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By Ellie Cook
Senior Defense Reporter
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The Senate narrowly confirmed Jay Clayton, President Donald Trump's pick for the U.S.'s top spy, on Tuesday, after a tense confirmation hearing and concerns over whether he had the tools to lead all U.S intelligence agencies in what officials and experts call an increasingly dangerous world.
GOP lawmakers pushed through Clayton's confirmation as director of national intelligence (DNI) by 51 votes to 47, as Democrats wrestled with pointed concerns over Clayton and a desire to replace the acting spy chief, Bill Pulte.
Clayton will now take responsibility for all 18 U.S. intelligence agencies, but he still faces questions over whether he has the experience to head America's spy networks and enough independence from the White House**—**all while intelligence officials warn of threats to U.S. citizens at home and abroad.
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Clayton's Previous Experience
Clayton's work history is rooted in financial regulation and corporate law, rather than intelligence or national security. He's a former Securities and Exchange Commission (SEC) chairman and U.S. Attorney for Manhattan.
Democratic Senator Mark Warner, who is the vice-chair of the Senate select committee on intelligence, called Clayton a "capable public servant" ahead of his grilling by lawmakers earlier this month, but said the role required a candidate with "extensive national security experience."
Warner was one of several Democrats who raised concerns about Clayton's distance from the White House.
"I came away from his confirmation process with serious reservations about whether he would be willing to stand up to political pressure when it matters most," Warner said on Tuesday.
During his confirmation hearing, Clayton repeatedly refused to say Trump had lost the 2020 election, which former President Joe Biden won. Trump has frequently claimed, without evidence, he was victorious in the election.
"From start to finish, Mr. Clayton has proven himself incapable of telling the truth or demonstrating an iota of independence from Donald Trump," said Oregon Democrat, Ron Wyden.
A major policy challenge is on the horizon for Clayton, too. The Senate last month refused to renew a law that allows U.S. intelligence agencies to spy on communications of foreigners thought to be outside the U.S. without case-by-case authorization.
It's known as Section 702 of the Foreign Intelligence Surveillance Act (FISA), and it's one of the U.S.'s most important tools to collect intelligence on terror plots, cyber hackers, foreign governments and weapons developments. It can be used to compel U.S. communications companies to provide data on certain approved targets.
But it's strictly monitored by U.S. lawmakers because of concerns over privacy and whether agents could inadvertently spy on U.S. citizens.
Senate Democrats had vowed to shoot down the reauthorization for Section 702 unless Trump removed his ally Pulte as acting DNI. The previous approved term for Section 702 expired on June 12.
The White House said last month that refusing to greenlight the FISA provision "puts America’s national security at risk." It's not yet clear when the Senate will revisit the issue.
Turbulent Times
Clayton's confirmation comes at a turbulent time for the U.S., and for the rest of the world. As DNI, Clayton will be responsible for overseeing U.S. intelligence gathering on a range of key national security issues, both within U.S. borders and far beyond.
The U.S. Secret Service said last week threats against people falling under its protection had surged 40 percent in a year, and the U.S. intelligence community has warned of surging cyberattacks and hacking threats.
It's becoming harder to root out and stop some threats, like ransomware assaults, before they happen, according to the 2026 Annual Threat Assessment, which is released by the DNI each year.
Russia still maintains the world's largest nuclear arsenal, while China is rapidly expanding and modernizing its military. Beijing's navy is already larger than the U.S.'s fleets, with Moscow and Beijing both drawing closer to North Korea and Iran to cooperate on military development, experts say.
The U.S. is also under pressure from the ongoing war in Iran, with tensions flaring again overnight into Wednesday as the U.S. accused Iran of "an attempted surprise attack on U.S. forces based in the Middle East.
State of US Intelligence Community
Clayton will inherit a collection of intelligence agencies rattled by widespread job cuts and dramatic budget reductions, which current and former officials worry could harm the DNI's ability to marry up the different agencies and keep ahead of threats to the U.S.
Pulte said late Sunday he had presided over four rounds of "thoughtful, measured layoffs" as DNI, including more cuts at the weekend.
Just hours before Clayton's confirmation, Pulte then declared he had carried out a fifth and "Near Final" round of cuts, slicing the workforce by roughly a third in just a few weeks.
Tulsi Gabbard, the former DNI who resigned earlier this year to be replaced by Pulte, said she had already slashed the workforce by 40 percent.
Contact Newsweek editors on this story: Matthew Robinson and Robert Greenall
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