Democratic senators pressed Jay Clayton, President Trump's pick for director of national intelligence, on election security and integrity, but left unsatisfied with his answers. Clayton, the U.S. attorney for the Southern District of New York and former head of the Securities and Exchange Commission, faced tough questions from senators, including Mark Warner, Angus King, and Mark Kelly, about his views on the 2020 presidential election.
Election Security Concerns
Clayton refused to definitively answer whether Joe Biden won the 2020 presidential election, saying only that it was "certified." He claimed that the Office of the Director of National Intelligence's responsibilities were "principally" outside the United States. However, he was questioned about his predecessor, Tulsi Gabbard, being physically present at an FBI raid of a Georgia election office in January, and he wouldn't comment on its appropriateness.
Mail-in Ballots and Election Fraud
Clayton was also asked about his remarks on mail-in ballots and the California primary election results. He said that mail-in ballots present an "opportunity for fraud," despite studies showing exceptionally low rates of fraud using that method. He also said that "mail-in ballots being used by one group and not another... honestly and dishonestly" was a "question that everyone is now asking." However, when asked to clarify which group he was referring to, Clayton said he would like to see the whole passage and didn't provide a clear answer.
Role of the DNI in Election Security
Clayton discussed the DNI's role in election security in pre-hearing written answers. He said that the DNI has substantial statutory authority to address national intelligence threats to U.S. elections and is responsible for the integration of national intelligence, which may include foreign intelligence threats to U.S. election activity. However, his answers didn't satisfy the Democratic senators, who were concerned about his ability to provide honest and straightforward answers.
Senator Jon Ossoff, D-Ga., had a tense exchange with Clayton, asking him if it wasn't humiliating to be unable to answer the question of whether Biden won the 2020 election. Ossoff said, "We know, you know, everybody in this room knows the truthful answer to that question. Why can you not give it?" Clayton protested that he had already answered the question, but Ossoff didn't agree, saying that Clayton wasn't being honest or forthright with the committee.
Cybersecurity and the DNI
In his opening remarks, Clayton touted his SEC work on cybersecurity. He said that he would work to facilitate cyberthreat information sharing from his office and evaluate whether the DNI should devote more resources to cybersecurity. However, many Republicans are pushing to further reduce the size of Clayton's office, contending it has become bloated beyond Congress' original intentions as a coordinating body.
Clayton also supported the renewal of Section 702 of the Foreign Intelligence Surveillance Act, which gives the executive branch controversial spying powers that Congress recently allowed to expire. Trump has threatened to block renewal unless lawmakers advance his priority election bill. Clayton said he would study how to "minimize the detrimental impact to our national security caused by the lapse in 702 authorities."
Conclusion
Despite the tough questions from Democratic senators, Clayton is likely to get confirmed as DNI, as the GOP controls the Senate and no significant Republican objections were raised during the hearing. Intelligence Chairman Tom Cotton, R-Ark., touted Clayton's experience prosecuting terrorism cases and more, saying that Clayton has worked "hand in glove" with intelligence agencies and counterterrorism personnel to lock up criminals who threaten national security.
Source: CyberScoop