President Donald Trump announced Thursday his intention to nominate Jay Clayton, the current U.S. Attorney for the Southern District of New York, as the next Director of National Intelligence. The nomination comes after significant congressional pushback against the president’s previous choice for the position.
Clayton, who previously served as chairman of the Securities and Exchange Commission and held a leadership position at the prominent law firm Sullivan & Cromwell, would serve in the president’s cabinet if confirmed by the Senate. The president characterized Clayton as “very highly respected” within the legal community and urged swift Senate confirmation.
The nomination follows a tumultuous period for the intelligence leadership position. Bill Pulte, a federal housing official and private equity investor, had been serving in an interim capacity since earlier this month after Tulsi Gabbard stepped down in May. Pulte’s appointment drew immediate criticism from Democratic lawmakers who questioned his lack of national security experience and security clearance.
The controversy surrounding Pulte’s appointment reached a critical point Thursday when a proposed three-week extension of Section 702 of the Foreign Intelligence Surveillance Act failed to pass in the House of Representatives. The surveillance authority, which permits U.S. intelligence agencies to conduct warrantless surveillance on foreign nationals abroad, expires at midnight Friday. Democrats had indicated they would not support the extension unless Pulte was replaced.
The failed vote saw 199 Democrats joined by 19 Republicans in opposing the measure, preventing it from achieving even a simple majority in the Republican-controlled chamber. House Speaker Mike Johnson criticized Democrats for using the extension as a “political hostage” over their opposition to Pulte.
Clayton brings substantial prosecutorial experience to the nomination. As head of the Southern District of New York, his office secured an indictment against Nicolás Maduro, the former Venezuelan president, on narco-terrorism charges, which led to Maduro’s capture by U.S. forces earlier this year. His office also managed the review and release of thousands of documents related to convicted sex offender Jeffrey Epstein following renewed public interest after the 2024 election.
Clayton assumed leadership of the Southern District during a period of significant upheaval in April 2025, replacing interim U.S. Attorney Danielle Sassoon. Sassoon had resigned after refusing to comply with Justice Department directives to drop corruption charges against then-New York City Mayor Eric Adams. The case was ultimately dismissed, raising questions about the independence of the Justice Department.
Since taking office, Clayton has maintained a public profile through regular cable news appearances. Earlier this week, he appeared on CNBC where he expressed skepticism about the integrity of California’s mayoral election primary results, stating that “the American people are right to question it.”
Despite Clayton potentially representing a more acceptable choice to lawmakers than Pulte, the timing of his nomination presents immediate challenges. Both chambers of Congress are scheduled to be out of session next week for Juneteenth, potentially delaying any extension of the surveillance program until late June.
The Southern District of New York has not yet indicated who would assume leadership responsibilities should Clayton be confirmed. A spokesperson for the office did not immediately respond to requests for comment Thursday regarding succession planning.
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