The Senate voted Tuesday to confirm U.S. Attorney for the Southern District of New York Jay Clayton as the next Director of National Intelligence, filling a leadership post left vacant by Tulsi Gabbard and potentially reviving stalled legislation on federal surveillance authority.
Clayton becomes the permanent replacement for Gabbard, who resigned on May 22 to care for her husband as he underwent treatment for bone cancer. U.S. Federal Housing Director Bill Pulte had been temporarily serving as acting director, an arrangement that drew pushback from congressional Democrats.
The confirmation may clear the way for the Senate to consider reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the government to collect foreign intelligence data.
A temporary extension of the program failed in the House on June 11 in a 198-to-218 vote, with 19 Republicans joining most Democrats in opposition. Democrats had largely resisted reauthorization while Pulte led the agency, though several acknowledged Clayton is better qualified for the role.
Clayton’s nomination faced several delays before reaching a final vote. Republican leadership initially sought to fast-track the process, but President Donald Trump requested a delay on June 17, asking the Senate to first approve Jamie McDonald as the next U.S. Attorney for the Southern District of New York.
Senate Intelligence Committee Chairman Tom Cotton initially postponed the confirmation hearing following the president’s request.
“It’s regrettable that the president has directed Jay Clayton not to appear at his confirmation hearing today,” Cotton said at the time. “Mr. Clayton is a patriot and a highly qualified nominee, as the president has said repeatedly. While today’s hearing is now unfortunately postponed, I look forward to proceeding with his confirmation in the near future.”
In the same statement, Trump indicated he would oppose reauthorizing Section 702 unless it included the Safeguard American Voter Eligibility (SAVE) America Act.
Senators voted 51 to 43 on Monday to advance Clayton’s nomination to a final vote. During his July 15 confirmation hearing, Clayton drew criticism from Senate Democrats after declining to state outright that former President Joe Biden won the 2020 election. Sen. Mark Warner, D-Va., the ranking member on the Intelligence Committee, stated on “Face the Nation” that he would vote against confirmation due to Clayton’s responses.
Clayton also testified during the hearing that there was more to learn regarding China’s handling of the COVID-19 pandemic, suggesting the intelligence community may need to release additional records on the subject.
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