Donald Trump has nominated Jay Clayton, the former head of the top US markets watchdog, to serve as the country's leading intelligence official. The US president faced widespread criticism over his decision to install a controversial ally, Bill Pulte, as acting director of national intelligence while searching for a permanent candidate.
Clayton, who previously chaired the US Securities and Exchange Commission, currently serves as the US attorney for the southern district of New York. Like Pulte, Clayton lacks significant operational experience in any of the 18 agencies that produce and analyze intelligence for the Pentagon and the president, which the directorate coordinates.
However, there were early signs of bipartisan support for his appointment. Clayton has spent most of his career as a Wall Street corporate attorney. “I encourage the United States Senate to confirm Jay as soon as possible,” Trump wrote in a statement on his Truth Social platform.
During the financial turmoil of 2007 and 2008, Clayton played a pivotal role in negotiating bailouts and buyouts, including the fire sale of Bear Stearns to JPMorgan Chase, Berkshire Hathaway’s rescue of Goldman Sachs, and the sale of Lehman Brothers’ distressed assets to Barclays Capital. Some of his Wall Street work and potential conflicts of interest came under scrutiny when he was nominated to lead the SEC in 2017. Clayton represented Ally Financial in the $25 billion “robo-signing” foreclosure fraud settlement with the federal government.
Clayton’s defense of Deutsche Bank in a sanctions-evasion case involving Russian oligarchs is likely to receive fresh attention. In the “mirror trades” case, Russian clients used Deutsche Bank to buy dual-listed Russian securities in rubles in Moscow while selling the same securities for US dollars or British pounds in other markets. Ten days into Trump’s first term, New York state regulators settled the case for $425 million.
As the US attorney in Manhattan, Clayton oversees the largest and most prestigious prosecution office in the Justice Department, with a vast portfolio ranging from terrorism and espionage cases to securities fraud and public corruption. Trump has doubled down on naming Pulte acting director even as he emphasized it would be a short-term job. The president said he wanted Pulte to downsize the office, which has already been significantly scaled back in his second term.
Tulsi Gabbard said she needed to leave the post as director of national intelligence because her husband is being treated for cancer. Earlier on Thursday, the House of Representatives failed to pass a short-term extension of the Foreign Intelligence Surveillance Act (FISA), amid controversy surrounding Pulte’s appointment.
Mark Warner, vice-chair of the Senate intelligence committee, described Clayton as a “capable public servant,” but added: “While I am glad to see the president finally come to his senses, before the Senate can take up a FISA extension there needs to be a clear guarantee that Mr Pulte will not serve as acting DNI.” Section 702 of FISA, enacted after 9/11 and allowing US intelligence agencies to intercept foreign communications without a court warrant, will lapse on Friday unless renewed by Congress.
“Pulte has to go,” said Chuck Schumer, the Senate minority leader. “He cannot be in the DNI role. Our national security is too important.”
