President Donald Trump on Thursday nominated Jay Clayton, a former Securities and Exchange Commission chair, to be director of national intelligence, a move that comes after his plan to install Bill Pulte, the director of the Federal Housing Finance Agency, as acting intelligence chief helped derail a crucial spy powers reauthorization.
The announcement came shortly after the House failed to pass a short-term extension of the Foreign Intelligence Surveillance Act’s Section 702, leaving Congress with no clear plan to keep the surveillance authority from going dark Friday.
Pulte’s appointment has drawn pushback because he has no intelligence background and is viewed by Democrats as a partisan Trump ally. Democrats have also pointed to his work at the FHFA, where he made criminal referrals involving Trump critics over alleged mortgage issues.
Clayton is the U.S. attorney for the Southern District of New York and served as SEC chair during Trump’s first term. He previously worked at Sullivan & Cromwell, a multinational white-shoe law firm. His background is largely in law, financial regulation and corporate practice, not intelligence.
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“I encourage the United States Senate to confirm Jay as soon as possible,” Trump wrote on Truth Social, praising Clayton as “very Highly Respected” while saying that he is looking forward to welcoming his newest Cabinet member.
Clayton’s nomination gives Republicans a new argument for keeping the surveillance program alive, but it’s not clear that it changes the immediate fight.
Senate Majority Leader John Thune praised Clayton as a “very qualified professional” and said the Senate would try to move quickly on his nomination. But he did not say whether Clayton could be confirmed before Pulte is set to become acting DNI on June 19.
“I don’t know what realistic is, but we’re going to probe the limits of it,” Thune said.
Democrats have not signaled that Clayton’s nomination alone is enough. Their immediate concern is still Pulte serving as acting DNI before a permanent nominee is confirmed.
Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee, said Thursday he has “great respect” for Clayton, but said Pulte still needs to be removed from the acting role.
“I have known Jay Clayton. I respect Jay Clayton. And again, I don’t think the president wants this approved. Why wouldn’t he have nominated him yesterday?” Warned said.
Minority Leader Chuck Schumer also said Clayton’s nomination does not resolve the standoff as long as Pulte remains set to take over.
“The DNI role is too important. He cannot be there, no ifs or buts, no matter what else they do,” Schumer said.
Rep. Jim Himes, the top Democrat on the House Intelligence Committee, also praised Clayton.
“I’ve known and respected Jay Clayton for decades. His intelligence, temperament and deep commitment to public service will make him a terrific DNI. Had this nomination been made a week ago, lots of pain might have been avoided.” Himes said in a X post.
Clayton could also face questions of his own. During Clayton’s 2017 SEC confirmation process, Democrats scrutinized his Wall Street client list and past work for TeliaSonera, a communications company with business ties to Russia and Iran.
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