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Tulsi Gabbard Is Hunting for “Deep-State Criminals.” Is She Even Following the Law?

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monday

Spy chief Tulsi Gabbard is on the hunt for “deep state” leakers — prompted at least in part by damaging reporting that undermined the White House’s case for an immigration crackdown.

Her leak investigation, however, may already be running afoul of the law, a Senate Intelligence Committee member said this week.

Gabbard failed to notify Congress about her search for leakers despite a law requiring her to do so for “significant” disclosures, Sen. Angus King, I-Maine, said at a Wednesday hearing.

King, who caucuses with the Democrats, said he thought there was no question the law had been triggered.

“If it was important enough to tweet it, it would seem to me it was important enough to notify this committee,” King said.

“If it was important enough to tweet it, it would seem to me it was important enough to notify this committee.”

King’s comments underscored how Gabbard, the director of national intelligence, has managed to alienate committee Democrats at the same time as she has drawn public criticism from President Donald Trump.

Under the disclosure law, Gabbard is also supposed to provide the committee with an initial damage assessment of significant leaks, laying out what kind of harm they have supposedly caused the government. She also has yet to do that, King said.

The law does appear to allow Gabbard’s office some wiggle room. It is only triggered by “significant” leaks, making the formal disclosure something of a judgment call.

The agency has discussed the leaks with committee staff, an official with the Office of the Director of National Intelligence told The Intercept.

If the law hasn’t been triggered, however, that would undermine the case for a leak probe that Gabbard announced in dramatic terms, according to Lauren Harper, the Daniel Ellsberg chair on government secrecy at the nonprofit Freedom of the Press Foundation.

© The Intercept