Senate confirms Jay Clayton as US spy chief

The former Justice Department prosecutor was tapped for director of national intelligence after controversy over the Trump administration’s first pick for the role sank efforts to renew government surveillance authority.WASHINGTON (CN) — The Senate on Tuesday evening confirmed Jay Clayton as the Trump administration’s next director of national intelligence, ending Bill Pulte’s controversial tenure as the U.S. spy chief and potentially paving the way for Congress to reauthorize expired government surveillance powers.In a 51-47 party line vote, the upper chamber voted to approve Clayton, who previously served as U.S. attorney for the Southern District of New York. And while the new head of the government’s intelligence agencies was initially viewed as a more palatable nominee than the outgoing Pulte, Democrats have since soured on Clayton, calling him an election denier and worrying he will serve as a political operative for President Donald Trump.The White House nominated Clayton as director of national intelligence in June amid backlash to the president’s decision to tap Pulte — a businessman and social media philanthropist who also served as head of the Federal Housing Finance Agency — for the top job.Lawmakers on both sides of the aisle worried about Pulte’s lack of national security experience and his lack of a security clearance, and Democrats in particular pointed to his track record of targeting Trump’s political opponents while serving as head of the government’s housing agency. Bipartisan criticism of Pulte kept him from receiving a formal nomination from the president, though he has served as acting director of national intelligence since Tulsi Gabbard stepped away from the position in May.Clayton’s appointment was initially met with relief from Capitol Hill, but Democrats were frustrated during his nomination hearing earlier this month, when he refused to acknowledge that former President Joe Biden won the 2020 election.Trump, doubling down on his debunked claims that his loss to Biden was illegitimate, has pointed to declassified intelligence reports he’s said prove foreign interference in U.S. elections — though the documents reveal little new information.Democrats who voted against Clayton on Tuesday evening argued he would be a “sycophant” to Trump and reinforce his election denialism as head of U.S. intelligence.“The GOP should be ashamed for enabling Trump’s dangerous and deranged conspiracy theories,” said Washington Senator Patty Murray, a top Democrat and ranking member of the upper chamber’s appropriations committee.California Senator Alex Padilla said in a statement that Clayton had “failed to show the backbone” needed to resist political pressure from the president.“When given the chance to restore some public trust in our national security leadership and our democracy, Jay Clayton refused to answer simple questions about who won the 2020 election like the other rubber-stamp election deniers in Trump’s orbit,” the senator said.Republicans, meanwhile, applauded Clayton’s confirmation and Trump’s decision to elevate him as intelligence chief. Alabama Senator Katie Britt said Clayton would make an “outstanding” director of national intelligence and that she had “no doubt” he would protect U.S. intelligence and national security interests.“Jay Clayton is a highly qualified nominee with a deep experience combatting a wide range of national security threats,” added Arkansas Senator Tom Cotton. “As U.S. attorney, Mr. Clayton has worked hand in glove with our intelligence agencies and counterterrorism personnel to lock up criminals who threaten our national security.”Trump himself congratulated Clayton on his confirmation in a post on his social media platform Truth Social, writing the new director of national intelligence would do a “spectacular job.”Clayton’s confirmation may ease partisan resistance to renewing Section 702 of the Foreign Intelligence Surveillance Act, government spy powers which expired earlier this summer amid the backlash to Pulte’s nomination. Section 702 allows U.S. intelligence services to conduct sweeping surveillance activities on foreign nationals abroad without a legal warrant.Senate lawmakers were deadlocked for weeks over a proposed Section 702 extension, with Democrats refusing to back any such legislation while Pulte remained at the head of the intelligence community. House Republicans, furious with the stalemate, attempted to pass their own version of a Section 702 extension in June, but it failed spectacularly after a significant revolt from some members of their own party.It’s unclear whether Democrats, who have largely changed their mind on Clayton, will be moved to support a measure renewing the surveillance authority now that he’s in charge of U.S. intelligence.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads