President Trump’s nominee to lead the nation’s intelligence community, Jay Clayton, is now headed toward a party-line confirmation vote after he declined Wednesday to state that Joseph Biden won the 2020 presidential election during his Senate confirmation hearing.
Clayton, who currently serves as U.S. Attorney for the Southern District of New York, told senators he acknowledges Biden was certified as president but stopped short of flatly saying Biden won. Democrats on the Senate Intelligence Committee called that answer disqualifying.
“I am bitterly disappointed,” said Sen. Mark Warner (D-VA) the ranking member on the panel. Warner had entered the hearing as one of Clayton’s defenders, citing their close working relationship during Clayton’s earlier tenure as Securities and Exchange Commission chairman.
By the time the hearing ended, Warner signaled he would not vote to confirm him.
Sen. Jon Ossoff (D-GA) was blunt. “Disqualifying,” he said.
Republicans backed Clayton throughout. Senate Intelligence Committee Chairman Tom Cotton, (R-AR) who holds a top-secret security clearance, highlighted Clayton’s national security record as U.S. attorney in New York. Clayton’s office prosecuted Venezuelan dictator Nicolas Maduro, secured a guilty plea from Venezuelan general Hugo Carvajal, and prosecuted an Iran-backed terrorist tied to multiple attempted terror attacks on American soil.
“He’s overseen the indictment of Venezuelan dictator Nicolas Maduro, secured the guilty plea of Venezuelan general Hugo Carvajal and overseen the prosecution of an Iran-backed terrorist connected to multiple attempted terror attacks in the United States,” Cotton said.
Cotton said the committee plans to hold a confirmation vote early next week. Republicans can confirm Clayton without any Democratic votes, but cannot afford more than three GOP defections on the floor.
Democrats’ pressure on the 2020 election question stems in part from Trump’s planned prime-time address Thursday, which the president said will examine vulnerabilities in voting machines. Trump told reporters Tuesday he would not preview the specifics in advance.
Clayton said he has had no involvement in preparing that address and that it would have been inappropriate to do so before his confirmation.
On the future of the Office of the Director of National Intelligence itself, Clayton offered a measured take. He said ODNI should pull back from operational roles and refocus on oversight of the 18 separate intelligence agencies it was created to coordinate. He said Trump has given him no instructions other than to “do a good job.”
Sen. Susan Collins (R-ME), one of the original authors of the law creating ODNI, said the office has grown far larger than Congress intended but still plays a critical mission. She pushed back against proposals from some administration officials to abolish the office entirely.
Republicans appear to have the votes to get Clayton confirmed. Democrats’ strategy appears to be making the 2020 election the defining lens of every Trump nominee this cycle.
