Clayton avoids saying Biden won 2020 election at hearing

Jay Clayton, President Donald Trump’s nominee to lead the U.S. intelligence community, repeatedly declined Wednesday to say directly that Joe Biden won the 2020 presidential election, telling senators instead that he is “not an election denier” and that Biden was certified as president.

The exchanges came during Clayton’s Senate Intelligence Committee confirmation hearing for director of national intelligence, a Cabinet-level post overseeing the nation’s intelligence agencies. Clayton, a federal prosecutor in Manhattan and former Securities and Exchange Commission chairman, faced sustained questioning from Democratic and independent senators about whether he would acknowledge Trump’s 2020 loss and resist political pressure on election issues.

Sen. Mark Warner of Virginia, the committee’s top Democrat, opened the line of questioning by asking whether Biden won in 2020. Clayton did not answer directly.

“I am not an election denier,” Clayton said. “Joe Biden was certified as the president of the United States.”

When Warner asked whether Clayton would commit to not interfering in U.S. elections, Clayton said the DNI’s role is “to deal with foreign interference in U.S. elections, which is something I’m gravely concerned about, but that’s the role.”

Sen. Angus King of Maine pressed again, asking who won the presidency in 2020. “I’m going to give you the same answer,” Clayton replied. “The answer to the chairman was, he asked me if I was an election denier. I am not an election denier. Joe Biden was certified as the president. He went through his process. We went through our electoral process.”

“That’s not an answer to the question,” King said. Clayton responded that he was there “to talk about my qualifications.”

Sen. Mark Kelly of Arizona asked Clayton why Biden was certified as the winner. “I’m going back to my constitutional law here,” Clayton said. “I don’t want to continue to have a debate about this, but I believe he had the most electoral votes.”

“So he won the election?” Kelly asked, according to Al Jazeera. Clayton replied that Biden “followed our process, had the most electoral votes, was declared the winner.” When Kelly asked whether the person with the most electoral votes wins or loses, Clayton said, “That’s your characterisation. I’m not going to continue to do this.”

Biden won the Electoral College 306 to 232 and the popular vote 81,284,666 to 74,224,319, Al Jazeera reported. Trump has maintained without evidence that the election was stolen from him, and legal efforts by his allies to prove voting irregularities after the election were unsuccessful.

Kelly said his concern was whether Clayton could disagree with Trump. “You’re going to be in a room with him many times, and at times you should have a difference of opinion,” Kelly said. “If you can’t disagree with him when he’s not in the room, are you going to be able to disagree with him when you’re sitting across from him in the Oval Office or the Situation Room?”

Sen. Jon Ossoff of Georgia also asked, “Who won the 2020 election?” Clayton answered, “I’m not going to do this with you,” and said he would not “engage in political theatre.” Ossoff replied that Clayton had an obligation to be honest and forthright with the committee.

Democrats also questioned Clayton about former Director of National Intelligence Tulsi Gabbard’s role in domestic election-related matters. Talking Points Memo reported that Gabbard was involved in and present during an FBI raid of a Fulton County, Georgia, election hub in January and was involved in the seizure of voting machines in Puerto Rico. Al Jazeera reported that Trump’s Justice Department has sought to pressure states to turn over voter rolls, a move several state officials have opposed.

Asked by Ossoff about Gabbard’s actions, Clayton said he became aware of her presence at the Fulton County raid when he met with the senator Tuesday. “I had not thought about it until you brought it to my attention yesterday,” Clayton said.

“Your answers lack credibility,” Ossoff responded. “Your testimony lacks credibility. You’re being evasive and you’re not being candid or forthright.”

Warner later said it “strains credibility” that Clayton had not been aware of Gabbard’s intervention in Fulton County. Despite the sharp exchanges over election integrity, Talking Points Memo reported that the hearing otherwise proceeded mostly smoothly, with Warner and other Democrats praising Clayton’s tenure at the SEC.