Jay Clayton refused to say Joe Biden won the 2020 election during his Wednesday confirmation hearing to become the nation’s next intelligence chief. He did say Biden was certified as president, putting the exchange squarely in front of the Senate intelligence committee.
The hearing matters because Clayton is being considered for a top intelligence post despite having no experience serving in any intelligence agency in any capacity. If he is confirmed, he would replace Bill Pulte, who was installed by Donald Trump last month and has already fired some intelligence officials in his short time as acting director.
Clayton and the 2020 election
Clayton skirted questions about his previous election integrity claims, including remarks he made on CNBC on 8 June. On that date, he said, “We’re doing an absolutely terrible job, and the American people are right to question it,” during a conversation about allegations of fraud in the California elections.
He also said California’s mail-voting laws created an “opportunity for fraud.” That earlier record gave senators a direct line of questioning at the hearing, because the nomination would put him in charge of the US intelligence agencies if he is approved.
Senate intelligence committee hearing
Republicans on the Senate intelligence committee scheduled the confirmation hearing for Clayton last month. Donald Trump then abruptly directed him not to appear on the morning of the hearing, before the hearing went ahead with the election question still unresolved on the record.
Clayton also skirted questions about whether a White House official asked him to subpoena a group of New York Times journalists. The subpoena issue and the election questions left senators with two separate unresolved lines of inquiry tied to his past statements and conduct.
Bill Pulte and the post
Tulsi Gabbard had served as director of national intelligence since the beginning of Trump’s second term, and Clayton would take over from Bill Pulte if the Senate approves him. Clayton’s background is in law and markets: he served as the chair of the Securities and Exchange Commission during Trump’s first term and made millions working as a Wall Street attorney before his 2017 SEC post.
The immediate question for the Senate is whether to advance a nominee who has never served in intelligence and would oversee that system after a hearing built around his public comments on election integrity. Clayton’s answer on Biden was short, and the committee still has to decide whether that is enough to move his nomination forward.
