Legal AF Podcast
Legal AF Podcast
February 8, 2026

LIVE: Whistleblower SOUNDS ALARM on Trump SCANDAL Gabbard Tried to BURY

Quick Read

A lawyer representing two whistleblowers details how DNI Tulsi Gabbard allegedly obstructed a critical intelligence report for eight months, mirroring the first Trump impeachment scandal but with extended delays and new assertions of executive privilege.
Gabbard allegedly blocked an intelligence report concerning someone close to the president from reaching Congress for eight months.
The ICIG's 'not credible' finding was suspiciously reversed after Gabbard's office allegedly interfered, and executive privilege is now cited for redactions.
This obstruction is significantly longer than the three-week delay that triggered Trump's first impeachment, raising serious national security and oversight concerns.

Summary

Andrew Bakaj, the attorney for both the first Trump-era whistleblower and a new intelligence community whistleblower, reveals how DNI Tulsi Gabbard allegedly obstructed the transmission of an urgent and credible intelligence report to Congress for eight months. The report, concerning activity by someone close to the president, was initially deemed urgent by the acting Intelligence Community Inspector General (ICIG) but later deemed 'not credible' after Gabbard allegedly placed a monitor in the ICIG's office and asserted executive privilege. This situation draws direct parallels to the 2019 Ukraine scandal, where a similar report was delayed for three weeks, ultimately leading to Trump's first impeachment. Bakaj emphasizes that the process has been weaponized to hide information, preventing Congress's 'Gang of Eight' from accessing critical intelligence, and highlights flaws in the ICIG's credibility determination process.
This situation highlights a potential severe obstruction of justice and congressional oversight, directly impacting national security by preventing critical intelligence from reaching appropriate decision-makers. The alleged manipulation of whistleblower processes and the assertion of executive privilege to hide politically embarrassing information undermine government transparency and accountability, echoing and potentially escalating issues seen in previous administrations.

Takeaways

  • DNI Tulsi Gabbard allegedly obstructed an urgent intelligence whistleblower report for eight months, significantly longer than the three-week delay in the 2019 Ukraine scandal.
  • The intelligence report pertains to activity conducted by someone close to the president, with Gabbard directing its distribution to be halted within the intelligence community.
  • The ICIG initially deemed the matter urgent but couldn't determine credibility; this was later reversed to 'not credible' after Gabbard's office allegedly placed a monitor in the ICIG's office.
  • Executive privilege is now being asserted to redact the underlying classified information from Congress, preventing even the 'Gang of Eight' from full access.
  • The standards used by the ICIG for determining credibility are criticized as flawed, potentially allowing wrongdoers to easily dismiss whistleblower claims.
  • The process has been 'weaponized' to hide information, preventing Congress from fulfilling its oversight role under Article One.

Insights

1DNI Gabbard Obstructed Intelligence Report for Eight Months

DNI Tulsi Gabbard is accused of obstructing the transmission of an urgent intelligence whistleblower report and its underlying classified document to Congress for eight months. This significantly exceeds the three-week delay by DNI Joseph Maguire in 2019 concerning the Trump-Zelensky call, which led to Trump's first impeachment.

The host states, 'DNI Tulsi Gabbard, director of national intelligence Tulsi Gabbard, obstructed transmitting this report and the underlying classified document the report is based on to Congress, not for 3 weeks, but for 8 months.' Andrew Bakaj confirms the accuracy of the host's opening statement.

2Intelligence Pertains to Activity by Someone Close to the President

The underlying intelligence, collected in the spring of last year, captures activity conducted by an individual close to the president. Gabbard allegedly directed this intelligence not to be distributed further within the intelligence community and made herself the only one on the distribution list, after discussing it with the president's chief of staff, Susie Wilds.

Bakaj explains, 'In the spring of last year, there was intelligence that was gathered by an agency that that captured um activity that's being conducted by somebody close to the president... she directed that intelligence not be distributed any further within the intelligence community.'

3Executive Privilege Asserted to Redact Information from Congress

While the intelligence is not considered overclassified, executive privilege is now being asserted to redact portions of the underlying disclosure transmitted to Congress. This prevents even the 'Gang of Eight' (top congressional leaders with highest clearances) from seeing the full, unredacted information, raising concerns about hiding politically embarrassing details.

Bakaj states, 'there's an assertion of uh executive privilege. And as I understand it, whatever has been transmitted to Congress... they're not redacting for Congress because of the classification. Now, they're redacting from Congress because they're asserting executive privilege.'

4ICIG Credibility Determination Reversal and Alleged Interference

The acting ICIG, Tamara Johnson, initially deemed the whistleblower's disclosure urgent but couldn't determine its credibility. Two days later, after news reports surfaced about Gabbard placing Dennis Kirk in the ICIG's office to monitor activity, Johnson reversed her decision, finding the disclosure 'not credible.' This reversal and the alleged monitoring raise serious questions about the independence and neutrality of the ICIG's office.

Bakaj reveals, 'I did not know until this week that two days later the acting IG received a new information presumably by Tulsa Gabbard... and reversed her or corrected her decision in an amended memorandum saying that she found that the disclosure was not credible.' He adds, 'Tulsa Gabbard had placed this person into the ICIG's office to monitor the activity within the IG's office. That destroys the independence and neutrality of the IG.'

5Flawed Credibility Standards Impede Whistleblower Process

The ICIG's method for determining credibility is criticized as flawed. If a whistleblower provides secondhand information (e.g., heard in a meeting) and the alleged wrongdoer denies it (firsthand account), the wrongdoer's account is given higher credibility, effectively shutting down investigations without proper fact-finding. This undermines the purpose of the 14-day urgent concern process, which is meant for initial determination, not full investigation.

Bakaj explains, 'if information is provided by a whistleblower that may be secondhand... and when they speak to the alleged subject of the investigation... and they say, 'Well, I didn't do it.' that person's credibility because they're talking about themselves firsthand is higher than somebody saying that they heard this... and that shuts it down. That's not that's a crazy way of determining credibility in my mind.'

Lessons

  • Support Whistleblower Aid (whistleblower.org/beans), a non-profit providing free legal services and wraparound support to federal employees, including intelligence officers, to ensure lawful disclosure of wrongdoing.
  • Advocate for flipping Congress to ensure that committees have the power and control to investigate issues like this, especially if current majorities are unwilling.
  • Encourage members of Congress to act apolitically and with courage to assert their oversight role, initiating investigations into the withholding of intelligence, DNI Gabbard's actions, and the ICIG's credibility determination process.

Quotes

"

"The process has I think been weaponized unfortunately in favor of hiding what happened."

Andrew Bakaj
"

"They're not redacting for Congress because of the classification. Now, they're redacting from Congress because they're asserting executive privilege."

Andrew Bakaj
"

"Tulsa Gabbard had placed this person into the ICIG's office to monitor the activity within the IG's office. That destroys the independence and neutrality of the IG."

Andrew Bakaj

Q&A

Recent Questions

Related Episodes

Joe Kent Reveals All in First Interview Since Resigning as Trump’s Counterterrorism Director
The Tucker Carlson ShowMar 19, 2026

Joe Kent Reveals All in First Interview Since Resigning as Trump’s Counterterrorism Director

"Former Counterterrorism Director Joe Kent details how US foreign policy in the Middle East, particularly regarding Iran, is driven by Israeli interests and a 'misinformation campaign,' leading to disastrous outcomes for American interests and national security."

US Foreign PolicyIsraeli LobbyNational Security+2
LIVE: DEM SENATORS ADDRESS UNLAWFUL WAR!!
Legal AF PodcastMar 18, 2026

LIVE: DEM SENATORS ADDRESS UNLAWFUL WAR!!

"Democratic Senators, joined by VoteVets, forcefully condemn the administration's 'unlawful war' in Iran, citing constitutional overreach, devastating human and economic costs, and a deliberate lack of transparency and congressional oversight."

War Powers ResolutionExecutive OverreachCongressional Oversight+2
Did Israel Drag Us Into the Iran War?
Bulwark TakesMar 3, 2026

Did Israel Drag Us Into the Iran War?

"The US administration's rationale for its large-scale military action against Iran is critiqued as incoherent and potentially influenced by Israel's independent actions, while a major conflict between the Pentagon and leading AI firm Anthropic highlights the urgent need for congressional regulation on AI's military and surveillance applications."

US Foreign PolicyExecutive PowerCongressional Oversight+2
Ro Khanna reaveals BOMBSHELL UPDATE on Epstein files
Brian Tyler CohenFeb 10, 2026

Ro Khanna reaveals BOMBSHELL UPDATE on Epstein files

"Congressman Ro Khanna reveals that 70-80% of the Epstein files he reviewed were still illegally redacted, identifying six prominent men whose identities were protected despite legal mandates for transparency."

Government transparencyFBI misconductGhislaine Maxwell+1