Donald Trump backed down and announced a new pick to be his director of national intelligence on Thursday after Democrats threatened to allow a key piece of surveillance legislation to expire rather than allow one of the president’s political operatives to serve in the role.
The president wrote on Truth Social on Thursday afternoon that Jay Clayton, a former chair of the Securities Exchange Commission (SEC) and attorney for the Southern District of New York would take over the role, pending Senate confirmation. His statement came only a few short hours after Democrats halted an attempt to extend the Foreign Intelligence Surveillance Act (FISA) for three weeks while Congress worked over the impasse.
“I am pleased to announce the Nomination of very Highly Respected Jay Clayton, former Chairman of the Securities and Exchange Commission, the former Head of Sullivan & Cromwell, one of the most prominent and successful Law Firms anywhere in the World, and the current United States Attorney for the Southern District of New York, to be the next Director of National Intelligence and, importantly, to serve in my Cabinet. Few people anywhere in the Legal Community are respected at the level of Jay. I encourage the United States Senate to confirm Jay as soon as possible,” wrote Trump.
The news comes as the Senate appears to be poised to allow the FISA law to lapse. Trump’s announcement broke Thursday afternoon as senators were already beginning to leave town for the weekend, having being led to believe by Senate Majority Leader John Thune that there was no alternative path forward to satisfy Democrats this week.
Democrats refused to vote to reauthorize the FISA legislation while Bill Pulte is set to become the Trump administration’s acting DNI, and shot down multiple attempts to temporarily reauthorize the legislation in the House and Senate.
Republicans offered a three-week, then a one-week extension. Both were rejected by Democrats who say that Pulte’s record at the Federal Housing Finance Agency and total lack of experience in the intelligence community made him an unsuitable pick for the job. Senate Republicans need at least seven Democrats to break ranks and support cloture on a FISA renewal bill for it to pass the upper chamber’s filibuster threshold.
Clayton’s nomination could break up those roadblocks on Capitol Hill, allowing Trump to both confirm a new DNI and the Hill to see surveillance legislation extended in time for the U.S. to host the FIFA World Cup championships, which are set to take place around the U.S. this summer.
One Democrat in the House, Jim Himes, seemed to confirm that: “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,” he tweeted on Thursday. Himes is the senior Democrat on the House Intelligence Committee.
But Clayton remains a staunch loyalist of the president and as of earlier this week, in interviews, took aim at California’s vote counting processes and gave credence to conspiracy theories alleging that election fraud was being orchestrated to keep a Republican candidate, Spencer Pratt, out of the general election.
This remains a significant attribute for Clayton and Trump’s other nominees: The president’s picks have uniformly refused to certify that they believe the results of the 2020 presidential election to be legitimate when questioned by reporters or members of Congress on Capitol Hill.
Apart from Pulte’s lack of apparent qualifications for the job, that refusal to acknowledge the reality was thought to be a major obstacle to Pulte’s confirmation as DNI as well as the nomination of Acting Attorney General Todd Blanche to take over the role on a more permanent basis. Thom Tillis, a Republican member of the Senate Judiciary Committee, has threatened to tank Blanche’s upcoming nomination if he does not repudiate the administration’s tacit support for rioters who were arrested for violent or seditious offences during the January 6 attack on the Capitol.
Pulte’s actions to support Trump’s campaign of retribution and political targeting of his enemies was the other main reason why Senate Democrats and even some Republicans in both chambers signalled hesitance to support his confirmation. At least one of those Republican critics of Pulte, Rep. Brian Fitzpatrick of Pennsylvania, attacked Democrats for witholding their votes over his pick.
“It’s the single most important 9/11 commission recommendation that we have, and it’s at risk of going dark due to foolishness,” he told Axios. Fitzpatrick is a swing-district Republican who frequently breaks with the administration on some policy matters but, like the rest of his caucus, remains a reliable vote for the White House’s priorities. By and large, the Senate and House GOP caucuses have both taken this route and have backed down when challenged on their criticisms or opposition to the White House’s demands, with rare notable exceptions.
That deference to the White House makes the president’s nomination of Clayton all the more significant. The president, increasingly at odds with the Senate GOP in particular after endorsing against two incumbent Republican members and causing their respective downfalls, has little to no wiggle room in the upper chamber and still chafes at the idea of being forced to work with Democrats to get basic housekeeping measures accomplished on the Hill.
Source: independent.co.uk