(The Center Square) – The Senate narrowly approved Walter “Jay” Clayton as the next Director of National Intelligence, where he will oversee the 18 federal agencies making up the U.S. Intelligence Community.
The partisan 51-47 vote highlighted Democrats’ growing distrust of the U.S. Attorney. Clayton’s responses to lawmakers during his nomination, particularly to questions regarding election integrity, left some formerly cordial lawmakers “bitterly disappointed.”
"Not only does Jay Clayton lack the expertise to lead the Intelligence Community, but he has also shown an unwillingness to speak truth to power – an essential prerequisite for any intelligence professional,” Sen. Adam Schiff, D-Calif., posted on social media after the Tuesday evening vote.
“If he cannot give Congress an honest answer about who won the 2020 election, how can we trust Clayton to prevent politicization of our intelligence agencies or provide objective analysis to the President, especially if that analysis conflicts with a false, but preferred narrative of the Commander in Chief?”
Intelligence hawk Sen. Mark Warner, D-Virginia, who prior to the hearing had called Clayton “a capable public servant,” also voted against Clayton’s confirmation.
Formerly the chairman of the federal Securities and Exchange Commission from 2017 to 2020, Clayton’s career has focused largely on financial security matters rather than national security.
He also served as chairman of private equity firm Apollo Global Management in March 2021, resigning in 2025 to serve as U.S. attorney for the Southern District of New York. Since April, Clayton has headed the Attorney General’s Advisory Committee within the Department of Justice.
Clayton’s confirmation comes at a critical time for congressional Republican leadership, which originally hoped that Clayton’s nomination would convince enough Senate Democrats to reauthorize a key government surveillance authority.
Senate Democrats had originally made their support of renewing Section 702 of the Foreign Intelligence Surveillance Act conditional on the removal of Trump loyalist Bill Pulte from his position as temporary DNI.
But with Clayton’s sudden unpopularity with the Democratic party, an immediate reauthorization of the expired FISA Section 702 looks unlikely.
Democrats' support for reauthorization is crucial, given that dozens of Republicans in Congress have opposed a clean extension due to concerns that it violates the Fourth Amendment.
On paper, FISA Section 702 allows federal intelligence agencies to conduct warrantless electronic surveillance on foreign nationals of suspicion.
In practice, however, the electronic data of American citizens – including emails, text messages, and phone calls – are routinely collected as well.
Not only can intelligence agencies store that data for up to five years, but intelligence agents can and do routinely search that data without obtaining a warrant, known as “backdoor searches.”
Though congressional authorization of FISA Section 702 expired June 12 after Senate Democrats tanked an extension due to concerns about Pulte, government surveillance and data collection activities can still continue without interruption through March 2027.
That’s because the FISA Court approves year-long certifications for Section 702, which remain in effect even if the underlying authority has expired.
Republicans, however, are urging Democrats not to wait until next year to take action.
“From leading the SEC to serving as U.S. Attorney for the Southern District of New York, Jay is well-suited for this role, and I look forward to working with him,” Sen. John Cornyn, R-Texas, posted on social media after the vote.
“I hope @SenateDems come to their senses & stop blocking critical intelligence legislation that will allow us to continue detecting foreign threats, prevent attacks, & keep Americans safe.”