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Senate Intelligence Committee Chairman Tom Cotton, R-Ark., expressed frustration when Trump delayed Clayton’s nomination in a social media post last month, allowing Pulte to take office. Cotton said then that Clayton had been instructed not to appear at a scheduled confirmation hearing, but he rescheduled the hearing three weeks later, with apparent approval from the White House.”Mr. Clayton is a patriot and a highly qualified nominee, as the president has said repeatedly,” Cotton said.
While Clayton has received some bipartisan praise, Democrats are expected to aggressively question him on how he would approach the issue of election interference, especially as Trump has said he will deliver a primetime address on Thursday with a focus on elections, suggesting he could revisit long-debunked conspiracy theories about his 2020 defeat to Democrat Joe Biden.
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“Trump made it clear that he expects whomever is Director of National Intelligence to promote his baseless election conspiracy theories,” said Oregon Sen. Ron Wyden, a Democratic member of the intelligence panel, after the nomination was delayed last month.
Virginia Senator Mark Warner, the panel’s top Democrat on the Senate Intelligence Committee, said in June that he has “known and respected Jay Clayton for many years and believe he is a capable public servant.” But he has stopped short of saying he would vote for him.
Connecticut Representative Jim Himes, the top Democrat on the House intelligence panel, said he worked with Clayton when he was chairman of the Securities and Exchange Commission, and “during that time, he had the independence of mind and respect for the law that are necessary for any Director of National Intelligence,” Himes said.
Still, most Democrats are expected to vote against his nomination. Senator Richard Blumenthal, D-Conn., said Tuesday that he expects to oppose Clayton, but he and other Democrats may not object if majority Republicans want to try and speed up his confirmation so that he can replace Pulte.
“I’m not going to vote for him,” Blumenthal said. “But I wouldn’t object to an accelerated vote.”
Clayton is currently the US attorney for the Southern District of New York, the most prestigious of the Justice Department’s prosecution offices. His cases have ranged from terrorism and espionage cases to security fraud and public corruption.
Democrats are certain to press Clayton on his role in recent subpoenas of four New York Times journalists after they reported on security concerns involving the new, Qatari-gifted Air Force One. The Committee to Protect Journalists has called the subpoenas “an extraordinary escalation in President Trump’s efforts to threaten and intimidate independent news organisations and have a chilling effect on the work of journalists across the country.”
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Under Clayton, the office also facilitated the unsealing of thousands of pages of court records from the prosecutions of Jeffrey Epstein and Ghislaine Maxwell — documents that were made public as part of the Justice Department’s release of records related to the late sex offender and his longtime confidant.
Clayton has also overseen the prosecution of former Venezuelan President Nicolás Maduro and Maduro’s wife, Cilia Flores, on drug trafficking charges.
Clayton’s confirmation could potentially clear the way for bipartisan legislation to renew Section 702 of the Foreign Intelligence Surveillance Act, or FISA, which stalled last month when Democrats had said they would not provide the necessary votes to pass the bill unless Pulte’s temporary appointment was withdrawn.
The law, which aims to prevent terrorist attacks by monitoring the communications of targeted foreigners located outside the United States, expired in June.
Even if Democrats relent, though, it is unclear if Trump would sign it. He said in his June social media post delaying Clayton’s nomination that he would not sign the FISA renewal without his legislation to require proof of citizenship for all voters — which does not have enough votes to pass the Senate.
Clearing Clayton’s nomination “would be a good first step” in moving the FISA renewal, said South Dakota Senator Mike Rounds, a member of the intelligence panel.
Rounds said that Republicans hope to move Clayton’s nomination quickly through the process, if Democrats don’t object.
“We’re looking forward to getting him into that position as quickly as possible,” he said.
