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They didn’t know what to do.
Just before 4 a.m. ET on Wednesday, President Trump blindsided everyone in the U.S. Senate. In a post on Truth Social, the president declared he was “cancelling the Senate hearing” for his Director of National Intelligence nominee Jay Clayton. Moreover, the President said he would withhold Clayton’s nomination from “going forward until Jamie McDonald is approved to be U.S. Attorney.”
If confirmed, Clayton would vacate his post as U.S. Attorney for the Southern District of New York. That’s the slot for which the President is nominating McDonald.
TRUMP SAYS SENATE HEARING ON DNI NOMINEE IS CANCELED UNTIL US ATTORNEY REPLACEMENT CONFIRMED
So what would happen with the hearing?
Lawmakers and aides scrambled as they woke to the news Wednesday morning. After all, Trump is the president. He doesn’t have the authority to cancel a Senate hearing.
“Yeah. I don’t think that’s his call,” said Sen. Martin Heinrich, D-N.M., a member of the Intelligence Committee.
One senior source told Fox News they presumed that Clayton’s confirmation hearing would forge ahead. Another told Fox the fate of the hearing was “undetermined.”
On one hand, lawmakers and aides had to first digest what was happening. Was the President withdrawing Clayton’s nomination? Was he saying he just wasn’t allowing Clayton to testify? Did the head of the executive branch really believe he could bigfoot a congressional hearing? Or was this the president flexing his political muscle, testing Senate Republicans to see how compliant they might be with his intimation — and potentially cancel the hearing on their own?
So was Clayton’s hearing on or off?
“Are we going to have an Intelligence Committee confirmation hearing today?” yours truly asked panel Chairman Tom Cotton, R-Ark., as he slid behind a backdoor to a hearing in the Dirksen Senate Office Building.
Silence from Cotton.
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“Do you know the answer?” I followed up.
“Do you think the President overstepped his bounds, saying he was canceling the hearing?” I continued.
By that point, Cotton was well behind the doorway and it closed.
“I have never seen anything quite like this,” said Sen. Ron Wyden, D-Ore., one of the longest-serving members on the Intelligence Committee in Senate history. “Everybody else is going to have to keep guessing for a while.”
It was Washington whiplash.
“Things change around here pretty quick, Chad,” quipped Sen. John Hoeven, R-N.D.
But a bit later, Cotton finally weighed-in when he posted on X that the hearing would proceed. The Arkansas Republican then materialized again in the hallway, heading for an elevator bank.
“To be clear, you will proceed with the hearing and you expect Jay Clayton to be there despite what the President said?” I asked.
A steel-faced Cotton stared straight ahead at the green elevator door.
“Chad, you have our statement,” said a terse Cotton.
But an hour later, Cotton ditched the hearing after the President blocked Clayton from testifying.
“It’s regrettable that the President has directed Jay Clayton not to appear at his confirmation hearing today,” said Cotton in a new statement on X. “While today’s hearing is now unfortunately postponed, I look forward to proceeding with his confirmation in the near future.”
The stunning reversal left everyone trying to grasp what happened. And what might be next.
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“I am not sure whether Jay Clayton has simply been postponed or withdrawn,” mused Sen. Mark Warner, D-Va., the Vice Chairman of the Intelligence Committee. “I wonder whether Jay Clayton knows whether he has been postponed or withdrawn.”
Democrats and Republicans brokered a fragile agreement weeks ago to renew FISA Section 702. The intelligence community argues that program is the powerful tool in the American arsenal to track and combat potential terrorism. Congress repeatedly punted a full renewal for months.
But with both bodies on the precipice of reauthorizing the program, President Trump announced he would install housing czar Bill Pulte as interim DNI. Democrats balked at Pulte, noting he had no intelligence experience. Plus, they viewed him as a political hack who would run roughshod over America’s intelligence apparatus.
So Democrats pulled their support from the FISA compromise.
Most Republicans weren’t exactly enamored with Pulte, either. And those worried about the nation’s security pushed to block Pulte from entering the DNI’s office. That’s why Cotton scheduled Clayton’s confirmation hearing so quickly. It was thought that the Senate might be able to pivot after the hearing and confirm Clayton on the floor late this week or early next.
Rapid confirmation of Clayton was essential. Such a scenario would unlock Democrats’ votes to reauthorize FISA Section 702 after the program’s congressional blessing expired a week ago.
That was the plan. At least until the president initiated the firestorm over Clayton’s confirmation hearing this week.
“Another Trump victory gets upended by an impulse,” vented Sen. Kevin Cramer, R-N.D. “It’s frustrating.”
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But wait. There’s more.
President Trump inserted another chestnut — or hot potato — into his pre-dawn Truth Social screed. Especially if you thought the president was going to make it easy for Congress to hastily re-up FISA as soon as the Senate confirmed Clayton.
“To add a slight bit of intrigue but, for the Good of the Nation, and the People of our Country, I will not approve FISA without THE SAVE AMERICA ACT going along with it,” Trump said.
He added that his plan was for Pulte to “remain as the Acting Director of National Intelligence” and declared that “Republicans fell into a trap.”
The SAVE America Act is the touchstone of President Trump’s 2026 legislative agenda. It requires proof of citizenship to vote. However, the bill has never garnered even 50 yeas in the Senate on two previous test votes.
“We’ve got to pass the SAVE America Act and conditioning passage of FISA on the prior passage of SAVE America would be a great thing,” said Sen. Mike Lee, R-Utah.
Other Senate Republicans were more realistic, based on the legislative history of the SAVE America Act.
“You can’t always get what you want,” said Sen. John Kennedy, R-La. “I mean, I want a Porsche for my birthday. I’m not going to get it.”
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Democrats seethed about national security as Republicans squirmed.
“We had a path forward as of yesterday (on FISA) and today we don’t,” said Sen. Mark Kelly, D-Ariz. “This has become a complete debacle and now it’s up to the White House to figure out a path forward here.”
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No one knows what’s next for Clayton. Or McDonald. Or FISA. And there’s high skepticism anything happens on the SAVE America Act. So it’s all in a cryogenic Congressional freeze.
Regardless, Clayton’s confirmation hearing never happened. Such hearings are the responsibility of the legislative branch. But by the end of the day, there was no question who canceled it.
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