Senate expected to confirm Jay Clayton as next intelligence director

WASHINGTON (AP) — The Senate is expected to confirm Jay Clayton on Tuesday to become head of the nation’s intelligence agencies, ensuring that a permanent director is in place as the midterm elections approach.

Clayton is expected to be confirmed along party lines after a contentious hearing two weeks ago in which he repeatedly refused to say that former President Joe Biden won the 2020 election. Still, Democrats have said they have more confidence in Clayton than they do in Trump’s temporary pick for the job, Bill Pulte, who has no known intelligence experience and investigated the president’s perceived enemies in his previous post as a federal housing regulator.

Senators from both parties have expressed concerns about Pulte, who took over on an interim basis last month after Tulsi Gabbard resigned. Pulte was in charge when Trump delivered a speech from the White House earlier this month doubling down on his false claims about the 2020 election, which he lost, and released classified documents that he said were relevant to his arguments.

Virginia Sen. Mark Warner, the top Democrat on the Senate intelligence committee, said he had worked in the past with Clayton, who is the U.S. attorney for the Southern District of New York and a former Securities and Exchange Commission chairman. After the hearing, Warner said he would oppose Clayton’s nomination but acknowledged that Democrats are “between a rock and a hard place” with Pulte in the job.

The Senate voted 51-43 along party lines on Monday to advance Clayton’s nomination.

Clayton won’t say Biden won the election

The Democratic pushback on Clayton comes as Trump has made revisiting 2020 a primary focus, repeatedly trying to cast doubt on that election and amplifying debunked theories about Biden’s win.

Clayton told senators that he had no involvement with Trump’s primetime speech, but he said repeatedly that the election was “certified” for Biden, declining to say outright that the Democrat won.

Warner said at the end of the hearing that he was “bitterly disappointed.” Senate Democratic leader Chuck Schumer said he thought Clayton’s performance was “abysmal,” and that “makes it much less likely that he will get Democratic votes.”

Republicans tried to quickly confirm Clayton

Republicans were hoping to confirm Clayton in June so he could replace Gabbard without Pulte serving as interim. But Trump delayed Clayton’s nomination before the Senate left for a two-week recess, allowing Pulte to take the job temporarily.

Clayton did not mention Pulte in the confirmation hearing. But he emphasized his own government and national security experience, attempting to assuage senators in both parties.

“I saw firsthand how a strong national security apparatus depends on decisive judgment, discipline, integrity, and effective communication and cooperation across different branches of the government,” Clayton said. “If confirmed as Director of National Intelligence, I will commit to upholding these principles every day.”

Senate Intelligence Committee Chairman Tom Cotton, R-Ark., who expressed frustration last month when the hearing was delayed, said that Clayton has a reputation for operating with “morality, decency and integrity” in his previous positions.

“Jay Clayton is a highly qualified nominee with a deep experience combating a wide range of national security threats,” Cotton said.