During his confirmation hearing to become the Director of National Intelligence, Jay Clayton did not confirm whether the White House directed him to issue subpoenas to New York Times journalists. Clayton, currently the U.S. Attorney for the Southern District of New York, defended the FBI's actions in delivering subpoenas to reporters' homes, which sought information regarding security flaws in the new Air Force One jet. He stated, "I’m not going to get into the details. But what I can tell you is that we followed the procedures."
Clayton declined to specify if the subpoenas were ordered by the White House or officials at the Justice Department. He emphasized that the actions taken were the least intrusive means to gather information. Critics, including press freedom advocates, expressed concerns about the timing of the subpoenas, which were issued shortly after a meeting between FBI Director Kash Patel and former President Trump. They argue that the subpoenas were issued inappropriately and without exhausting other avenues for information.
Clayton's confirmation has been contentious, with some Democratic senators questioning his willingness to use his position to align with presidential interests. Additionally, Clayton confirmed that the 2020 election results were certified by Congress but refrained from stating his personal view on the election outcome. The White House has not commented on whether Trump ordered the subpoenas.