Clayton faces questions over subpoenas to journalists in national security probe

Jay Clayton faced Senate questions on Tuesday over subpoenas sent to journalists in a national security investigation tied to reporting about President Donald Trump’s new Qatari-donated Air Force One. The subpoenas were issued on Friday, July 11, and ordered reporters to appear before a federal grand jury on Wednesday, July 15.

Clayton, Trump’s nominee to become director of national intelligence and now the U.S. attorney for the Southern District of New York, told senators the subpoenas were connected to an ongoing national security investigation and came through a consultative process with career prosecutors in his office. He declined to give further details. The Justice Department is not targeting reporters, but is focused on leaks of classified information.

Federal agents in some cases delivered the subpoenas to journalists’ homes. Ron Wyden, the Oregon Democrat on the Senate Intelligence Committee, pressed Clayton for more information about the process that led to the subpoenas before they were sent.

The National Press Club urged the Justice Department to withdraw the subpoenas immediately. Department policy requires attorney general approval for investigative steps aimed at journalists, and prosecutors should first pursue non-media leads. The Committee to Protect Journalists called the subpoenas an extraordinary escalation. This year the Justice Department issued, then withdrew, subpoenas seeking testimony from reporters at The Washington Post and The Wall Street Journal.

Democrats on the panel said the timing and tone of the inquiry raised red flags. Kirsten Gillibrand called the subpoena process rushed, aggressive and unnecessarily urgent. Mark Warner said the press’s independence mattered, while Wyden said the subpoenas looked like intimidation. Tom Cotton, who chairs the Senate Intelligence Committee, said the panel planned a business meeting early next week to vote on Clayton’s nomination and send it to the full Senate.

Clayton’s hearing took place after Trump abruptly postponed his earlier confirmation session in June, when the White House sought to push Congress to pass the SAVE Act voter-ID bill.