The Senate on Tuesday confirmed Jay Clayton to serve as Director of National Intelligence, a position that oversees 18 disparate intelligence agencies across the government.
The 51-47 confirmation vote fell along party lines.
Republicans hailed Mr. Clayton’s national experience which includes prosecuting terrorists as the U.S. attorney for the Southern District of New York and combating foreign influence on U.S. financial markets when he served as chairman of the Securities and Exchange Commission.
“Jay Clayton is a highly qualified nominee with a deep experience combating a wide range of national security threats,” said Sen. Tom Cotton, Arkansas Republican and chairman of the Senate Select Committee on Intelligence.
Democrats panned Mr. Clayton as another Trump nominee afraid to stand up to the president.
“He has repeated baseless conspiracy theories about American elections, refused to acknowledge who won the 2020 election and participated in an abusive investigation of American journalists while providing false testimony to Congress about that investigation,” said Sen. Ron Wyden, Oregon Democrat.
Sen. Mark R. Warner of Virginia, the top Democrat on the intelligence panel, worked well with Mr. Clayton during his tenure as SEC chairman and was inclined to support him before his “bitterly disappointing” confirmation hearing.
Under repeated Democratic questioning, Mr. Clayton refused to directly state that Joseph R. Biden won the 2020 presidential election. The closest he got was saying Mr. Biden “followed our process, had the most electoral votes, was declared the winner.”
“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?” said Sen. Adam B. Schiff, California Democrat.
Mr. Warner declined to support Mr. Clayton’s confirmation for similar reasons but said he hopes he will be less subservient to Mr. Trump after he is sworn in as DNI.
Mr. Clayton said during his confirmation hearing that he is not afraid to speak truth to power, as Democrats suggested.
He said he would approach the DNI role in the same way he did his previous leadership positions in the public and private sector: “mission-focused and team-oriented, taking on the challenges and seizing the opportunities.”
Mr. Clayton is set to inherit a significantly downsized Office of the Director of National Intelligence.
Acting DNI William J. Pulte, a Trump loyalist who also leads the Federal Housing Finance Agency, has executed five rounds of layoffs in as many weeks on the job.
He said on social media that ODNI staff has been reduced by approximately 30%.
“The Intelligence Community must protect the American people, NOT the political whims of the bloated and corrupt elite class,” Mr. Pulte said.
Mr. Trump’s tapped Mr. Pulte to temporarily lead the intelligence community after DNI Tulsi Gabbard resigned to help her husband through cancer treatment.
The move angered Democrats who feared Mr. Pulte may use classified intelligence to target the president’s enemies, as he did with confidential mortgage information.
In protest, Democrats blocked reauthorization of Section 702 of the Foreign Intelligence Surveillance Act, a modern wiretapping law that allows the government to spy on foreign targets without a warrant.
FISA Section 702 has been used to thwart terrorist plots and drug traffickers. Although the law expired, communication providers have continued to cooperate with the government under a separate FISA court certification that does not expire until March.
Republicans are hoping Democrats will drop their blockade of the FISA reauthorization bill once Mr. Clayton takes over from Mr. Pulte.
Mr. Warner indicated some would, but said the majority of Democrats are still expected to oppose the reauthorization over underlying policy issues. A vote is unlikely to occur before September.
