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Trump upends Senate’s sprint to confirm Jay Clayton, reauthorize spying powers

Intelligence Committee Chair Tom Cotton said that Clayton’s scheduled Wednesday afternoon confirmation hearing would go on as scheduled unless Clayton doesn’t show up

Photo by John Lamparski/WireImage

Jay Clayton appears on "Mornings With Maria" on Fox Business in 2020. At the time, Clayton was serving as chairman of the SEC.

President Donald Trump upended an expedited effort to confirm Jay Clayton as director of national intelligence before the end of the week with a Wednesday morning Truth Social post announcing that he was “cancelling” Clayton’s planned confirmation hearing later that afternoon — but Sen. Tom Cotton (R-AR), the Intelligence Committee chairman, insisted the hearing would go on as scheduled unless Clayton fails to appear.

Though Trump doesn’t have the ability to unilaterally cancel a Senate hearing, he could instruct Clayton not to appear as scheduled. Senate lawmakers were rushing to confirm Clayton before the end of the week to prevent federal housing chief Bill Pulte from serving as acting DNI, a choice lawmakers on both sides of the aisle view as problematic and unqualified for the role.

“Jay Clayton is a pending nominee before the Intelligence Committee. We will proceed with his hearing as scheduled unless the president directs him not to appear or withdraws his nomination,” Sen. Tom Cotton (R-AR) said on X following Trump’s post.

Republicans have been trying to clear a path to rapidly confirm Clayton before Pulte is set to take over as acting DNI on Friday.

Confirming Clayton and blocking Pulte from the DNI role would also unlock Democratic support for renewing federal foreign surveillance authorities under Section 702 of the Foreign Intelligence Surveillance Act (FISA), which lapsed last week amid Democratic opposition.

Sen. Mark Warner (D-VA), the vice chair of the Intelligence Committee, lambasted the “extraordinary display of dysfunction from a president who seems determined to turn America’s national security into a political bargaining chip.”

“At every turn, the president has injected more uncertainty into a process that should be focused on one thing: keeping the American people safe,” Warner continued. National security cannot be governed by social media post. The president’s latest intervention only underscores a simple reality: the biggest obstacle to resolving these issues has not been Senate Democrats or Senate Republicans. It has been the chaos and confusion coming from the White House itself.”

Trump asserted that “Dumocrats broke the Deal” on FISA and Pulte, and also demanded that James McDonald, who Trump said he would nominate to replace Clayton as U.S. attorney for the Southern District of New York, be confirmed before Clayton is confirmed for DNI.

But McDonald’s nomination hasn’t yet been transmitted to the Senate, according to congressional records.

Trump also indicated that he would veto the FISA renewal unless Republicans attach the SAVE America Act, which aims to impose new national voter ID and proof of citizenship requirements at the ballot box and limit mail-in and online voter registration, to it — a proposal that cannot pass the 60-vote threshold in the Senate.

“To add a slight bit of intrigue but, for the Good of the Nation, and the People of our Country, I will not approve FISA without THE SAVE AMERICA ACT going along with it,” Trump said. “Not complicated, actually, the Republicans fell into a trap.”

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