I’m surprised that no one has pointed out that since she and her general counsel were subjects of the complaint, Gabbard and her office have a clear conflict of interest in making any determination. This made it clearly inappropriate for them to have played a substantive or even a procedural role in its handling. This is spelled out under a number of different authorities, including executive branch ethics regulations, which cover the DNI, and intelligence community constraints.

It’s baffling, to say the least, that Gabbard did not recuse herself from this matter.

We don’t know why Gabbard continues to aggressively obstruct this whistleblower complaint. It sounds like she’s more concerned with protecting Jared Kushner, and perhaps Trump himself, than the public she’s supposed to serve. But we do know this: The ICWPA system for intelligence community whistleblowers depends on the knowledge, trust, credibility and good faith of the director of national intelligence. It’s a fatal flaw to make that person an intermediary, much less a gatekeeper, on a whistleblower’s path to congressional oversight.