WASHINGTON — The Senate Intelligence Committee has moved Jay Clayton one step closer to becoming the nation’s top intelligence official, advancing his nomination on a strict party-line vote of 9 to 8.
The committee’s decision came as a surprise to some observers, since a number of Democrats had initially spoken favorably of Clayton and suggested they might support him. That goodwill evaporated following a contentious hearing last week in which Clayton repeatedly declined to state plainly that former President Joe Biden won the 2020 presidential election.
Virginia Sen. Mark Warner, the panel’s top Democrat, expressed his frustration openly during the hearing. Despite having worked alongside Clayton previously, Warner said he was “bitterly disappointed” in the nominee. Clayton currently serves as the U.S. attorney for the Southern District of New York and previously chaired the Securities and Exchange Commission.
With the committee’s approval secured, a full Senate floor vote on Clayton’s nomination could come as early as next week. The committee’s deliberations were held behind closed doors, as is standard practice for the panel. A source with knowledge of the outcome, speaking on condition of anonymity, confirmed that every Democrat on the committee voted against Clayton.
Democrats are not expected to give Republicans a fast track on the confirmation vote, particularly after the hearing in which Clayton repeatedly described the 2020 election as “certified” for Biden while stopping short of directly saying Biden won.
Senate Democratic Leader Chuck Schumer was blunt in his assessment following the hearing, calling Clayton’s performance “abysmal” and saying it made Democratic support far less likely.
The pushback from Democrats comes against the backdrop of President Donald Trump’s continued focus on relitigating the 2020 election, which he lost. On Thursday evening, Trump delivered remarks from the White House in which he again raised doubts about that election and repeated discredited claims about Biden’s victory. Clayton told senators he had no role in that speech.
Meanwhile, members of both parties have raised concerns about the current interim director, Bill Pulte, who stepped into the role after Tulsi Gabbard resigned last month. Pulte has no known background in intelligence work and, in his prior role as a federal housing regulator, focused on investigating individuals the president viewed as adversaries.
Republicans had hoped to confirm Clayton in June so he could take over from Gabbard without Pulte serving as a temporary placeholder. However, Trump held off on advancing the nomination before the Senate departed for a two-week recess, which allowed Pulte to assume the position in the interim.
Clayton did not address Pulte during the hearing, but he worked to reassure senators from both parties by highlighting his own government and national security background.
“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 in his opening remarks. “If confirmed as Director of National Intelligence, I will commit to upholding these principles every day.”
Sen. Cotton, who had expressed irritation last month when the hearing was postponed, praised Clayton’s track record, saying the nominee has earned a reputation for “morality, decency and integrity” in his past roles.
“Jay Clayton is a highly qualified nominee with a deep experience combatting a wide range of national security threats. I’m pleased that the Senate Intelligence Committee voted to advance his nomination to be Director of National Intelligence,” Cotton said in a statement released Tuesday.
