President Donald Trump’s pick to lead U.S. intelligence agencies repeatedly refused to answer questions under unrelenting grilling from Democrats, prompting Sen. Tom Cotton (R-AK) to begin yelling at a confirmation hearing on Wednesday.
Walter “Jay” Clayton III, the U.S. attorney for the Southern District of New York, appeared before the Senate Select Committee on Intelligence for his confirmation as director of national intelligence — the official who oversees all 18 of America’s spy agencies.
Before the hearing, Clayton had already drawn fire for subpoenaing four New York Times reporters who reported on security flaws in President Donald Trump’s Qatari-gifted Air Force One, according to NPR.
Sen. Ron Wyden (D-OR) said federal agents delivered some of those subpoenas to reporters’ homes, calling them “intimidation subpoenas” sent by “armed thugs.”
Demand Progress and a coalition of nearly three dozen progressive groups had warned in a letter to Senate Democrats that confirming Clayton would mean “actively executing the White House’s war on an independent press.”
Sen. Jon Ossoff (D-GA) walked Clayton through the case of Juan Orlando Hernández, a Honduran president convicted in Clayton’s own district of working with the Sinaloa cartel to flood the United States with drugs. Clayton confirmed Trump had pardoned him.
“Who won the 2020 election?” Ossoff asked.
“I’m not gonna do this with you,” Clayton said.
“This is a job interview,” Ossoff replied. “Who won the 2020 election?”
“I think I’ve answered the question,” Clayton said. “We can keep doing this.”
“Well, we’re gonna keep doing it,” Ossoff said.
Clayton, however, continued to evade.
“Isn’t it humiliating to be unable to answer this question?” Ossoff said. “To have to indulge the president’s delusions. We know, you know, everybody in this room knows the truthful answer to that question. Why can you not give it?”
Ossoff then turned to former Director of National Intelligence Tulsi Gabbard, who resigned in May. Earlier this year, Gabbard was present at an FBI raid on a Fulton County, Georgia, elections office — the county at the center of President Donald Trump’s false claims that the 2020 election was stolen — her presence there at Trump’s explicit direction, according to her own letter to congressional Democrats. Members of the committee are already investigating Gabbard’s potential misconduct in the matter, Ossoff said.
“Are you aware that Director Gabbard was present at the Fulton County raid earlier this year?” Ossoff asked.
“You discussed that with me yesterday in your office,” Clayton said.
“What is going on here?” Ossoff demanded. “You have an obligation to be honest and forthright with the committee. I’m asking a very simple question.”
Clayton said he had been made aware of Gabbard’s presence at the raid by Ossoff the day before.
“Your answers lack credibility,” Ossoff said. “Your testimony lacks credibility. You’re being evasive and you’re not being candid or forthright. And everybody across the country is going to watch this and know that.”
Before concluding, Ossoff asked whether Clayton would travel at the president’s direction to oversee a search warrant executed at a sensitive election facility.
“That’s a hypothetical,” Clayton said.
“We all know it’s not appropriate,” Ossoff replied.
“Senator Ossoff, your time has expired!” Senate Intelligence Committee Chairman Tom Cotton (R-AR) yelled, banging his gavel.
Ossoff continued to demand answers, causing the chairman to erupt again.
“Your time has expired!” Cotton said, gaveling him once more.
“Disqualifying!” Ossoff exclaimed.
Sen. Mark Warner (D-VA), the committee’s vice chairman, has warned that Democrats will not vote to extend the Foreign Intelligence Surveillance Act’s warrantless surveillance authority — which lapsed last month — until Clayton is confirmed and acting director of national intelligence Bill Pulte is removed from the post.
Clayton’s confirmation vote has not yet been scheduled.
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