Mark Warner says he will vote against Trump pick Jay Clayton as DNI

Washington — Democratic Sen. Mark Warner of Virginia said Sunday that he'll vote against President Trump's nominee Jay Clayton as director of national intelligence, citing disappointment in his testimony at a confirmation hearing last week despite his previous optimism about the nominee.  

"I've known Jay for a long time. I like Jay. I worked well with him when he was at the SEC. But I was bitterly disappointed by his performance in front of my committee," Warner said on "Face the Nation with Margaret Brennan."

Clayton, who was the well-regarded leader of the U.S. Attorney's Office in one of the highest-profile jurisdictions in the country, was nominated by Mr. Trump to replace Tulsi Gabbard. Clayton appeared before the Senate Intelligence Committee last week for his confirmation hearing. Warner, the top Democrat on the committee, said he was disappointed in Clayton's responses, "not just from my questions, but from many of my colleagues."

During the hearing, Clayton was repeatedly asked by Democrats about the results of the 2020 election. And although Clayton acknowledged that former President Joe Biden was certified as president, and said that he is "not an election denier," he evaded questions about who won the 2020 election.

Warner also pointed to Clayton's response when he was asked about Gabbard's presence at an FBI search of an elections hub in Fulton County, Georgia, earlier this year, saying he was "acting like he didn't understand what Gabbard had done."

"So I will be voting against Jay Clayton," Warner said. 

With a Republican majority on the panel, Warner noted that Clayton is still expected to advance out of committee — the next step before the nomination goes to the Senate floor. If he advances out of committee, he is expected to be confirmed given the GOP majority in the Senate. 

Warner added that with the controversial acting director of national intelligence Bill Pulte currently in the role, "we're a little rock-in-a-hard-place here." 

"I know Jay Clayton will probably get confirmed. I hope we see the Jay Clayton that I have known and have worked with," Warner said. "The one thing I also know is, the absolute disaster we have right now with the acting DNI, Bill Pulte, who has no intelligence experience, who has nothing but loyalty to Trump."

Warner pointed to Pulte's issuance of several criminal referrals to the Justice Department alleging mortgage fraud by a number of Mr. Trump's political foes, adding, "that is not the kind of person we want in as DNI."

Warner's comments come after he had praised Mr. Trump's nomination of Clayton just weeks ago. In an appearance on "Face the Nation" last month, Warner said, "We will get Clayton, I hope, confirmed as quickly as possible."