Trump Nominates Former SEC Chair Jay Clayton as Director of National Intelligence

President Donald Trump on Thursday nominated Jay Clayton to serve as the permanent director of national intelligence, a move that came hours after the House of Representatives rejected a short-term extension of a key foreign surveillance law — a defeat directly tied to Democratic opposition over Trump's earlier pick for the role.

Clayton is currently the U.S. Attorney for the Southern District of New York and previously served as chairman of the Securities and Exchange Commission. His nomination requires Senate confirmation.

Trump announced the selection in a Truth Social post, calling Clayton "very Highly respected" and urging the Senate to act quickly. "Few people anywhere in the Legal Community are respected at the level of Jay," Trump wrote.

Senate Majority Leader John Thune, R-S.D., told reporters that Clayton has a "great reputation" and that Republican leadership would pursue confirmation "as quickly as possible." When asked whether Clayton could be confirmed before the current acting appointment takes effect next week, Thune said, "I don't know what realistic is, but we're going to probe the limits of it." Thune also noted he had not been informed of the nomination before Trump made it public.

The announcement followed weeks of controversy over Trump's decision to name Bill Pulte — the head of the Federal Housing Finance Agency — as acting DNI to replace outgoing director Tulsi Gabbard, who is set to leave the post June 19. Pulte has no prior national security experience, and his appointment drew bipartisan criticism, including from lawmakers who argued it violated a statutory requirement that the DNI have "extensive" national security experience.

That opposition had direct consequences Thursday. The House voted 198–218 against a proposal to extend Section 702 of the Foreign Intelligence Surveillance Act through July 2. Speaker Mike Johnson had attempted to advance the measure under a procedural tool typically reserved for noncontroversial legislation, requiring two-thirds support. Nineteen House Republicans also voted against it. House members departed Washington after the vote and are not scheduled to return until June 23.

Section 702 authorizes the government to collect communications of foreign nationals outside the United States, including when those individuals communicate with Americans. The program has faced persistent criticism from privacy advocates but is considered by national security officials to be a vital intelligence tool — particularly as the U.S. prepares to host the FIFA Men's World Cup, which began Thursday, along with a series of semiquincentennial celebrations in the coming weeks.

House Minority Leader Hakeem Jeffries, D-N.Y., along with several Democratic colleagues, said in a joint statement that they "cannot in good conscience vote for reauthorization without significant reforms to protect both national security and the constitutional privacy rights of Americans."

Johnson blamed Democrats after the vote, saying, "The Democrats, 199 of them, voted against a clean, three-week extension for political purposes. And when the bill went down, they applauded. That record and that video is going to live in infamy."

Several Democratic senators offered qualified praise for Clayton's nomination while sharply criticizing its timing. Sen. Mark Warner, D-Va., the vice chairman of the Senate Select Committee on Intelligence, said he has "great respect for Jay Clayton" but questioned why Trump had waited. "If there was any level of serious concern about this in the White House, the House has already left town," Warner said. Sen. Richard Blumenthal, D-Conn., called the selection "seemingly a positive step" but said, "The President's timing couldn't be worse."

Senate Minority Leader Chuck Schumer, D-N.Y., did not address Clayton directly but insisted that Pulte must not assume the DNI role under any circumstances. "The DNI role is too important," Schumer said. "He cannot be there, no ands, ifs, or buts."

Warner acknowledged Thursday that allowing Section 702 to lapse without a qualified intelligence leader in place is "dangerous," while noting that alternatives — including keeping Trump-appointed deputy Aaron Lukas in the role temporarily or a presidential executive order — remain legally uncertain. With the House gone until June 23 and Section 702 set to expire Friday, the path to restoring the surveillance authority before the World Cup's opening weeks remains unclear.