Sen. Mark Warner (D-Va.) said Sunday that U.S. Attorney for the Southern District of New York Jay Clayton has the "right temperament" to serve as director of national intelligence, while criticizing President Donald Trump's handling of the transition between intelligence leadership.
"I know Jay. I think he's got the right temperament," Warner said during an appearance on CBS's "Face the Nation." "I've got a lot of questions, like who won the election in 2020, so he at least acknowledges that truthfulness. But remember, Margaret, this was totally caused by Donald Trump."
The comments came as concerns mounted over the upcoming temporary appointment of Federal Housing Finance Agency Director Bill Pulte to the DNI role on June 19. Warner described Pulte as "grossly unqualified" for the position.
"He could have nominated Jay Clayton a week ago, and we wouldn't have gone dark," Warner said, referring to the recent lapse with Section 702 of the Foreign Intelligence Surveillance Act that resulted from the delayed nomination process.
What the Left Is Saying
Warner, who serves as a senior member of the Senate Intelligence Committee, outlined several questions he intends to raise with Clayton during confirmation proceedings. The Virginia senator said he wants to ensure Clayton will maintain election integrity and avoid actions similar to those taken by current Director Tulsi Gabbard.
"I've got questions for Jay, like, want to make sure that he's going to maintain the integrity of our elections, not try to pull the things that Miss Gabbard did, where she was interfering in domestic election activities with the seizure of the ballots in Fulton County," Warner said.
In March, Warner questioned Gabbard about her presence during an FBI raid at a Georgia election office seeking 2020 voting records. Some Senate Democrats had previously blocked an extension of FISA provisions due to concerns over Pulte's nomination.
"My hope is, if we can get unanimous consent, we could even get him confirmed this week," Warner said, suggesting Clayton's quick confirmation could bypass the need for Pulte's temporary appointment.
What the Right Is Saying
The White House has defended Pulte's qualifications and the administration's approach to filling the DNI position. Some House Republicans had joined Senate Democrats in raising concerns about extending FISA provisions tied to Pulte's nomination, though the underlying policy disagreements centered on surveillance authorities rather than personnel.
Gabbard originally planned to remain as national intelligence director until June 30 before Trump announced Pulte would take over the role approximately a week earlier. The administration has not publicly responded to Warner's comments calling Pulte "grossly unqualified."
Trump has defended his administration's intelligence leadership selections, and Pulte's appointment follows standard acting official procedures when a Senate-confirmed nominee departs before a replacement is confirmed.
What the Numbers Show
The timeline for the DNI transition appears as follows: Gabbard's planned departure was June 30, with Pulte's appointment set to begin June 19—roughly two weeks earlier. Warner's proposed Clayton confirmation could theoretically occur within days if unanimous consent is granted in the Senate.
Section 702 of FISA allows U.S. intelligence agencies to collect communications of foreign nationals abroad, a surveillance authority that requires periodic reauthorization by Congress. The recent lapse occurred after some lawmakers tied their support for extensions to concerns about leadership nominations.
The Bottom Line
The Senate faces a potential vote on Clayton's confirmation this week, with Warner pushing for unanimous consent to expedite the process before Pulte's temporary appointment takes effect. Questions remain about whether Republicans will support Clayton given Warner's public criticism of the current administration's intelligence decisions and his references to election-related controversies.
If confirmed, Clayton would take over from Gabbard immediately rather than allowing Pulte to serve as acting DNI. The outcome will determine leadership direction at the Office of the Director of National Intelligence during a period when surveillance authorities require ongoing congressional attention.