A Democrat whistleblower’s allegations, backed by newly declassified FBI interview reports, are now threatening to upend the political career of Sen. Adam Schiff (D-CA).
If the whistleblower’s account is accurate and prosecutors pursue the case, Schiff could face not only career-ending political consequences but also staggering financial penalties and lengthy prison terms.
As Tolman noted, the legal exposure could multiply quickly: “It depends on the counts in the indictment… The fine is up to $250,000 for every leak that’s charged.”
The claims date back to Schiff’s time in the U.S. House, when he served as the ranking member — and later chairman — of the House Intelligence Committee during the Trump–Russia investigation.
The whistleblower, who worked for Democrats on the committee for more than a decade, repeatedly told the FBI starting in 2017 that Schiff had authorized leaking classified intelligence to the media to damage then-President Donald Trump.
The whistleblower said that in an all-staff meeting, Schiff declared that “the group would leak classified information which was derogatory to President of the United States Donald J. Trump” and that the leaks “would be used to indict President Trump.”
The whistleblower claimed he immediately objected, telling Schiff the plan was “unethical and possibly treasonous,” but was assured by others that “we would not be caught leaking classified information.”
The source informed federal agents that Schiff believed he had received a promise to become the CIA Director should Hillary Clinton win the 2016 election. The whistleblower identified Rep. Eric Swalwell (D-CA) as a likely conduit for the leaks and said he was abruptly fired after raising the issue with the FBI.
Despite the seriousness of the allegations, the whistleblower says FBI leadership, including Director Christopher Wray, did nothing. He claims to have repeated the same account to agents from the bureau’s St. Louis office in 2023, again with no action taken.
Now, former U.S. Attorney Brett Tolman is warning of the potential penalties Schiff could face if prosecutors were to bring charges. In a conversation with political commentator Benny Johnson, Tolman explained that leaking classified information carries steep financial and criminal penalties.
“Yeah. I mean, the fine is up to $250,000 for every leak that’s charged, so it depends on the counts in the indictment,” Tolman told Johnson. “Also, keep in mind, some of the punishment hinges on the purpose of the classified leak or the possession of classified documentation illegally. The purpose becomes very important.”
Tolman said the context of the leak could prove decisive in determining punishment.
“I believe this was, in essence, the beginning of a conspiracy to take down a president, to impact his ability to lead,” he said. “There are other statutes — conspiracy statutes, interference with official proceedings, et cetera. A lot of people have a question about treason — ‘Is it treason?’ You probably don’t satisfy the elements for treason, but there are some related crimes that could come into play.”
Tolman added that if prosecutors found an intent “to undermine the United States,” the penalties could reach “up to 20 years in federal prison.”
The FBI’s inaction on the allegations fits into what critics describe as a pattern under Director Wray of shielding politically connected figures. Kash Patel, a former Trump administration official, has accused the bureau of ignoring serious misconduct while aggressively targeting political opponents.
Patel has pointed to the FBI’s use of confidential informants ahead of the Jan. 6 protests as proof that the agency had foreknowledge of events but failed to act appropriately.
Schiff has not yet issued a public response to the newly surfaced allegations. In the past, he has denied leaking classified material and characterized such claims as partisan attacks meant to discredit his oversight work.
