DNI Pick & FISA Battle
Senate Leaders Push for Quick Confirmation of Trump's DNI Pick Jay Clayton, Linked to FISA 702
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Senate Majority Leader John Thune is pushing to confirm Jay Clayton as director of national intelligence "as quickly as possible," with a full Senate floor vote targeted for June 19 AP. Clayton, the U.S. Attorney for the Southern District of New York and former SEC chairman, was nominated by President Trump on June 11 after a failed House vote to extend a key surveillance law PBS.
The nomination is directly tied to Section 702 of the Foreign Intelligence Surveillance Act — the law that lets the NSA collect communications of foreign targets abroad. The House voted 198–218 to block a short-term extension on June 11, and the law expired at midnight Axios. Senate Republicans are betting a confirmed Clayton unlocks bipartisan support for reauthorization.
How Bill Pulte Blew Up the FISA Deal
The standoff started when Trump tapped Bill Pulte — head of the Federal Housing Finance Agency — as acting DNI, moving his start date up to June 19 CBS News. Democrats, and even some Republicans, refused to go along. Pulte had no intelligence background, and critics argued he legally could not hold the role. Federal law requires the DNI to have "extensive national security expertise."
Sen. Chuck Schumer said flatly: "Pulte has to go... he cannot be in the DNI role. It's too important" Newsday. Nineteen Republicans joined Democrats to kill the House FISA extension over the Pulte controversy. Trump's answer was to nominate Clayton — a figure both parties know from his 61–37 Senate confirmation as SEC chairman in 2017 NCSHA.
Clayton's Confirmation Hearing Set for June 17
The Senate Intelligence Committee scheduled a hearing for Clayton on June 17, just two days before the June 19 target vote CBS News. Senate Intelligence Chairman Tom Cotton joined Thune in promising fast action. Thune said the Senate would "probe the limits" of how quickly it can move AP.
Clayton replaced outgoing DNI Tulsi Gabbard, who resigned early citing her husband's health PBS. Trump called Clayton a "highly respected talent" with "the best credentials" and urged the Senate to "confirm Jay as soon as possible" on Truth Social. Rep. Jim Himes, the top Democrat on House Intel, said he respects Clayton but noted: "Had this nomination been made a week ago, lots of pain might have been avoided" Jewish Insider.
Does the FISA Lapse Actually Hurt Intelligence Collection?
Privacy advocates say the alarm over Section 702 expiring is overblown. Existing FISA Court surveillance certifications stay valid through March 2027, regardless of the legal sunset Electronic Frontier Foundation. That means the NSA can still collect on already-approved targets. New targets, however, cannot be added under expired authority — creating what analysts call a partial "intelligence gap" Washington Times.
Groups like the ACLU and the Cato Institute argue the "intelligence darkness" narrative is deliberate pressure politics. They say lawmakers should use the lapse as leverage to add warrant requirements for searches of Americans' data swept up in 702 collection — something bipartisan reformers have pushed for over a decade Cato Institute.
What Clayton's Confirmation Would Mean for the ODNI
If the June 19 vote succeeds, Clayton takes the helm just as Pulte was set to arrive — neutralizing Democratic opposition and clearing the path for a FISA reauthorization vote. Sources told CBS News that Trump wants the ODNI "dramatically scaled back" in his second term, suggesting Clayton may oversee a leaner operation coordinating the country's 18 intelligence agencies.
Clayton's background is in corporate law and prosecution, not espionage. Analysts say that background could shift the ODNI toward a legal and regulatory oversight model AdvisorHub. Democrats have signaled they will support Clayton — but only with a "clear guarantee" that Pulte never serves in an acting DNI capacity during the transition The Guardian.
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