Walter “Jay” Clayton won Senate confirmation Tuesday as director of national intelligence, despite Democratic opposition and criticism over his refusal to acknowledge the 2020 presidential election outcome and his past comments casting doubt on California’s election system.
The position, previously held by Tulsi Gabbard, coordinates the country’s intelligence agencies — including overseeing the U.S. intelligence community and assessing foreign threats to elections.
In his previous role as a top Department of Justice official, Clayton perpetuated a conspiracy theory that California’s mail-in ballots create “an opportunity for fraud” — echoing President Donald Trump’s claims.
“On the integrity side we are doing an absolutely terrible job,” Clayton said to CNBC’s Squawk Box in June about California elections. “Look at Florida … As a state they probably have the best election laws.”
Clayton questioned the California law that continues to count vote-by-mail ballots postmarked on or before Election Day and received within seven days after the election.
“I’m not speculating about fraud. I’m not saying there is fraud,” he said when pushed about his distrust with California voter laws. “I am saying the opportunity for fraud makes no sense to me.”
California Sen. Alex Padilla voted in line with Senate Democrats against Clayton’s confirmation. In a statement after the confirmation, Padilla said Clayton “has failed to show the backbone needed to stand up to Donald Trump and protect the integrity of our elections.”“After Tulsi Gabbard and the FBI seized ballots in Fulton County, Georgia, Trump and his Administration’s plans to interfere in future elections became even more clear,” the statement said.
During a contentious hearing on July 15, Clayton refused to acknowledge that Joe Biden won the 2020 election, but insisted “I’m not an election denier” and added that Biden was “certified” as president.
“Not only does Jay Clayton lack the expertise to lead the Intelligence Community, but he has also shown an unwillingness to speak truth to power – an essential prerequisite for any intelligence professional,” Sen. Adam Schiff said in a statement. “If he cannot give Congress an honest answer about who won the 2020 election, how can we trust Clayton to prevent politicization of our intelligence agencies or provide objective analysis to the President, especially if that analysis conflicts with a false, but preferred narrative of the Commander in Chief?”
Democrats also raised concern over Clayton’s lack of intelligence experience during the mid-July hearing and in the weeks before his confirmation. The director of national intelligence role was created by Congress in the aftermath of the Sept. 11, 2001, terrorist attacks, when investigations found serious failures in coordination of federal intelligence agencies meant to protect against foreign threats.
Clayton, an attorney, spent decades working in the financial industry, most recently for Apollo Global Management. He is a repeat Trump appointee to top government positions — first as chairman of Securities and Exchange Commission in 2017, then as the U.S. attorney for the hugely influential Southern District of New York in 2025.
As a U.S. Attorney, Clayton issued subpoenas seeking grand jury testimony and phone records from New York Times reporters who reported security concerns surrounding the president’s new Air Force One aircraft that was given to him by the Qatari government.
Those subpoenas were withdrawn last week.
Schiff said Clayton has “directly overseen attacks on our First Amendment” to appease Trump.
“Clayton demonstrated his bias towards the President’s personal, political agenda when he issued subpoenas to New York Times journalists and their families, earning the ire of the judge in the case and casting doubt on his truthfulness to the Senate during his nomination hearing,” Schiff said.
Clayton will take over from acting Director of National Intelligence Bill Pulte — who spent his final days in the role making sweeping staff changes.
Pulte announced on social media “an approximately 30% Staff Reduction from Weeks Ago,” which he called “Good News!”
POLITICO’s Playbook reported on Wednesday that Pulte asked Trump “to delay Clayton’s swearing-in, or at least trying to stay in the job longer.” Pulte will continue his role overseeing the Federal Housing Finance Agency.
Trump celebrated Clayton’s Senate confirmation in a Truth Social post Tuesday night.
“Congratulations to the Great Jay Clayton on his confirmation by the United States Senate, to be the next Director of National Intelligence. Jay is outstanding in every way, and will do a spectacular job as Director!” he wrote.
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