Senate committee advances Jay Clayton's nomination for intelligence chief over Democrats' opposition

Washington — The Senate Intelligence Committee on Tuesday moved Jay Clayton’s nomination for director of national intelligence one step closer to a full Senate vote, advancing him despite Democratic resistance that grew after his confirmation hearing earlier this month.

The panel approved Clayton’s nomination in a narrow 9-8 vote, with members splitting along party lines, Republican Sen. Tom Cotton of Arkansas, the committee’s chairman, said Tuesday.

“Jay Clayton is a highly qualified nominee with a deep experience combatting a wide range of national security threats,” Cotton said in a statement. “I’m pleased that the Senate Intelligence Committee voted to advance his nomination to be Director of National Intelligence.”

President Trump tapped Clayton, the former U.S. Attorney for the Southern District of New York, for the post last month. Some Democrats initially welcomed the choice, particularly as a more contentious figure was poised to lead the intelligence community in an acting capacity. But that early openness appeared to fade after Clayton’s confirmation hearing.

During the hearing, Democratic senators pressed Clayton several times on the outcome of the 2020 election. While he said former President Joe Biden was certified as president and insisted he is “not an election denier,” Clayton avoided directly answering questions about who won the race.

Democratic Sen. Mark Warner of Virginia, the committee’s vice chairman, had previously said he hoped Clayton could be confirmed “as quickly as possible.” But said Sunday that he would oppose the nomination.

“I’ve known Jay for a long time. I like Jay. I worked well with him when he was at the SEC. But I was bitterly disappointed by his performance in front of my committee,” Warner said on “Face the Nation with Margaret Brennan.”

Democrats have also recognized the bind they face, with former housing official Bill Pulte serving as acting intelligence chief since Tulsi Gabbard left the role last month.

Pulte has no national security background and came to prominence after accusing several of the president’s political foes of mortgage fraud. Mr. Trump’s selection of him prompted Democrats to walk away from a deal to reauthorize a warrantless surveillance authority known as Section 702 of the Foreign Intelligence Surveillance Act. It expired on June 12. 

Shortly before the expiration, the president announced that he was nominating Clayton as director of national intelligence. And Senate Republicans moved to quickly confirm him to break the logjam on the surveillance program. But days later, Mr. Trump abruptly pushed the Senate to cancel plans to move forward with Clayton’s nomination when it became clear that it could prevent Pulte from temporarily taking the helm. 

Despite Democrats’ opposition on the committee, Clayton is expected to be confirmed given the Republican majority in the Senate. Warner said with Pulte currently in the role, “we’re a little rock-in-a-hard-place here,” though he acknowledged that Clayton “will probably get confirmed.” The Virginia Democrat added, “I hope we see the Jay Clayton that I have known and have worked with.”

“The one thing I also know is, the absolute disaster we have right now with the acting DNI, Bill Pulte, who has no intelligence experience, who has nothing but loyalty to Trump,” Warner said. 

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