Jay Clayton, the U.S. attorney for the Southern District of New York, has maintained a rather high profile lately. In late April, for example, he appeared on CNBC and celebrated Donald Trump’s “palpable” commitment to the First Amendment. A few weeks later, Clayton also made the case on CNBC that the defunct $1.766 billion compensation fund had merit because “they” tried to “destroy” the president.
As recently as Monday, as the White House pushed conspiracy theories about election results in California, Clayton again toed the party line on national television, arguing the public is “right to question” the vote tallies.
If that was an audition for a promotion, it was apparently a successful one. On Thursday afternoon, Trump announced by way of his social media platform:
I am pleased to announce the Nomination of very Highly Respected Jay Clayton, former Chairman of the Securities and Exchange Commission, the former Head of Sullivan & Cromwell, one of the most prominent and successful Law Firms anywhere in the World, and the current United States Attorney for the Southern District of New York, to be the next Director of National Intelligence and, importantly, to serve in my Cabinet. Few people anywhere in the Legal Community are respected at the level of Jay. I encourage the United States Senate to confirm Jay as soon as possible. Thank you for your attention to this matter!
If confirmed, Clayton would succeed outgoing DNI Tulsi Gabbard, whose resignation will take effect next week.
Clayton isn’t as outlandish a choice as Bill Pulte, whom the president recently tapped to serve as the acting DNI, but it would be an exaggeration to say his looming nomination is entirely uncontroversial.
In mid-November, Trump went even further than he usually does in directing the Justice Department to target his perceived political foes and critics, announcing that he wanted then-Attorney General Pam Bondi and federal law enforcement officials to investigate former President Bill Clinton and former Treasury Secretary Larry Summers, among others, over their alleged Jeffrey Epstein ties.
Four hours later, Bondi did as she was told, announcing via social media that she was tapping Clayton, who chaired the Securities and Exchange Commission during Trump’s first term, to “take the lead” on the matter.