President Trump sought to cancel Wednesday’s confirmation hearing for Jay Clayton to be director of national intelligence, but Senate leaders said they will proceed this afternoon as planned unless the president directs Mr. Clayton not to appear or withdraws his nomination.
Senate Republicans’ move makes clear they disagree with Mr. Trump’s decision to delay Mr. Clayton’s confirmation to ensure his embattled temporary pick, William J. Pulte, will start the job Friday as planned.
Senate Intelligence Committee Chairman Tom Cotton asserted his authority over the hearing in a social media post, saying he is not canceling Mr. Clayton’s planned testimony.
“We will proceed with his hearing as scheduled unless the president directs him not to appear or withdraws his nomination,” the Arkansas Republican said.
Mr. Trump announced his plan to cancel Mr. Clayton’s confirmation hearing just hours before it was scheduled to begin Wednesday afternoon because he thinks Republicans are giving in to Democrats’ demands to prevent Mr. Pulte from taking over as acting director of national security without getting anything in return.
The abrupt announcement, just hours before the confirmation hearing, injects fresh uncertainty into plans to restore an expired spy power, Section 702 of the Foreign Intelligence Surveillance Act. Democrats and Republicans balked at the inexperienced Mr. Pulte in the top intelligence post, undermining support for the FISA reauthorization.
Republican leaders were rushing Mr. Clayton’s confirmation to help clear the way to restore FISA’s Section 702 law, which authorizes spying on communications of foreigners abroad.
Mr. Trump expressed his frustration with Senate Republicans moving too quickly to schedule Mr. Clayton’s confirmation hearing, saying that Mr. Pulte would effectively be gone before Democrats even had to vote on FISA — eliminating leverage.
“However, the Republicans moved so fast with the hearings of the Great Jay Clayton, current U.S. Attorney for the Southern District of New York, that Pulte would be gone before the Dumocrats would vote on FISA,” Mr. Trump wrote on Truth Social.
“Now, the Dumocrats are saying they will vote against FISA — So, the Republicans wound up having fulfilled their commitment, but Dumocrats broke the Deal.”
Mr. Trump picked Jay Clayton, who is serving as the U.S. attorney for the Southern District of New York, to replace Director of National Intelligence Tulsi Gabbard, who is leaving the job because of her husband’s cancer diagnosis.
Mr. Trump also renewed his call for the GOP’s voter ID bill, the Save America Act, to be tied to the reauthorization of FISA’s Section 702 law, which expired June 13.
“I will not approve FISA without THE SAVE AMERICA ACT going along with it. Not complicated, actually, the Republicans fell into a trap,” Mr. Trump said. “Regarding the approval of our Great Patriot, Jay Clayton, we are canceling the Senate Hearing.”
Congressional Democrats hotly oppose the Save America Act, which would require proof of citizenship to register to vote and a photo ID at the polls. Attaching it to FISA virtually ensures Democrats will not support renewing the spy powers.
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