Newly declassified FBI files reveal explosive allegations that Sen. Adam Schiff authorized the leak of classified information in 2017 to damage then-President Donald Trump.
The damning claims emerged from a declassified 302 FBI document released by Director Kash Patel on Monday, featuring testimony from a Democratic whistleblower who served on the House Permanent Select Committee on Intelligence. According to the Washington Examiner, the allegations could expose the former committee chairman to multiple felony counts and a lengthy prison sentence if investigated by the Trump administration's Justice Department.
The whistleblower, described as a longtime Democratic staffer with over two decades in the intelligence community, told FBI agents that committee Democrats were in an "indescribable" mood after Trump's 2016 victory. Schiff had expected to be appointed CIA director under Hillary Clinton, and classified leaks began soon after as Democratic leaders saw disclosures as a way to "topple the administration" and "fix the constitutional crisis."
The whistleblower recounted attending an all-staff meeting where Schiff allegedly "stated the group would leak classified information which was derogatory to President of the United States Donald J. Trump." According to the testimony, Schiff indicated the leaked information "would be used to indict President Trump."
When the witness objected to the plan, others reportedly reassured him that "they would not be caught." The whistleblower later refused another request to leak classified information, calling the plan "unethical and treasonous."
The FBI opened a classified media-leak investigation code-named ARCTIC HAZE on August 14, 2017, focusing on unauthorized disclosures in eight news articles from April to June 2017. Department of Justice officials said these articles contained information classified at the highest levels.
Despite multiple FBI interviews, including one where the whistleblower participated in a mock grand jury, the Biden DOJ chose not to pursue charges. The decision cited protections under the Constitution's speech or debate clause, though the whistleblower told investigators he "did not believe" those protections applied to Schiff's actions.
The witness also revealed that leaks were sometimes routed through both Schiff and Rep. Eric Swalwell, who allegedly "had a reputation for leaking classified information." The whistleblower was described as someone who maintained friendships with both Schiff and former House Intelligence Committee Chairman Devin Nunes, suggesting no clear partisan motivation.
Notably, the whistleblower's credibility appears strong given his willingness to make statements to FBI agents in a setting where false statements carry felony risk. Legal experts emphasize that lying to federal agents is a crime that has been repeatedly prosecuted during previous administrations.
George Washington University law professor Jonathan Turley called the whistleblower's account "truly chilling" if accurate, describing it as unusual in its alleged brazenness. Turley noted that the chairman of the House Intelligence Committee "doesn't have declassification authority over these types of documents," which are made available to Congress under tightly controlled rules.
If proven accurate, Turley said the conduct could result in "multiple counts" and "easily go 10 years in terms of sentence, if not more." He explained that each leaked document would likely be charged separately using a "count stacking" approach similar to that employed by special counsel Robert Mueller.
Former U.S. Attorney Brett Tolman emphasized that the speech or debate clause "is not a defense to criminally leaking and violating our classified document laws." Tolman noted that members of Congress are explicitly warned upon taking office that unauthorized disclosures are crimes and must review classified materials only in secure facilities.
President Biden granted Schiff a limited pardon in one of his final acts in office, but the immunity only covers conduct related to his role on the January 6 select committee. The narrow scope means the pardon would not apply to the alleged 2017-2018 classified leaks or a separate mortgage fraud investigation involving accusations that Schiff falsely claimed two primary residences for favorable loan terms.
Tolman explained that punishment for leaking can include fines of up to $250,000 per count, with enhanced sentencing if prosecutors prove the leak's purpose was to damage an opponent. He believes the alleged conduct represents "the beginning of a conspiracy to take down a president," with related statutes potentially carrying penalties of up to 20 years.
Schiff's office dismissed the whistleblower as a disgruntled former staffer, calling Patel's revelations "absolutely and categorically false." His spokesperson claimed the allegations were "found to be not reliable, not credible, and unsubstantiated from a disgruntled former staffer who was fired by the House Intelligence Committee for cause in early 2017."
