In mid-June, after Donald Trump announced that he wanted Jay Clayton to succeed Tulsi Gabbard as his director of national intelligence, Senate Majority Leader John Thune touted the U.S. attorney’s qualifications for the office. A Capitol Hill reporter, however, reminded the South Dakota Republican that the DNI statute says the officeholder should have “extensive” experience in intelligence and national security — which Clayton objectively lacks.
“So why is he qualified?” the reporter asked. Thune replied that those who have worked with Clayton have found him to be “incredibly competent.”
That might be true, but the law (which Thune helped pass after the 9/11 attacks) doesn’t include an asterisk. Congress is supposed to confirm only directors of national intelligence with extensive experience in intelligence and national security, not inexperienced people who seem otherwise impressive.
The Senate majority leader’s perspective, to the surprise of no one, carried the day, and Clayton was confirmed late Tuesday on a 51-47 vote that fell along party lines.
Democrats who lost confidence in Clayton will find some solace in the fact that his confirmation at least ends Bill Pulte’s destabilizing tenure as the acting DNI. But as the dust settles on the nominating fight and Clayton prepares to take office, it’s worth appreciating just how little Senate Republicans care about the statutory qualifications that many of them helped establish.
Since the Office of the Director of National Intelligence was created, nine people have been confirmed to hold the position. Three of the nine stand out, but not in a good way.
John Negroponte (Bush nominee): Negroponte had more than four decades of experience in the Foreign Service and served as the deputy national security adviser to Ronald Reagan.
Mike McConnell (Bush nominee): McConnell was a decorated Navy veteran, served as the Pentagon’s chief of intelligence during the first Gulf War and led the National Security Agency for four years.
Dennis Blair (Obama nominee): Blair led U.S. Pacific Command and served as the first associate director of central intelligence for military support.
James Clapper (Obama nominee): Clapper led the Defense Intelligence Agency for four years and served as the undersecretary of defense for intelligence at the Pentagon for three years.
Dan Coats (Trump nominee): Coats served on the Senate Intelligence Committee for three years and as the U.S. ambassador to Germany, where he received routine intelligence briefings.
John Ratcliffe (Trump nominee): Ratcliffe worked as a small-town mayor, a federal prosecutor and an unremarkable congressman for five years, which included serving roughly six months on the House Intelligence Committee.
Avril Haines (Biden nominee): Haines served as the deputy White House national security adviser for two years and worked as the deputy director of the Central Intelligence Agency for an additional two years.
Tulsi Gabbard (Trump nominee): Gabbard served in the Hawaii Army National Guard and on the Honolulu City Council, and had four terms in Congress (never having been part of the House Intelligence Committee).
Jay Clayton (Trump nominee): Clayton led the Securities and Exchange Commission, which has nothing to do with intelligence or national security, and he’s been a U.S. attorney for about a year.
The emerging picture isn’t subtle: Trump’s three most recent DNI nominees fell obviously short of the “extensive” experience standard, and in each instance, Senate Republicans made clear that they simply didn’t care.
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