Graham asks Trump to move forward with Clayton’s DNI nomination
Nomination Delay and FISA 702 Reauthorization
Graham asks Trump to move forward – Senator Lindsey Graham (R-S.C.) has called on President Trump to finalize the nomination of Jay Clayton as the next Director of National Intelligence (DNI), following a temporary pause in the process. During an interview with CBS News’ *Face the Nation* on Sunday, Graham emphasized that the selection of Clayton should not be delayed, arguing that the nomination was ready to move forward. He stated that the process had been stalled due to Democrats’ refusal to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), a critical component of the U.S. intelligence framework that expired earlier this month.
“Mark Warner told me that there are enough votes to get FISA reauthorized, and I would urge President Trump to let Clayton testify,” Graham said, referring to Sen. Mark Warner (D-Va.), the top Democrat on the Senate Intelligence Committee. “And if we nominate Clayton and get him affirmed as the new DNI, we don’t want FISA to go dark. There’s too many threats to our country for 702 to go down.”
The decision to delay Clayton’s nomination was linked to the ongoing debate over Section 702, which allows the government to collect foreign intelligence data from electronic communications. Democrats had threatened to withhold reauthorization unless certain conditions were met, including removing the acting director of the ODNI, Bill Pulte, from his position. Graham contended that this protest was unnecessary and that the intelligence community could continue operating without the reauthorization, provided Clayton’s confirmation proceeded.
Graham’s Advocacy for Clayton’s Confirmation
Graham’s push for Clayton’s nomination came as a response to what he described as a political stalemate. He argued that Clayton, currently serving as U.S. Attorney for the Southern District of New York, was the ideal candidate for the role, citing his experience and qualifications. The senator also pointed out that the delay had created uncertainty, with potential consequences for national security.
“Mark Warner told me that there are enough votes to get FISA reauthorized, and I would urge President Trump to let Clayton testify,” Graham said, referring to Sen. Mark Warner (D-Va.), the top Democrat on the Senate Intelligence Committee. “And if we nominate Clayton and get him affirmed as the new DNI, we don’t want FISA to go dark. There’s too many threats to our country for 702 to go down.”
Graham highlighted the importance of maintaining continuous surveillance capabilities, stating that the intelligence community needed Section 702 to remain active. He suggested that the bipartisan support for Clayton’s nomination could be leveraged to resolve the standoff and ensure the reauthorization of the spy program. Despite the delay, Graham remained confident that the necessary votes were available to pass FISA 702, which he believed was essential for monitoring foreign adversaries and protecting national interests.
SAVE America Act and Legislative Priorities
President Trump’s decision to halt the DNI nomination process was not solely about FISA 702. It also coincided with his efforts to push the Safeguard American Voter Eligibility (SAVE) America Act through Congress. The legislation, which Trump has prioritized as a key legislative goal, aims to strengthen voter ID requirements and prevent voter fraud. However, the act has faced resistance in the Senate, particularly from Democratic lawmakers who argue it could disproportionately affect minority and young voters.
Although the SAVE America Act passed the House in February, it has stalled in the Senate due to a lack of Democratic backing. Senate Minority Leader Chuck Schumer (D-N.Y.) and other Democrats have likened the bill to the Jim Crow laws, suggesting it could undermine voting rights. Graham, while not directly addressing the SAVE America Act in his remarks, noted that the delay in Clayton’s nomination was part of a broader strategy to keep the legislative calendar on track.
Trump had previously stated that the Republican lawmakers had “fallen into a trap” set by Democrats, who he accused of breaking the agreement to remove Pulte as acting director. The president argued that the delay was a calculated move by Democrats to pressure Republicans into supporting the SAVE America Act. However, Graham maintained that the delay had created a false dichotomy, with both parties at fault for the impasse.
Political Stalemate in the Senate
The situation has exposed a growing divide between the Democratic and Republican factions in the Senate. While several Republicans have expressed support for the SAVE America Act, Senate Majority Leader John Thune (R-S.D.) has raised concerns about its viability, noting that it may not gain enough traction without Democratic endorsement. Thune has also hinted at an alternative approach, suggesting that FISA 702 could be renewed independently of the SAVE America Act.
Graham, in his remarks, reiterated the urgency of resolving the issue. He warned that the continued delay could have long-term repercussions, with the nation’s security at risk if the intelligence community is forced to operate without the legal authority provided by Section 702. The senator also emphasized that Clayton’s confirmation should not be contingent on the outcome of the SAVE America Act, stressing the need for a more expedited process.
When asked whether Trump would proceed with the nomination based on Graham’s comments, the senator deferred to the president, stating, “We need FISA up and running,” and expressed hope that the confirmation process and reauthorization could be completed in tandem. “Here’s what I hope will happen: that Clayton will appear before the committee, we’ll get him confirmed, and we’ll get FISA reauthorized, as the original plan was,” Graham said. “I think the Democratic votes are there. We’re playing with fire here, no matter what side does it.”
Graham later clarified that while he was currently comfortable with Pulte’s temporary leadership, the situation would become untenable if FISA 702 was not reauthorized. “I’m fine right now with Pulte leading DNI, but I won’t be fine much longer if we don’t get FISA up and running, and I think Clayton’s the perfect pick,” he added. This sentiment reflects the senator’s belief that Clayton’s nomination is not only a strategic move but also a necessary step to ensure the intelligence community’s operational continuity.
The delay in Clayton’s confirmation has underscored the challenges of navigating partisan dynamics in the Senate. While Trump has framed the issue as a Democratic obstruction, Graham has positioned himself as a bridge between the two parties, advocating for a solution that preserves both national security and legislative momentum. The outcome of the situation will likely depend on the ability of lawmakers to find common ground, even as tensions over FISA 702 and the SAVE America Act continue to shape the political landscape.
