President Donald Trump announced on June 17 that a scheduled Wednesday Senate hearing on Jay Clayton’s nomination to serve as Director of National Intelligence (DNI) has been called off and will not proceed until James McDonald is confirmed as the U.S. Attorney for the Southern District of New York (SDNY).
Trump nominated Clayton last week to be the next U.S. spy chief. Clayton currently serves as the U.S. Attorney for the Southern District of New York. The president made the nomination amid controversy surrounding Bill Pulte, whom he appointed as acting DNI on a temporary basis and described as a fierce loyalist.
Following the Clayton nomination, Trump put forward James McDonald as Clayton’s successor for the SDNY U.S. Attorney post. The president said McDonald requires Senate approval to take the role and that he did not want to remove Clayton from his current position until McDonald secured confirmation.
In the interim, Trump said Bill Pulte will remain as acting Director of National Intelligence. The president described prior negotiations in which Republicans and Democrats had agreed to remove Pulte as acting DNI in exchange for approval of the Foreign Intelligence Surveillance Act (FISA).
"However, the Republicans moved so fast with the hearings of the Great Jay Clayton ... that Pulte would be gone before the (Democrats) would vote on FISA (Foreign Intelligence Surveillance Act)," he said, claiming that Democrats now say they would vote against FISA. "Not complicated, actually, the Republicans fell into a trap," he said.
Trump also reiterated his position on the renewal of FISA. He said he would not approve any renewal of the surveillance law without the passage of his Save America Act, which would require proof of citizenship for voting.
Congress last week rejected a short-term extension of foreign surveillance powers that the White House sought, a standoff that was linked to the president’s appointment of Pulte as acting DNI. Some lawmakers oppose any extension of FISA under any circumstances, the president said. On Sunday, Trump reiterated that he opposed any renewal of FISA that does not include his Save America Act.
The Save America Act is a voter identification measure that, as the president acknowledged, has no relation to FISA. Nonetheless, Trump has said he will not sign other legislation until the voter identification bill is passed.
Key developments:
- Senate hearing on Jay Clayton’s nomination to be DNI is postponed pending confirmation of James McDonald as SDNY U.S. Attorney.
- Bill Pulte remains acting Director of National Intelligence while the confirmation are pending.
- President ties any renewal of the Foreign Intelligence Surveillance Act to passage of the Save America Act, a voter identification bill.
This pause in the DNI confirmation process highlights a linked set of personnel moves and legislative bargaining that the White House says must be resolved before key nominations and surveillance-authority renewals proceed.