Special Investigations

Press Freedom Defense Fund

Intel Pick Jay Clayton Won’t Tell Congress Whether Trump Ordered Subpoenas of NYT Journalists

Democrats questioned whether Jay Clayton would be able to stand up to Trump about using public office for retribution.

At his confirmation hearing to serve as the nation’s top intelligence officer, Jay Clayton dodged questions about whether the White House ordered him to send subpoenas to New York Times journalists as part of an FBI investigation into alleged leaks of classified information.

Under questioning from Democratic senators, Clayton, who currently serves as the top federal prosecutor in the Southern District of New York, defended the process that resulted in FBI agents showing up to the reporters’ homes to hand-deliver subpoenas seeking the source of disclosures about security flaws in the Qatari-donated new Air Force One jet.

“I’m not going to get into the details. But what I can tell you is that we followed the procedures.”

“I’m not going to get into the details. But what I can tell you is that we followed the procedures.”

Clayton declined to answer questions, however, on whether the White House or top officials at the Justice Department ordered him to send the subpoenas.

“I’m not going to get into the details,” Clayton said under questioning from Sen. Michael Bennet, D-Colo. “But what I can tell you is that we followed the procedures, and those procedures, for the reasons that I believe firmly and you believe — protecting the freedom of the press, being the least intrusive possible — require consultation.”

Clayton’s role in sending the subpoenas, which went out under his signature Friday, has emerged as a flashpoint in his nomination to replace Tulsi Gabbard as director of national intelligence.

Housing czar and Trump loyalist Bill Pulte is currently serving as the intelligence chief on a temporary basis, and some centrist Democrats have argued that Clayton should be swiftly confirmed to shut off Pulte’s access to classified information.

For Democrats on the intelligence committee, however, Clayton’s role in the subpoena to New York Times journalists suggested that he may be just as eager as Gabbard and Pulte to use the powers of public office to appease the president.

Trump’s Intel Pick Played Key Role in NYT Subpoenas — But Some Democrats Still On the Fence

Those concerns about the subpoenas dovetailed with worries about Clayton’s views on election fraud. Democratic senators repeatedly questioned Clayton on whether former President Joe Biden won the 2020 election, which has emerged as an important litmus test in light of Gabbard’s role in........

© The Intercept