Key Takeaways From DNI Nominee Jay Clayton’s Confirmation Hearing

U.S. Attorney Jay Clayton shared his vision for the intelligence community during his confirmation hearing for Director of National Intelligence (DNI) on Wednesday.

Clayton, who was nominated last month by President Donald Trump, faced questions from lawmakers regarding the independence of the DNI and key national security issues facing the United States.

Trump canceled the initial DNI confirmation hearing after accusing Democrats of breaking an agreement to remove acting DNI Bill Pulte, who was appointed last month, in return for the approval of a Foreign Intelligence Surveillance Act (FISA) extension.

He said the DNI office’s mission is to ensure that the president, Congress, policymakers, and military leaders are provided the “best possible intelligence in a timely, objective, and independent manner.”

“If confirmed, I will work to strengthen the coordination and communication between the intelligence community and the people we serve,” he said.

Clayton told the Senate Intelligence Committee that he would approach the role Trump nominated him for with a “mission-focused” and “team-oriented” perspective.

The journalists were subpoenaed by the Southern District of New York, which he currently leads as U.S. attorney, after reporting on concerns regarding the safety of the president’s new Air Force One aircraft.

While Wyden suggested that the subpoenas represented a “flagrant attack on journalists,” Clayton testified that he is “absolutely committed to” and respects both the First Amendment and the role of the press.

He added that he could not discuss the specifics of the investigation at the public hearing as it remains ongoing.

Sen. Kirsten Gillibrand (D-N.Y.) said the subpoenas appeared to have been issued in a “quite aggressive way” since they were issued to the journalists at their homes instead of their place of business.

Sen. Michael Bennet (D-Colo.) questioned how quickly the subpoenas were issued and whether Clayton or anyone from his office consulted with the White House or the Department of Justice beforehand.

Clayton repeatedly said the Southern District of New York’s office followed its protocols, which include consulting the Department of Justice, and said the time frames for issuing subpoenas depend on facts and circumstances.

In response to Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee, asking whether former President Joe Biden won the 2020 election, Clayton confirmed he was not an “election denier.”

“Joe Biden was certified as the president of the United States,” he said, later adding, “Let me just be clear. We have substantial work to do … in improving our electoral processes.”

Clayton emphasized that one of the responsibilities of the DNI role was dealing with foreign interference in U.S. elections, something he said he was “gravely concerned about.”

Asked about his prior criticisms of U.S. election integrity, Clayton said the United States can take steps to improve ballot access while strengthening election integrity.

Clayton suggested that the top threats include terrorism, drug trafficking, cartels, and traditional U.S. adversaries.

Trump’s DNI nominee said the United States currently faces terrorism threats from many sources.

He also warned that drug trafficking and fentanyl deaths presented an “incredible threat.”

However, he said the United States has “done a good job” of reducing the danger.

While Clayton did not list specific countries, he said the combination of cartels, militaries, and businesses in certain countries was very dangerous.

He also said that Russia, China, and Iran remained threats to the United States.

Clayton said his experience as the head of the Securities and Exchange Commission would allow him to be “extremely helpful” in understanding and using economic strategies against America’s traditional adversaries.

He told the committee that some of the “most formidable threat actors” are the countries that are the most well-funded.

Clayton suggested that America’s adversaries not only look for “traditional ways” to harm Americans but also for economic ways to harm Americans.

Sen. Mike Rounds (R-S.D.) described AI as a “game changer” and warned that Americans could view the technology as a threat, especially if the government used it to collect personal data.

He asked Clayton how the intelligence community would use AI to gather information while also protecting the privacy of American citizens under his leadership.

If confirmed, Clayton said the intelligence community would continue to collect necessary data to provide “a good intelligence product” while respecting Americans’ Fourth Amendment privacy rights.

“AI is going to greatly amplify that collection ability, which amplifies the need for oversight and controls to protect our citizens,” he said. “I think we should just recognize that that’s the case.”

Sen. Tom Cotton (R-Ark.), the committee’s chairman, told lawmakers he planned to hold a committee business meeting early next week to vote on Clayton’s nomination before sending it to the Senate floor for a final vote.