Trump Picks Jay Clayton for Intel Chief as Spy Tool Expires
President Donald Trump has nominated Jay Clayton, the U.S. Attorney for the Southern District of New York and former SEC Chairman, to serve as the next permanent Director of National Intelligence, announcing the pick on June 11 after a Democratic revolt over his previous choice derailed efforts to extend a critical surveillance authority. The House of Representatives voted 198-218 against a short-term extension of Section 702 of the Foreign Intelligence Surveillance Act, allowing the key spy tool to lapse on June 12.
Background: A Revolt Over Pulte
The chain of events began when Trump named Bill Pulte, the Director of the Federal Housing Finance Agency, as acting DNI to replace outgoing director Tulsi Gabbard. Pulte, who has no intelligence background and is known for using his position to attack Trump’s perceived political enemies, immediately drew sharp opposition from Democrats. Senate Minority Leader Chuck Schumer declared that “Pulte’s got to be gone,” while Sen. Mark Warner, the top Democrat on the Senate Intelligence Committee, called Pulte “a national security threat.”
According to NPR, Democrats refused to support any FISA extension while Pulte was set to oversee the intelligence community. Even some Republicans expressed concerns, with Senate Majority Leader John Thune saying, “We don’t need a weaponized DNI. We need professionals there.”
The FISA Section 702 Lapse
Section 702 of FISA allows U.S. intelligence agencies to collect the electronic communications of foreign nationals located outside the United States without individual warrants. The government says more than 60% of the President’s Daily Brief relies on information collected under this authority. The House vote on June 11 saw only seven Democrats supporting the extension, and members then left Washington for a recess that will keep them away until June 23.
Despite the lapse, intelligence collection is expected to continue under existing court orders. Glenn Gerstell, former NSA General Counsel, told NPR that the risk is limited, noting that “it is irresponsible to accept any risk in this area under circumstances where we can control the risk. We can make it zero.” Companies that provide electronic communications services remain legally required to comply with collection requests, though some lawmakers worry about potential legal challenges.
Jay Clayton: A Bipartisan Pick
Trump announced Clayton’s nomination via Truth Social on the afternoon of June 11, describing him as “very Highly Respected” and urging the Senate to confirm him “as soon as possible.” Clayton currently serves as U.S. Attorney for SDNY, where he oversaw high-profile prosecutions including the case against former Venezuelan leader Nicolás Maduro. He previously served as SEC Chairman from 2017 to 2020, winning confirmation with a bipartisan 61-37 vote, and was a partner at the law firm Sullivan & Cromwell.
Rep. Jim Himes of Connecticut, the top Democrat on the House Intelligence Committee, said he has “known and respected Jay Clayton for decades” and called his nomination one that “may have avoided lots of pain” had it been made a week earlier. The Senate Intelligence Committee has scheduled Clayton’s confirmation hearing for June 17.
The Political Calculus
Trump’s nomination of Clayton appears to be a strategic retreat following the Pulte backlash. By selecting a well-respected figure with bipartisan credibility, Trump may be attempting to salvage the FISA reauthorization while still keeping Pulte involved — the president said Pulte would serve as acting DNI “for a short while” until Clayton is confirmed. However, Democrats have made clear that Pulte’s mere presence in any acting role remains unacceptable.
Sen. Mark Warner expressed frustration at the timing, noting that the House had already left town: “Why he waited until after the House broke, I have no idea.” Sen. Richard Blumenthal added, “The president’s timing couldn’t be worse.”
What’s Next
Clayton’s confirmation hearing on June 17 will be closely watched. Given his previous bipartisan support, he is likely to receive significant Democratic backing, but the unresolved question of Pulte’s role could complicate the timeline. The House is not scheduled to return until June 23, meaning FISA Section 702 will remain lapsed for at least 11 days. Meanwhile, outgoing DNI Tulsi Gabbard — who announced her resignation on May 22 citing her husband’s battle with cancer — is set to depart on June 30, leaving a leadership vacuum at an agency she had already downsized by 30-40%.
The dual developments — a new intelligence chief nominee and the expiration of a cornerstone surveillance tool — represent one of the most significant shake-ups in U.S. national security leadership and policy in recent years, with implications that will unfold over the coming weeks.