Trump Intel Pick Jay Clayton Played Key Role in NYT Subpoenas

Progressive groups are demanding that Democrats on the Senate Select Committee on Intelligence oppose Jay Clayton’s nomination as director of national intelligence, pointing to his role in an attempt to intimidate the New York Times over critical reporting on the Trump administration.

Some key Democrats, however, have so far not committed to opposing President Donald Trump’s nominee for the nation’s top intelligence job.

Clayton, who serves as the top federal prosecutor in the Southern District of New York, signed the subpoenas sent Friday that targeted New York Times journalists for their reporting on serious security flaws in the Qatari-donated Air Force One jet.

“It seems Jay Clayton is up to his eyeballs in sending intimidation subpoenas to reporters.”

Two Democrats on the intelligence committee did not indicate whether the subpoenas were a dealbreaker for Clayton’s nomination, which is set to be the subject of a Wednesday hearing.

Sen. Mark Warner, D-Va., the vice chair of the committee, has not said whether he intends to vote in favor of Clayton’s nomination. He previously praised Clayton for having the “right temperament” when Trump tapped him, but has said he still wants to press the prosecutor about whether he will use the DNI post to pursue Trump’s 2020 election obsession.

Asked for comment about the subpoenas Tuesday, Warner said he anticipated that Clayton would be quizzed about the matter during his hearing.

“I think it’s important that we stand up for the independence of the press,” he said.

When asked by The Intercept whether the subpoenas were disqualifying for Clayton’s nomination, fellow intelligence committee member Sen. Mark Kelly, D-Ariz., said, “I’ve got questions about it.”

The cautious position staked out by the Democrats stood in sharp contrast to that of Sen. Ron Wyden, D-Ore., the committee’s longest serving member and a frequent skeptic of the intelligence agencies when it comes to civil liberties. In a social media post Sunday, Wyden noted that federal agents hand-delivered some of the subpoenas to the reporters who co-authored the article.

“It seems Jay Clayton is up to his eyeballs in sending intimidation subpoenas to reporters and armed thugs to their homes,” Wyden said. “This is not acceptable in a DNI.”

Dems Pushing for Clayton

The subpoenas came at an awkward moment for some Democrats in Congress aligned with the intelligence community. Those Democrats, including Connecticut Rep. Jim Himes, the ranking member of the House Permanent Select Committee on Intelligence, had hoped to swiftly confirm Clayton in order to cut short the temporary appointment of housing czar Bill Pulte as director of national intelligence.

Clayton was seen by Democrats such as Himes as an acceptable alternative to Pulte, who was handed the reins of the country’s intelligence apparatuses with a mandate from Trump to stoke baseless conspiracy theories about the 2020 election.

Some Democrats like Wyden, however, have noted that Clayton himself has also publicly indulged in election fraud conspiracy theories.

His role in the subpoenas should make him a non-starter for intelligence chief, a coalition of progressive groups including Indivisible and Reporters Without Borders said in a letter Monday.

“Members of Congress across the aisle have embraced Clayton as a more respectable option than Pulte and hope to see the nomination process quickly,” the groups said. “Measuring Clayton’s qualifications against Pulte’s rather than the demands of the office would be a detriment to national security.”

Caitlin Vogus, a senior adviser with Freedom of the Press Foundation, said intelligence committee members should grill Clayton over the subpoenas.

“Anyone who hides behind fabricated ‘national security’ claims to demand journalists expose confidential sources can’t be trusted to lead America’s intelligence agencies,” Vogus said in a statement to The Intercept. “Senators should demand to know whether Clayton issued these outrageous subpoenas at the explicit behest of the White House, and whether he’d use similar tactics as DNI against journalists and whistleblowers who expose intelligence failures or abuses.”