Trump taps Jay Clayton, prosecutor who echoed California election lies, as intel chief

President Donald Trump said he will nominate Jay Clayton, the top federal prosecutor in Manhattan, to be the next director of national intelligence (DNI) just days after the attorney endorsed false conspiracy theories about California’s still-ongoing primary vote count.

Trump announced the nomination after facing intense pushback in Congress for tapping Bill Pulte, a top housing official who has targeted a swath of the president’s enemies, to replace outgoing DNI Tulsi Gabbard in an acting capacity.

“I encourage the United States Senate to confirm Jay as soon as possible,” Trump said in a social media post Thursday.

Earlier this week, Clayton insinuated on CNBC’s “Squawk Box” that California’s prolonged tallying of ballots for its recent primary election was evidence of fraud. 

“On the integrity side, we’re doing an absolutely terrible job, and the American people are right to question it,” Clayton said when asked if any of the claims of voter fraud in California’s elections were true.

Clayton was one of several top officials who spread baseless accusations about California elections, though he also called into question efforts to make voting more accessible.

“I don’t hear anybody claiming that they don’t have access to the ballot box,” Clayton said.

Pro-democracy and voting advocates have been closely watching Trump’s pick to replace Gabbard because of her ongoing involvement in probing conspiracy theories related to the 2020 election.

Last week, after Trump named Pulte as acting director, he made it clear that he expects Gabbard’s successor to continue investigating the election. Trump has repeatedly pushed false claims that the 2020 vote was stolen from him.

Pulte’s appointment sparked concern among both Republicans and Democrats over his lack of intelligence experience and his use of his minor federal post to initiate criminal probes into several of Trump’s enemies.

Like Pulte, Clayton, a securities lawyer who served as the Securities and Exchange Commission chairman during Trump’s first term, also does not have an intelligence background.

After nominating Clayton, Trump said Thursday he still expects Pulte to serve as acting DNI when Gabbard leaves on June 19. 

Gabbard originally announced she would officially resign at the end of the month, but Pulte in recent days has sought to force her out early, according to Axios.

Senate Majority Leader John Thune (R-S.D.) told reporters Thursday that he’s working to get Clayton confirmed as soon as possible, but warned that it likely won’t happen before Pulte becomes acting DNI.

During his time as the U.S. attorney for the Southern District of New York, Clayton was assigned to probe ties convicted sex offender Jeffrey Epstein — a longtime friend and former confidant of Trump’s — had with several prominent Democrats and institutions. The status of that investigation is unclear. 

He was also heavily involved in the Justice Department’s flawed release of the files it had on Epstein.

This story has been updated with additional information throughout.