Trump upends spy chief nomination, linking it to voter ID and lapsed surveillance law
President Trump cancelled Jay Clayton's confirmation hearing hours before it was set to begin, demanding that a voter-ID bill be attached to any renewal of the Foreign Intelligence Surveillance Act and that Clayton's successor in Manhattan be confirmed first.
Trump cancels hearing and ties intelligence post to voting law
President Donald Trump halted the Senate Intelligence Committee confirmation hearing for his permanent spy chief nominee, Jay Clayton, in an early-morning Truth Social post on Wednesday, 17 June. The hearing had been scheduled for that day, and Republicans were hoping to move Clayton quickly into the role of Director of National Intelligence. Trump directed Clayton not to appear, saying the hearing would not go forward until James McDonald, his pick to replace Clayton as U.S. Attorney for the Southern District of New York, was confirmed.
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.
The SAVE Act and the lapsed surveillance tool
Trump also repeated that he would not approve renewal of the Foreign Intelligence Surveillance Act, or FISA, without passage of the SAVE America Act, a bill requiring proof of citizenship to vote. Section 702 of FISA, which allows warrantless collection of foreign intelligence that can sweep in Americans' communications, has lapsed. Democrats had been withholding votes to renew it while Bill Pulte, a Trump loyalist with no national security experience, remained acting DNI.
I think the president wants to add SAVE America to pretty much everything. But that, obviously, is not realistic to get the FISA bill done. And we want to get the FISA bill done.
Senate Republicans' frustration boils over
Trump's sudden reversal blindsided Senate Republicans who thought they were nearing a deal. Senator Thom Tillis called it a "colossal mistake," and Senator John Kennedy, asked about coordination, replied "Well, duh." The episode is the latest in a string of actions by Trump that have undercut his own party's legislative plans, including a $1.8 billion anti-weaponisation fund that nearly killed an immigration funding bill and demands to end the filibuster and fire the parliamentarian.
It's undermining our ability to produce the very results he wants.
Hearing postponed, acting spy chief remains in place
The committee chairman, Republican Tom Cotton, said the hearing was "unfortunately postponed" and that he looked forward to moving forward with Clayton's confirmation soon. Democratic vice-chair Mark Warner called the episode an "extraordinary display of dysfunction" and said national security cannot be governed by social media post. With Clayton's hearing cancelled, Bill Pulte will stay on as acting DNI, extending a tenure that both parties had wanted to end quickly.
- Trump says he will veto any FISA renewal that does not include the SAVE Act.
- Trump posts on Truth Social cancelling Clayton's confirmation hearing, stating it won't go forward until McDonald is confirmed.
- Chairman Tom Cotton announces the hearing is postponed; Senator Warner calls it 'an extraordinary display of dysfunction'.
What happens next
No new hearing date has been set for Clayton. Trump's insistence on the SAVE Act, which lacks the 50 votes needed in the Senate, means the path to reviving FISA remains blocked. Senate Majority Leader John Thune has said adding the voting measure to the surveillance bill is not realistic. The standoff leaves the intelligence chief post in the hands of an acting loyalist and the surveillance powers expired, with the midterm elections less than five months away.
