongoing friction between congressional intelligence overseers and the administration over access to classified material. Developments are ongoing and likely to prompt further oversight activity.

Sources: The Wall Street Journal, MS NOW, statements from lawmakers and legal representatives cited in reporting.