Jay Clayton, the US attorney for the southern district of New York, refused to say that Joe Biden won the 2020 election during his Wednesday confirmation hearing to become the nation’s next intelligence chief. Clayton opted instead to say that Biden was “certified” as president.
Clayton Skirts Questions on Election Integrity and Subpoenas
Clayton also skirted questions about his previous election integrity claims and whether or not a White House official asked him to subpoena a group of New York Times journalists as part of an alleged national security investigation. His refusal to acknowledge Biden's victory aligns with Donald Trump's baseless claims of election fraud.
Background and Confirmation Process
Clayton, if confirmed, would replace Bill Pulte, whom Donald Trump installed as acting director of national intelligence last month. Pulte’s position atop the American intelligence agencies has been deeply divisive on Capitol Hill, with members of both parties saying his background as the chair of a federal mortgage regulation agency is not enough experience for the job, and that Pulte’s unwavering loyalty to Trump and willingness to punish the president’s political enemies makes him a dangerous spy chief.
Republicans on the Senate intelligence committee initially maneuvered to prevent Pulte from ever taking over the role by scheduling a confirmation hearing for Clayton last month, only days before the exit of Tulsi Gabbard, who had served as director of national intelligence since the beginning of Trump’s second term. But Trump abruptly directed Clayton not to appear on the morning of the hearing, thus allowing Pulte to become acting director.
Pulte's Actions as Acting Director
In his short time as acting director, Pulte has fired some intelligence officials. He will also appear alongside Trump for a televised national address on Thursday evening, where Trump says he plans to talk about unspecified foreign intervention in US elections.
Clayton's Qualifications and Stance
Like Pulte, Clayton has thin credentials for America’s top intelligence job. He served as the chair of the Securities and Exchange Commission (SEC) during Trump’s first term and made millions working as a Wall Street attorney in the decades before his 2017 SEC post. He has no experience serving in any intelligence agency in any capacity. But Clayton has also demonstrated unwavering support for Trump and his agenda – including his conspiracy theories of election fraud.
Election Integrity Comments
On CNBC on 8 June, during a conversation about allegations of fraud in the California elections, Clayton said of election integrity: “We’re doing an absolutely terrible job, and the American people are right to question it.” Trump has called the elections “rigged”, while presenting no evidence to support the allegations. He also said California’s mail-voting laws, which include sending mail ballots to all voters and a grace period for ballots to arrive after election day, created an “opportunity for fraud”.
