Jay Clayton DNI vote set in Senate, ending Pulte's interim role

The Senate is scheduled to hold a Jay Clayton DNI vote on Tuesday evening, with President Donald Trump’s nominee positioned to take charge of the U.S. intelligence apparatus. Confirmation would give Clayton access to the government’s most sensitive secrets and authority over 18 U.S. intelligence agencies, while ending Bill Pulte’s short and disputed period as interim director of national intelligence.

Clayton, a former Securities and Exchange Commission chair who is now U.S. attorney for the Southern District of New York, cleared a procedural step in the Senate on Monday. Senate Majority Leader John Thune, R-S.D., backed the nomination from the floor, saying, “Amid a heightened threat environment, having a proven leader in this role is especially important. Jay Clayton fits this mold.”

Who is Jay Clayton and what would the DNI job give him?

Clayton is best known in Washington for leading the SEC during Trump’s first administration and currently serves as the top federal prosecutor in the Southern District of New York. The director of national intelligence is one of the most sensitive national security posts in the U.S. government, with authority across the country’s intelligence agencies and access to classified information at the highest levels.

If confirmed, Clayton would replace Pulte, a close Trump ally who also leads the Federal Housing Finance Agency. Pulte’s time at the top of the intelligence office drew controversy after several rounds of layoffs involving senior intelligence officials.

Why was Jay Clayton's DNI vote delayed?

Trump named Clayton as his choice for director of national intelligence in June. The selection was initially viewed by lawmakers as relatively unlikely to trigger a prolonged fight, and some senators sought to accelerate the process because they wanted Pulte removed from the interim role.

The timetable changed when Trump directed Clayton not to attend a scheduled confirmation hearing in June, delaying Senate consideration. Clayton later appeared before the Senate Select Committee on Intelligence earlier this month.

That hearing became contentious after Clayton would not state directly that Joe Biden won the 2020 presidential election. He also defended subpoenas issued to New York Times journalists over their reporting on a Qatari jet given to Trump. The Justice Department has since withdrawn those subpoenas.

What could Clayton's confirmation mean for Section 702?

Clayton’s approval could affect negotiations over Section 702 of the Foreign Intelligence Surveillance Act, a foreign surveillance authority that lapsed in June. The renewal effort had been complicated in part by Democratic opposition to Pulte’s interim appointment, according to the political dispute described around the nomination.

Section 702 is a surveillance provision tied to foreign intelligence collection, and its future depends on a congressional agreement to renew or revise it. A confirmed director of national intelligence would give the administration a Senate-approved official in place as lawmakers consider whether and how to restore the authority.

This story draws on original reporting from CNBC.