Jay Clayton, President Donald Trump’s nominee for director of national intelligence, was set to be grilled at a confirmation hearing Wednesday that Republicans hoped would break the gridlock on an expired foreign spy program.
But the president suddenly announced Republicans were “canceling” the hearing until the Senate allows Jamie McDonald to become the next U.S. attorney for the Southern District of New York. McDonald was tapped this week to replace Clayton, the current U.S. attorney for that district.
“I don’t want to take Jay Clayton away from the great job he is doing until Jamie is in place,” Trump said in a 3:54 a.m. post on Truth Social. “In the meantime, Bill Pulte will remain as the Acting Director of National Intelligence.”
It is not yet clear how the Senate Intelligence Committee will proceed. Trump’s post came in the middle of the night, and Clayton was set to appear at 2 p.m. But his announcement scrambles the already tenuous path for Clayton and leaves a bipartisan deal to reauthorize Section 702 of the Foreign Intelligence Surveillance Act further in doubt.
Republicans wanted Clayton confirmed as soon as Thursday, a bid to block interim appointment Pulte from taking over on Friday. And their plan to fast-track his nomination could have done so if Democrats were willing to cooperate.
But Trump’s post is threatening to derail that timeline and, with it, any hope that Section 702, which allows warrantless surveillance abroad, can be renewed after it lapsed last week. Senate Democrats had been demanding that Pulte, a top federal housing official viewed as too loyal to Trump, be removed before giving their votes for that renewal.
It’s also unclear how Trump’s demand on McDonald will be handled, but the president is effectively trying to force Democrats into returning “blue slips” for his nomination as U.S. attorney.
In the Truth Social post, the president fumed that the blue-slip practice, which gives home state senators veto power over a prosecutor nominee, might block McDonald.
“Because of the ridiculous views of Republicans on blue slipping (Dumocrats are often willing to nix it), I may not be able to get the extraordinary Sullivan & Cromwell Partner, Jamie, approved, and I don’t want to take Jay Clayton away from the great job he is doing until Jamie is in place,” Trump said.
His statement compounds the “mixed signals” Democrats were already giving on Clayton, and whether they would help fast-track his confirmation. Democrats stated on Tuesday that their vote would depend on how Clayton performs in his hearing.
“We are all awaiting the hearing, and we’ll make some decisions after that,” Senate Minority Leader Chuck Schumer (D-NY) told reporters on Tuesday. “There are lots of questions that have to be answered.”
Among their concerns is the involvement of Clayton’s office in overseeing the release of the Jeffrey Epstein files, as well as his recent comments echoing unsubstantiated claims that Democrats rigged California’s mayoral election in Los Angeles against a Republican candidate.
Aside from those qualms, Clayton has received bipartisan praise as a serious nominee and someone who could be a steady hand as head of the intelligence community. In the first Trump administration, he was confirmed as chairman of the Securities and Exchange Commission with the help of Democrats.
Clayton had begun meeting with senators on the intelligence panel ahead of his testimony as recently as Tuesday.
“Does he understand the role? Does he understand that, more than most jobs, this job is anchored in facts and not opinions?” Sen. Mark Kelly (D-AZ) told the Washington Examiner. “I am sympathetic — very sympathetic — to the argument of expediting this because of FISA. However, it’s going to be a challenge.”
The Office of the Director of National Intelligence was created in response to the 9/11 terror attacks, and the director is an adviser to the president who oversees an intelligence community consisting of 18 agencies.
REPUBLICANS RACE TO CONFIRM TRUMP DNI PICK JAY CLAYTON TO BREAK SPY PROGRAM GRIDLOCK
Trump and lawmakers from both sides of the aisle have suggested the office has become “bloated” and could be downsized or eliminated altogether. Still, Republicans appear largely on board with confirming Clayton as soon as possible — and ideally before senators leave town for the week on Thursday. That pace would require cooperation from Democrats due to committee and chamber rules.
“I don’t see any obvious red lines, and I think the sooner we can get him confirmed, then maybe the sooner we can get [FISA] reauthorized,” Sen. John Cornyn (R-TX) told the Washington Examiner. “We can’t take the risk, particularly during the World Cup and other times, which we know will be obvious targets, to go blind.”
