Last month, Mr. Trump pushed Senate Republicans to cancel his own nominee’s hearing, saying Clayton’s nomination should not move forward until the Senate approved a replacement for him in his current role as U.S. attorney for the Southern District of New York. Mr. Trump also suggested that the nomination process was moving too quickly and would prevent his controversial pick for acting intelligence chief, Bill Pulte, from temporarily taking the helm.
Mr. Trump’s selection of Pulte, a housing official, as acting director roiled the Senate last month, and led Democrats to refuse to agree to an extension of a warrantless surveillance program under Section 702 of the Foreign Intelligence Surveillance Act. Senate Republicans had been moving quickly to confirm Clayton with the hope of breaking a logjam on the surveillance program a few days after it expired. But the president dashed those plans when he pushed for the mid-June hearing to be canceled.
Soon afterward, Senate Intelligence Committee Chairman Tom Cotton announced that the hearing had been postponed. The Arkansas Republican called it “regrettable that the president has directed Jay Clayton not to appear at his confirmation hearing.”
“Mr. Clayton is a patriot and a highly qualified nominee, as the president has said repeatedly,” Cotton wrote on X at the time. “I look forward to proceeding with his confirmation in the near future.”
Now, as Clayton appears Wednesday for his belated confirmation hearing, Section 702 remains lapsed, and Pulte has been the acting DNI since June 19.
In his opening statement, Cotton praised Clayton, calling him a “seasoned professional in both government and private practice” and someone who’s “operated with morality, decency and integrity.” The Arkansas Republican also expressed his view that the Office of the Director of National Intelligence should be pared down, saying, “the right number of staff at the ODNI would number in the dozens, maybe a couple hundreds at the maximum, but certainly not the thousands of recent years.”
“Congress intended the ODNI to be a lean and efficient organization to keep bureaucratic intelligence agencies at bay,” Cotton said. “Some 20 years later, the ODNI has unfortunately become yet another bloated agency that incentivizes bureaucratic make-work as opposed to genuine intelligence work.”
The opening for the top intelligence post came after former Director of National Intelligence Tulsi Gabbard said in May that she would resign due to her husband’s cancer diagnosis. The next week, Mr. Trump announced Pulte as acting director. And after intense pushback over the pick, and pressure from Senate Republicans to select a long-term director, Mr. Trump announced Clayton would be his permanent pick for the role on June 11 — hours before the warrantless surveillance authority was set to expire.
Clayton is well regarded by Republicans and Democrats and leads the U.S. Attorney’s Office in one of the highest-profile and most prestigious jurisdictions in the country. He had a lengthy career at the law firm Sullivan & Cromwell, which is representing the president in his appeal of his criminal conviction for hiding a $130,000 payment to adult film star Stormy Daniels, as well as his appeal in a civil fraud lawsuit brought by New York Attorney General Letitia James.
Clayton may face questions about subpoenas he issued to three New York Times journalists last week after they reported that the new Air Force One, which was donated by Qatar, does not have all of the advanced security features possessed by the older planes. The Times said that the journalists were ordered to testify before a Manhattan federal grand jury on Wednesday, the same day as Clayton’s confirmation hearing.
During the first Trump administration, Clayton served as the head of the Securities and Exchange Commission.
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