President Donald Trump’s pick to lead the U.S. intelligence community insisted he is not an “election denier.”
But during an appearance before the Senate Intelligence Committee on Wednesday, nominee Jay Clayton repeatedly refused to say that former President Joe Biden won the 2020 presidential election over Trump.
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Clayton, a federal prosecutor in Manhattan, appeared before the committee as part of the confirmation process to take over the role of Director of National Intelligence (DNI), a Cabinet-level post.
But the lawsuit comes at the same time as new scrutiny of President Trump’s false claims about the integrity of U.S. elections. Trump has claimed without evidence that he won the 2020 election, and critics fear he will use the federal government to advance that narrative.
The senators pressed Mr. Creighton on his views on the 2020 race between Mr. Biden and Mr. Trump, and acknowledged that Mr. Biden had been “certified” as the winner. However, he declined to directly say that Biden “won” the race.
In one exchange, Democrat Jon Ossoff asked Clayton point-blank: “Who won the 2020 election?”
“I don’t mean that with you,” Clayton replied.
“This is a job interview, and we have a duty to be honest and candid with the committee,” Ossoff responded. He then repeated, “Who won the 2020 election?”
Mr Clayton claimed he had already “answered the question”.
In another sharp exchange, Democratic Sen. Mark Kelly delved into the issue.
“Please tell me why Joe Biden was certified as the winner of the 2020 election,” Kelly said.
“I’m going back to the Constitution here. I’m not going to keep arguing about this, but I think he had the most electoral votes,” Creighton said, referring to the electoral college system that determines the winner of a presidential election.
Vote tallies in each U.S. state generally determine the number of Electoral College votes that go to a particular candidate.
“So he won the election?” Kelly asked.
“He followed our process, received the most electoral votes, and was declared the winner,” Creighton responded.
“So who has the most electoral votes? The one who won or the one who lost?” Kelly asked.
“That’s your personality,” Clayton said. “I’m not going to continue this.”
refusal to contradict
Clayton is seen as a more moderate alternative to current Director of National Intelligence Bill Pulte, but his response Wednesday signaled a potential hurdle in the confirmation process.
Trump has never acknowledged defeat in the 2020 election. According to the final tally of votes, Biden won 306 electoral votes to Trump’s 232.
He also won the popular vote with 81,284,666 votes to Trump’s 74,224,319.
President Trump has claimed that the 2020 vote was “stolen” from him through fraud, although he has provided no evidence to support the claim.
After the 2020 vote, legal efforts by Trump allies to prove voter fraud failed.
Although a small number of cases of fraud have been documented over the years, even conservative groups have found no evidence to suggest such incidents could come close to changing the outcome of federal elections.
Mr. Creighton’s comments came as lawmakers expressed concern that Mr. Trump could politicize federal agencies to support his claims of election fraud.
The 2020 election is expected to feature prominently in President Trump’s national address on Thursday, but details of the speech have not been announced.
Former Director of National Intelligence Tulsi Gabbard was present when the FBI raided an election center in Fulton County, Georgia, in January.
The Trump administration’s Justice Department is also trying to pressure states to return their voter rolls, a move opposed by several state officials.
On Wednesday, Democratic leaders accused Mr. Clayton of being afraid to contradict Mr. Trump in his confirmation hearing.
“The people who have been appointed to these positions seem to basically refuse to disagree with what the president says,” Kelly said.
Kelly went on to argue that Cabinet-level candidates must have the integrity to put American laws and ethics first, even if it means disagreeing with the president.
“You’re going to be in the same room with him a lot and you’re going to have some disagreements from time to time,” Kelly said. “If you can’t agree with him when he’s not in the room, why can’t you agree with him when you’re sitting across from him in the Oval Office or the Situation Room?”
Sen. Chuck Schumer, the top Democrat in the chamber, echoed that point in a post on social media platform X.
“How can you lead our nation’s intelligence agencies if you can’t acknowledge Joe Biden won the 2020 election?” Schumer asked.
