Trump Delays Nomination of Jay Clayton for Intelligence Director, Putting Spy Powers Vote in Peril

The Senate was set to confirm President Donald Trump’s new director of national intelligence as soon as Thursday, but Trump threw a wrench into Leader John Thune’s plans by stating nominee Jay Clayton cannot be confirmed until the Senate approves his replacement as U.S. attorney.

Trump posted on Truth Social on Wednesday morning that Jamie McDonald must be confirmed to replace Clayton as U.S. attorney for the Southern District of New York before the Senate can vote on Clayton to become the new intelligence director.

“Regarding the approval of our great patriot, Jay Clayton, we are cancelling the Senate hearing regarding DNI today and will not be going forward until Jamie McDonald is approved to be U.S. attorney. In the meantime, Bill Pulte will remain as the acting director of national intelligence,” Trump wrote.

However, Sen. Tom Cotton, R-Ark., said the Intelligence Committee will proceed with Clayton’s nomination hearing as scheduled for Wednesday afternoon, barring a directive from the president or the withdrawal of Clayton’s nomination.

Clayton’s nomination could also help secure the necessary votes to reauthorize Section 702 of the Foreign Intelligence Surveillance Act, a program allowing the government to spy on foreign nationals without a warrant. Democrats refused to vote to renew FISA as long as Bill Pulte, whom Trump tapped as acting intelligence director after Tulsi Gabbard resigned, remained in the role.

“The Republicans agreed with Dumocrats to remove very fair, and talented, William Pulte, from serving as Acting DNI in return for getting FISA approved by the Dumocrats,” Trump said. “However, the Republicans moved so fast with the hearings of the great Jay Clayton, current U.S. attorney for the Southern District of New York, that Pulte would be gone before the Dumocrats would vote on FISA.”

“Now, the Dumocrats are saying they will vote against FISA — so, the Republicans wound up having fulfilled their commitment, but Dumocrats broke the deal,” Trump added. “In addition, the newly nominated U.S. attorney, Jamie McDonald, must be confirmed and blue slipped.”

Trump said he doesn’t want to remove Clayton from the “great job he is doing” as U.S. attorney until McDonald is confirmed to take his place.

Trump also said, to “add a bit of intrigue,” that he will not approve an extension of the FISA program unless his signature voter ID legislation, the SAVE America Act, is attached.

“Not complicated, actually. The Republicans fell into a trap,” he said.