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The Senate intelligence committee voted on Tuesday to advance the nomination of Jay Clayton, the top federal prosecutor in the southern district of New York, to serve as the director of national intelligence. The 9-8 vote, announced by the committee's Republican chair, Tom Cotton, moves Clayton's nomination to the full Senate for a confirmation vote.

The vote came after a contentious confirmation hearing last week, during which Democratic senators raised concerns about Clayton's past statements on election integrity and his role in issuing subpoenas to journalists as part of a leak investigation. The committee's Democratic vice-chair, Mark Warner, opposed the nomination, and Democratic senator Ron Wyden released a statement announcing his no vote, accusing Clayton of "spreading conspiracies" about mail-in voting and denying Joe Biden's victory in the 2020 election.

"From start to finish, Mr Clayton has proven himself incapable of telling the truth or demonstrating an iota of independence from Donald Trump," Wyden said.

Coverage comparison

The two outlets covering the story emphasized different aspects of the nomination. The Guardian focused on the committee vote and its potential implications, including the possibility that Clayton's confirmation could pave the way for Congress to renew the Foreign Intelligence Surveillance Act (Fisa). The Intercept, meanwhile, centered its coverage on Clayton's responses to questions about White House involvement in the subpoenas to New York Times journalists, describing his testimony as evasive and highlighting criticism from press freedom groups.

Both outlets noted the narrow margin of the committee vote. The committee is composed of nine Republicans and eight Democrats, and Cotton did not provide a breakdown of individual votes. Warner opposed the nomination, according to a spokesperson.

Key claims

  • The Senate intelligence committee voted 9-8 to advance Jay Clayton's nomination to be director of national intelligence, as reported by The Guardian and confirmed by The Intercept's coverage of the hearing.
  • Democratic senator Ron Wyden accused Clayton of spreading conspiracies about mail-in voting and denying Joe Biden's victory in the 2020 election, according to The Guardian.
  • The Guardian also reported that Bill Pulte has reportedly fired dozens of staffers from the Office of the Director of National Intelligence, and that Clayton's nomination may clear a path for Congress to renew Fisa.
  • The Intercept reported that Clayton dodged questions about whether the White House ordered him to send subpoenas to New York Times journalists as part of an FBI investigation into alleged leaks of classified information about the new Air Force One jet. Clayton defended the process, saying "we followed the procedures," but declined to answer whether White House or Justice Department officials ordered the subpoenas.
  • The subpoenas, signed by Clayton on a Friday shortly after FBI Director Kash Patel met with Trump, were related to an investigation into leaks about security flaws in the Qatari-donated jet, according to The Intercept.
  • Press freedom groups have questioned whether the Justice Department tried to discover the source of the leaks through alternative means, as reported by The Intercept. Trevor Timm, executive director of the Freedom of the Press Foundation, called Clayton's testimony "totally disingenuous," noting that Trump's own subpoena guidelines require exhausting other means before going to journalists.
  • The White House declined to answer questions about whether Trump ordered the subpoenas, according to The Intercept.

Perspectives

Republican committee leadership

The committee's Republican chair, Tom Cotton, praised Clayton as "a highly qualified nominee with a deep experience combatting a wide range of national security threats," and expressed satisfaction that the committee voted to advance his nomination.

Democratic opposition

Democratic members of the committee, including vice-chair Mark Warner and senator Ron Wyden, opposed the nomination. Wyden's statement accused Clayton of being incapable of telling the truth and lacking independence from Trump. Other Democrats raised concerns about politicization at the office of the DNI and Clayton's past statements echoing Trump's claims of election fraud.

Press freedom advocates

Trevor Timm of the Freedom of the Press Foundation criticized Clayton's testimony about the subpoenas as "totally disingenuous," arguing that the speed of the subpoenas and their timing relative to Patel's meeting with Trump point to White House involvement.

While the Senate vote advances Clayton's nomination, it remains unclear when the full Senate will vote on his confirmation. If confirmed, Clayton would take over from Tulsi Gabbard, who departed the DNI role last month.