UMVA has learned that a dramatic turn of events has unfolded in the confirmation process of Walter "Jay" Clayton, the former Securities and Exchange Commission (SEC) Chairman, who was set to face senators at a tense confirmation hearing to become director of national intelligence.
The hearing, expected to be a highly scrutinized event, was abruptly halted by President Donald Trump, who declared in an early morning post that Clayton's confirmation hearing would not move forward. This sudden move has raised questions about the President's authority to cancel a hearing on Capitol Hill.
According to information obtained by UMVA, the President can "withdraw" a nominee or neglect to send the paperwork to Capitol Hill lawmakers if there's an issue of timing, but he has not indicated he will do either. Intelligence Committee Chair Tom Cotton stated that Clayton is a pending nominee before the committee and that they will proceed with his hearing as scheduled unless the President directs him not to appear or withdraws his nomination.
Sources have confirmed to UMVA that it would be "hard to have a hearing without a witness." The postponed hearing had been set against the backdrop of Democrats' weeks-long uproar over President Trump's temporary pick for the job — homebuilder scion and Federal Housing Finance Agency Director Bill Pulte. Clayton is currently serving as the U.S. attorney for the Southern District of New York, a highly prominent post.
Sen. Mark Kelly, a top Trump critic, told reporters that concerns over Pulte could actually help push Clayton through once he appears before the Intelligence Committee. Kelly expressed a desire to hear reassurance from the White House that Bill Pulte is not going to take over as DNI, even for a short period.
Democrats have accused Pulte of playing politics with his powers at FHFA and worry that his lack of intel credentials and alleged partisanship endanger the role of DNI. In contrast, Clayton is expected to come before Congress with a resume that may be easier for Democrats to digest, given his prosecutorial experience as SDNY's top federal prosecutor.
Senate Majority Leader John Thune noted that Clayton's role as SDNY does crossover into intelligence matters and that he is an eminently qualified individual to become the new director of national intelligence. However, it remains unclear when Clayton's confirmation hearing will be rescheduled or whether Democrats will cooperate with efforts to move his nomination quickly.
