Tulsi Gabbard’s Permanent Replacement Confirmed By Senate, Sets Up Possible Vote On Warrantless Spying Tool

The Senate confirmed U.S. Attorney for the Southern District of New York Jay Clayton Tuesday to serve as the next director of national intelligence (DNI), which may revive the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA).

The upper chamber voted to confirm Clayton, making him the permanent replacement for former DNI Tulsi Gabbard. Republican senators initially planned to accelerate Clayton’s confirmation processafter Congress failed to reauthorize Section 702, though President Donald Trump requested that the process be delayed to confirm another attorney for the Southern District of New York.

Clayton’s confirmation may allow the Senate to vote on reauthorizing Section 702. Democrats would likely back its reauthorization since U.S. Federal Housing Director Bill Pulte would no longer be serving as acting DNI.

Senators moved at an unusual speed to confirm Clayton as they faced pressure to reauthorize Section 702, which permits the government to collect Americans’ data without a warrant. The House failed to pass a temporary extension of Section 702 in a 198 to 218 vote on June 11, with 19 Republicans joining most Democrats in voting against it.

Democrats opposed the reauthorization of Section 702 as retaliation against Trump tapping Pulte to temporarily serve as acting DNI.

Trump requested on June 17 that the Senate postpone Clayton’s confirmation until Jamie McDonald was approved to be the next attorney for the Southern District of New York. Senate Intelligence Committee Chairman Tom Cotton initially planned to move forward with the confirmation process on June 17, but then postponed the hearing. (Read more from “Tulsi Gabbard’s Permanent Replacement Confirmed By Senate, Sets Up Possible Vote On Warrantless Spying Tool” HERE)