Senate Confirms Jay Clayton as Director of National Intelligence
On Tuesday, the Senate approved Jay Clayton, the U.S. attorney for the Southern District of New York, as the new Director of National Intelligence (DNI). This move could lead to the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA).
The confirmation came with a narrow vote of 51-47, marking Clayton as the permanent successor to former DNI Tulsi Gabbard. Initial plans by Republican senators aimed for a swift confirmation process. However, following Congress’s failure to renew Section 702, President Trump requested a delay to confirm another attorney for the Southern District of New York.
Democrats are expected to support the reauthorization since the acting DNI role will no longer be held by Federal Housing Commissioner Bill Pelt. The urgency around Clayton’s confirmation stems from the need to reauthorize Section 702, which permits the government to collect data on Americans without a warrant. The House recently voted against a temporary extension of this section, with a count of 198-218, as 19 Republicans sided with most Democrats in opposition.
Some Democrats expressed their discontent with the reauthorization after a contentious appointment by President Trump. On June 17, Trump instructed the Senate to hold off on Clayton’s confirmation until Jamie McDonald was confirmed as the new attorney for the Southern District of New York. Tom Cotton, chairman of the Senate Intelligence Committee, originally intended to advance the process but decided to postpone the hearing.
“It’s unfortunate that the President advised Jay Clayton not to attend today’s confirmation hearing,” Cotton noted. He emphasized Clayton’s qualifications, expressing optimism about moving the confirmation forward soon.
In the same context, President Trump indicated he would oppose reauthorization of Section 702 unless it included the American Voter Eligibility Protection Act (SAVE).
Senators voted to advance Clayton’s nomination on Monday, with a margin of 51-43. Tensions were evident during his confirmation hearing, as some Senate Democrats were frustrated by Clayton’s refusal to publicly state that President Biden won the 2020 election. Virginia Senator Mark Warner labeled Clayton’s performance as disappointing and announced his intention to vote against the nomination.
During a hearing on July 15, Clayton suggested there was still much to uncover regarding China’s handling of the coronavirus pandemic, urging intelligence agencies to consider releasing more related information.
Despite the objections, some Democrats acknowledged Clayton’s qualifications over Pelt’s. Senate Majority Leader John Thune referred to Clayton as a “really good pick,” highlighting his impressive background and capabilities.
Cotton praised Clayton’s experience in national security prosecutions, stating, “As U.S. Attorney, Jay Clayton worked closely with intelligence and counterterrorism teams to bring to justice those who threaten our national security.” He urged colleagues to support Clayton’s nomination.
Clayton’s tenure will begin following Gabbard’s resignation on May 22, as she stepped down to care for her husband, who is battling a rare form of bone cancer.
Clayton’s legal journey started in 1993 as a law clerk for the U.S. District Court for the Eastern District of Pennsylvania. He joined the global law firm Sullivan & Cromwell in 1995, becoming a partner and co-heading the firm’s corporate practice. In January 2017, he was nominated by President Trump to lead the Securities and Exchange Commission (SEC), a position he held until December 2020. Under his leadership, the SEC took significant enforcement actions, resulting in substantial financial recoveries for harmed investors.
