Trump's intelligence nominee Jay Clayton clashes with Democrats over
2020 election
[July 16, 2026]
By MARY CLARE JALONICK
WASHINGTON (AP) — President Donald Trump’s pick to head the nation’s
intelligence agencies struggled to win Democratic support in a
contentious confirmation hearing Wednesday where he clashed repeatedly
with them over the 2020 election.
Democrats asked Jay Clayton, the U.S. attorney for the Southern District
of New York and a former Securities and Exchange Commission chairman,
over and over again whether former President Joe Biden won the election
and defeated Trump. Echoing many of Trump's nominees, Clayton said many
times that the election was “certified" for Biden, declining to say
outright that the Democrat won.
“I'm not going to get into this with you,” Clayton told Georgia Sen. Jon
Ossoff, the last of several Democrats on the committee to grill Clayton
on the 2020 election. Clayton appeared frustrated and flustered as
Ossoff repeated the question several times. “I've answered it," he said.
Virginia Sen. Mark Warner, who had praised Clayton’s nomination when
Trump picked him for the role last month, expressed exasperation with
him at the end of the hearing. Democrats say they are concerned that
Trump will try to direct intelligence agencies to influence U.S.
elections as the president has repeated his false claims that the 2020
contest was stolen.
“I’ve known Mr. Clayton for some time, I worked with him closely when he
was at the SEC,” said Warner, the top Democrat on the intelligence
panel. “But I am bitterly disappointed.”
Senate Democratic Leader Chuck Schumer said after the hearing that he
thought Clayton’s performance was “abysmal,” and that “makes it much
less likely that he will get Democratic votes.”
While Clayton has broad support among Republicans, the acrimony with
Democrats could be a blow to GOP leaders who had hoped to gain their
consent for a quick vote to replace temporary intelligence director Bill
Pulte, a former housing official with no known intelligence experience
and who used his previous administration perch to target perceived
adversaries of the president.
Senators in both parties have criticized Pulte, and Republicans had
hoped to confirm Clayton immediately after he was nominated in June so
Pulte did not take over when Gabbard left office. But Trump delayed
Clayton’s nomination before the Senate left for a two-week recess,
allowing Pulte to take the job temporarily.
Senate Intelligence Committee Chairman Tom Cotton, R-Ark., said the
committee will vote on Clayton's nomination next week.
Clayton emphasizes national security experience
Clayton did not mention Pulte in the hearing. But he emphasized his own
government and national security experience, attempting to assuage
senators in both parties.
“I saw firsthand how a strong national security apparatus depends on
decisive judgment, discipline, integrity, and effective communication
and cooperation across different branches of the government,” Clayton
said in his opening statement. “If confirmed as Director of National
Intelligence, I will commit to upholding these principles every day.”
Cotton, who expressed frustration last month when the hearing was
delayed, said in his opening statement Wednesday that Clayton has a
reputation for operating with “morality, decency and integrity” in his
previous positions and that he hopes his nomination will win bipartisan
support.
Democrats press Clayton on Gabbard's election activities
Democrats also pressed Clayton on former National Intelligence Director
Tulsi Gabbard's visit to a Georgia election office earlier this year
during an FBI search related to the 2020 election. Trump administration
officials have given varying explanations for Gabbard's involvement in
the search, which appeared to be outside of her intelligence role.
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Jay Clayton testifies during a Senate Intelligence Committee
confirmation hearing to be the next Director of National
Intelligence on Capitol Hill, Wednesday, July 15, 2026, in
Washington. (AP Photo/Mariam Zuhaib)
Clayton declined to say whether Gabbard's visit was appropriate or
how he would handle the same situation. At one point he said he
wasn't aware of Gabbard's visit before this week, then later
appeared to backtrack, saying “it wasn't something on my mind”
before he started to prepare for the hearing.
Warner said it “strains credibility” that Clayton wasn’t aware of
Gabbard’s election activities.
Democrats also asked Clayton about Trump’s announcement that he will
deliver a primetime address on Thursday with a focus on elections,
after the president suggested he could revisit long-debunked
conspiracy theories about his 2020 defeat. Clayton said he had has
no involvement with that speech.
As US attorney in Manhattan, Clayton oversees vast portfolio
Clayton is currently the U.S. attorney for the Southern District of
New York, one of the most prestigious of the Justice Department’s
prosecution offices. His cases have ranged from terrorism and
espionage cases to security fraud and public corruption.
Democrats pressed Clayton on subpoenas of four New York Times
journalists after they reported on security concerns involving the
new, Qatari-gifted Air Force One. The Committee to Protect
Journalists has called the subpoenas “an extraordinary escalation in
President Trump’s efforts to threaten and intimidate independent
news organizations and have a chilling effect on the work of
journalists across the country."
Clayton said he was not able to discuss the details of the subpoenas
and declined to elaborate on whether he spoke to the White House
before they were issued. He said he is “confident in procedures we
have in place to protect freedom of press.”
Under Clayton, the office also facilitated the unsealing of
thousands of pages of court records from the prosecutions of Jeffrey
Epstein and Ghislaine Maxwell — documents that were made public as
part of the Justice Department’s release of records related to the
late sex offender and his longtime confidant.
Clayton has also overseen the prosecution of former Venezuelan
President Nicolás Maduro and Maduro’s wife, Cilia Flores, on drug
trafficking charges.
Confirmation vote could unlock renewal of surveillance authority
Clayton’s confirmation could potentially clear the way for
bipartisan legislation to renew Section 702 of the Foreign
Intelligence Surveillance Act, or FISA, which stalled last month
when Democrats had said they would not provide the necessary votes
to pass the bill unless Pulte’s temporary appointment was withdrawn.
The law, which aims to prevent terrorist attacks by monitoring the
communications of targeted foreigners located outside the United
States, expired in June.
Even if Democrats relent, it is unclear if Trump would sign the
bill. He said in his June social media post delaying Clayton’s
nomination that he would not sign the FISA renewal without his
legislation to require proof of citizenship for all voters. The
voting bill does not have enough support to pass the Senate.
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Associated Press writer Eric Tucker contributed to this report.
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