Andrew P. Bakaj | |
|---|---|
 | |
| Born | |
| Education | The George Washington University (BA) Syracuse University (JD) |
| Occupation | Attorney |
| Known for | Lead counsel for the Whisteblower during theImpeachment Inquiry and the subsequentfirst Impeachment of President Donald Trump |
| Website | https://compassrosepllc.com |
Andrew P. Bakaj (/bɑːkɑːi/;Ukrainian:Андрі́й П. Бакай; b. 1982) is an Americanattorney and former intelligence officer with theCentral Intelligence Agency. He was the principal attorney representing thewhistleblower who filed the initial complaint that led to the launch of multiple investigations by theUnited States Congress into theTrump–Ukraine scandal, theimpeachment inquiry into President Donald Trump, and, ultimately, thefirst impeachment of Donald Trump.[1][2][3][4][5][6]
Bakaj is the founding and managing partner of Compass Rose Legal Group. He represented multiple whistleblowers and government officials in the U.S. House of Representatives investigations into theTrump Administration.[7][8][9] Previously while serving as a U.S. government official, he designed the legal and investigative apparatus to protect intelligence community whistleblowers.[2]
Bakaj was born in Stamford, Connecticut, and is a graduate ofTrinity Catholic High School. He subsequently attendedThe George Washington University,Elliott School of International Affairs in Washington, D.C., from which he earned a bachelor's degree in International Affairs with a concentration in National Security Policy.
Bakaj earned hisJuris Doctor fromSyracuse UniversityCollege of Law in Syracuse, New York, specializing in national security law and public international law.[10][11]
He is of Ukrainian descent and isUkrainian Catholic.[12][13]
Bakaj began his career with SenatorDaniel Patrick Moynihan in both the Senator's Washington and Manhattan offices. He subsequently worked for SenatorsCharles Schumer andHillary Clinton. Bakaj's internship with Clinton coincided with theSeptember 11 attacks, and he worked directly for her foreign policy advisor. Subsequently, in 2002, Bakaj served theDepartment of State overseas with the U.S. Embassy inKyiv,Ukraine.
Bakaj continued his public service while in law school, clerking with theDepartment of Justice. Upon graduating law school, he became a government official with theDepartment of Defense Office of Inspector General and subsequently theCentral Intelligence Agency Office of Inspector General.[14]
Bakaj worked on whistleblower reprisal investigations at the Department of Defense.[14] He later transitioned to the CIA, where he was in charge of implementingPresidential Policy Directive 19 (PPD-19), Protecting Whistleblowers with Access to Classified Information.[15]
In 2014, Bakaj was instrumental in protecting CIA officers within the Office of Inspector General who reported misconduct within their chain-of-command and, ultimately, to him. The disclosures included allegations that individuals within his own office (the CIA Office of Inspector General) fabricated evidence in a federal criminal investigation in order to obtain a false prosecution.[16]
In elevating the matter, he protected the whistleblowers who disclosed the information to him. Because he refused to compromise their identity, Bakaj himself was ultimately reprised against by then-Inspector GeneralDavid B. Buckley, an Obama appointee.[17]
In 2017, PresidentDonald Trump nominatedChristopher Sharpley to assume the role of CIA Inspector General. Shortly after Sharpley's confirmation hearing, Bakaj presented evidence to theSenate Select Committee on Intelligence establishing that Sharpley was less than candid during his confirmation hearing. As a result of Bakaj's disclosure, the White House subsequently withdrew Sharpley's nomination. In 2018 Sharpley resigned from the CIA.[18]
In 2019, a years-long investigation found that Buckley illegally reprised against Bakaj.[17]
Upon transitioning from government service, Bakaj assumed the role as Special Of Counsel with Mark S. Zaid, P.C. and founded Compass Rose Legal Group, PLLC.
| Trump–Ukraine scandal |
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.jpg) A request by U.S. presidentDonald Trump (right) to Ukrainian presidentVolodymyr Zelenskyy (left) to investigateJoe Biden andhis son sparked the scandal. |
| Events |
| People |
Justice Department |
Defense Department |
National Security Council |
Intelligence |
Surrogates |
| Companies |
| Conspiracy theories |
Bakaj was lead counsel representing thewhistleblower who filed the initialcomplaint that led to the launch of multiple investigations by theUnited States Congress into theTrump–Ukraine scandal, theimpeachment inquiry into President Donald Trump, and, ultimately, thefirst Impeachment of Donald Trump.[3][4][5][6][19] Bakaj's co-counsel wasMark Zaid.
A friend of the whistleblower, who is an attorney and an expert on national security law, referred the whistleblower to Bakaj, who had more expertise on whistleblower procedure and law. Bakaj provided the whistleblower guidance on filing the complaint. On August 11, 2019, per Bakaj's guidance, the whistleblower filed the complaint with theInspector General of the Intelligence Community (IGIC).[20] The whistleblower's complaint was deemed credible and a matter of "urgent concern" by the IGIC.[21] Under federal law, when the IGIC determines that a complaint credibly raises an urgent concern, he or she forwards it to the relevant agency head (here, the DNI), who is required to forward it to the congressional intelligence committees within seven days.[22] In this case, however, ActingDirector of National IntelligenceJoseph Maguire withheld the complaint from Congress.[23]
On September 9, 2019, Bakaj hand-delivered aletter informing theHouse Permanent Select Committee on Intelligence of the complaint's existence and that “The ICIG has informed [Bakaj] that . . . . my client’s disclosure will not be transmitted to Congress because the Acting Director of National Intelligence views the matter as 'outside the scope' of the applicable whistleblower statute". The next day, the committee's Democratic chairman,Adam Schiff, wrote Maguire demanding the release the complaint, and was rebuffed. Maguire later testified that the White House counsel had told him he could not release the whistle-blower's complaint to Congress because it was covered by executive privilege. Schiff went public. Facing a subpoena, the DNI finally released the complaint to Congress on September 25, 2019.[24]
On September 24, 2019, because his client's complaint was being blocked from transmittal to Congress, Bakaj sent aletter to Maguire providing "formal notice" of his intent to contact congressional intelligence committees directly concerning the matter. The following day the White House authorized the complaint be transmitted to congress.[25]
On November 7, 2019, Bakaj sent aletter to the White House warning President Trump to "cease and desist" calling for the public disclosure of the whistleblower's identity and "engaging in rhetoric and activity that places the whistleblower and their family in physical danger." He said the president would be legally and morally liable if anyone were to be "physically harmed as a result of his, or his surrogates', behavior."[26]
It has been reported that Bakaj and his co-counsel,Mark Zaid, have received death threats that are being investigated by the FBI.[24]
In aNew York Times op-ed on March 2, 2020, Bakaj advocated protecting, expanding, and enhancing federal whistleblower protection laws.[27]
In aWashington Post op-ed on April 14, 2020, Bakaj expressed concern about the purging of inspectors general followingMichael Atkinson's firing by President Trump, stating that "alarm bells should be going off". Bakaj and authors Zaid andJohn Tye discussed the impact of such actions. In light of the President questioning the independence and integrity of theHealth and Human Services Inspector General and removingGlenn A. Fine as chairman overseeing the Pandemic Response Accountability Committee, a position for which he was selected by his peers, they wrote about the need for effective government oversight during theCOVID-19 Global Pandemic.[28]
Following her initial disclosures, Bakaj took over as lead counsel representingFrances Haugen for her whistleblower activities againstFacebook in what has become known as theFacebook Files. In October 2021 theWashington Post reported “Andrew Bakaj, who represents Haugen at Whistleblower Aid, said it was ‘immediately clear’ that she had materials that were critical for lawmakers and regulators seeking to hold the company accountable. ‘She's a perfect example of why whistleblowers are so important: Without her, we didn’t know what we didn’t know,’ Bakaj told thePost.”[29]
Bakaj was among the attorneys representing Lieutenant ColonelEugene Vindman, whose twin brotherAlexander Vindman served as a key witness in President Donald Trump's first impeachment, in a whistleblower reprisal complaint filed with the Pentagon's Inspector General.[30] In May 2022, the Department of Defense Inspector General found that Trump administration officials had unlawfully retaliated against Vindman for his protected communications.[31] Vindman was subsequently elected to Congress in November 2024, representingVirginia's 7th congressional district.[32]
Bakaj was also part of the team representingBrian Murphy, the former Acting Under Secretary for the Office of Intelligence and Analysis at the Department of Homeland Security, who alleged he was directed to suppress intelligence assessments on Russian election interference and white supremacist threats.[33]
