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Reporter’s Notebook: How Trump’s surprise move on DNI confirmation upended key Senate deal on FISA
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They didn’t know what to do.
Just before 4 a.m. ET on Wednesday, President Trump blindsided everyone in the U.S. Senate. In a post on Truth Social, the president declared he was «cancelling the Senate hearing» for his Director of National Intelligence nominee Jay Clayton. Moreover, the President said he would withhold Clayton’s nomination from «going forward until Jamie McDonald is approved to be U.S. Attorney.»
If confirmed, Clayton would vacate his post as U.S. Attorney for the Southern District of New York. That’s the slot for which the President is nominating McDonald.
TRUMP SAYS SENATE HEARING ON DNI NOMINEE IS CANCELED UNTIL US ATTORNEY REPLACEMENT CONFIRMED
Jay Clayton, U.S. Attorney for the Southern District of New York, speaks next to Jessica S. Tisch, New York Police Department commissioner, during a press conference at NYPD headquarters following the arrest of suspects charged with igniting IEDs near Gracie Mansion, the home of New York City Mayor Zohran Mamdani, in New York City on March 9, 2026. (REUTERS/Brendan McDermid)
So what would happen with the hearing?
Lawmakers and aides scrambled as they woke to the news Wednesday morning. After all, Trump is the president. He doesn’t have the authority to cancel a Senate hearing.
«Yeah. I don’t think that’s his call,» said Sen. Martin Heinrich, D-N.M., a member of the Intelligence Committee.
One senior source told Fox News they presumed that Clayton’s confirmation hearing would forge ahead. Another told Fox the fate of the hearing was «undetermined.»
On one hand, lawmakers and aides had to first digest what was happening. Was the President withdrawing Clayton’s nomination? Was he saying he just wasn’t allowing Clayton to testify? Did the head of the executive branch really believe he could bigfoot a congressional hearing? Or was this the president flexing his political muscle, testing Senate Republicans to see how compliant they might be with his intimation — and potentially cancel the hearing on their own?
So was Clayton’s hearing on or off?
«Are we going to have an Intelligence Committee confirmation hearing today?» yours truly asked panel Chairman Tom Cotton, R-Ark., as he slid behind a backdoor to a hearing in the Dirksen Senate Office Building.
Silence from Cotton.
SCOOP: TOP GOP SEN. COTTON TO MEET WITH EMBATTLED TRUMP DEFENSE NOMINEE AS DOUBTS SWIRL
Sen. Tom Cotton, R-Ark., arrives for a vote in the U.S. Capitol on April 30, 2025, stating the war with Iran will continue for weeks as the U.S. limits their offensive capabilities. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
«Do you know the answer?» I followed up.
«Do you think the President overstepped his bounds, saying he was canceling the hearing?» I continued.
By that point, Cotton was well behind the doorway and it closed.
«I have never seen anything quite like this,» said Sen. Ron Wyden, D-Ore., one of the longest-serving members on the Intelligence Committee in Senate history. «Everybody else is going to have to keep guessing for a while.»
It was Washington whiplash.
«Things change around here pretty quick, Chad,» quipped Sen. John Hoeven, R-N.D.
But a bit later, Cotton finally weighed-in when he posted on X that the hearing would proceed. The Arkansas Republican then materialized again in the hallway, heading for an elevator bank.
«To be clear, you will proceed with the hearing and you expect Jay Clayton to be there despite what the President said?» I asked.
A steel-faced Cotton stared straight ahead at the green elevator door.
«Chad, you have our statement,» said a terse Cotton.
But an hour later, Cotton ditched the hearing after the President blocked Clayton from testifying.
«It’s regrettable that the President has directed Jay Clayton not to appear at his confirmation hearing today,» said Cotton in a new statement on X. «While today’s hearing is now unfortunately postponed, I look forward to proceeding with his confirmation in the near future.»
The stunning reversal left everyone trying to grasp what happened. And what might be next.
SPRINT TO CONFIRM TRUMP NOMINEES KICKS OFF IN JANUARY
U.S. President Donald Trump attends a morning work meeting to «revive balanced, inclusive, and sustainable economic growth for the benefit of all» in the presence of the G7 countries, partner countries, the International Monetary Fund, and the OECD, as part of the G7 summit, in Evian, eastern France, on June 17, 2026. (Ludovic MARIN / AFP via Getty Images)
«I am not sure whether Jay Clayton has simply been postponed or withdrawn,» mused Sen. Mark Warner, D-Va., the Vice Chairman of the Intelligence Committee. «I wonder whether Jay Clayton knows whether he has been postponed or withdrawn.»
Democrats and Republicans brokered a fragile agreement weeks ago to renew FISA Section 702. The intelligence community argues that program is the powerful tool in the American arsenal to track and combat potential terrorism. Congress repeatedly punted a full renewal for months.
But with both bodies on the precipice of reauthorizing the program, President Trump announced he would install housing czar Bill Pulte as interim DNI. Democrats balked at Pulte, noting he had no intelligence experience. Plus, they viewed him as a political hack who would run roughshod over America’s intelligence apparatus.
So Democrats pulled their support from the FISA compromise.
Most Republicans weren’t exactly enamored with Pulte, either. And those worried about the nation’s security pushed to block Pulte from entering the DNI’s office. That’s why Cotton scheduled Clayton’s confirmation hearing so quickly. It was thought that the Senate might be able to pivot after the hearing and confirm Clayton on the floor late this week or early next.
Rapid confirmation of Clayton was essential. Such a scenario would unlock Democrats’ votes to reauthorize FISA Section 702 after the program’s congressional blessing expired a week ago.
That was the plan. At least until the president initiated the firestorm over Clayton’s confirmation hearing this week.
«Another Trump victory gets upended by an impulse,» vented Sen. Kevin Cramer, R-N.D. «It’s frustrating.»
WHY TRUMP PICKED BILL PULTE TO LEAD US INTELLIGENCE AS CRITICS QUESTION HIS QUALIFICATIONS
Sen. Kevin Cramer, R-N.D., spoke to reporters at the U.S. Capitol in Washington, D.C., on April 1, 2025, before the weekly Republican Senate policy luncheon. (Kayla Bartkowski/Getty Images)
But wait. There’s more.
President Trump inserted another chestnut — or hot potato — into his pre-dawn Truth Social screed. Especially if you thought the president was going to make it easy for Congress to hastily re-up FISA as soon as the Senate confirmed Clayton.
«To add a slight bit of intrigue but, for the Good of the Nation, and the People of our Country, I will not approve FISA without THE SAVE AMERICA ACT going along with it,» Trump said.
He added that his plan was for Pulte to «remain as the Acting Director of National Intelligence» and declared that «Republicans fell into a trap.»
The SAVE America Act is the touchstone of President Trump’s 2026 legislative agenda. It requires proof of citizenship to vote. However, the bill has never garnered even 50 yeas in the Senate on two previous test votes.
«We’ve got to pass the SAVE America Act and conditioning passage of FISA on the prior passage of SAVE America would be a great thing,» said Sen. Mike Lee, R-Utah.
Other Senate Republicans were more realistic, based on the legislative history of the SAVE America Act.
«You can’t always get what you want,» said Sen. John Kennedy, R-La. «I mean, I want a Porsche for my birthday. I’m not going to get it.»
TRUMP, THUNE CLASH ON VOTER ID ULTIMATUM AS GOP REMAINS DIVIDED ON PATH FORWARD
Sen. John Kennedy, R-La., said a classified briefing reinforced his view that Iran’s leaders would use a nuclear weapon if they obtained one during a Senate Judiciary subcommittee hearing in Washington, D.C. (Elizabeth Frantz / Reuters)
Democrats seethed about national security as Republicans squirmed.
«We had a path forward as of yesterday (on FISA) and today we don’t,» said Sen. Mark Kelly, D-Ariz. «This has become a complete debacle and now it’s up to the White House to figure out a path forward here.»
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No one knows what’s next for Clayton. Or McDonald. Or FISA. And there’s high skepticism anything happens on the SAVE America Act. So it’s all in a cryogenic Congressional freeze.
Regardless, Clayton’s confirmation hearing never happened. Such hearings are the responsibility of the legislative branch. But by the end of the day, there was no question who canceled it.
hearings, national security, donald trump, senate elections, democrats senate, politics
INTERNACIONAL
Arkansas takes home top ranking for religious freedom after Gov Sanders expands key protections
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FIRST ON FOX: Arkansas has been ranked the nation’s top state for religious liberty after Republican Gov. Sarah Huckabee Sanders signed a series of laws expanding faith protections that helped lift the state to the top.
Earning a score of 89.2%, Arkansas became one of only two states to earn the First Liberty Institute’s annual Religious Liberty in the States index’s first-ever «excellent» rating. The index evaluates states using 50 legal protections across 20 religious liberty safeguards spanning education, healthcare, family law, economic activity and other areas of daily life.
«Religious liberty is America’s First Freedom, and Arkansas is leading the nation in protecting it,» Sanders said.
«Our rights come from God, not government, and every American should be free to live according to their faith and conscience. We’ll continue defending that freedom and ensuring the Natural State remains the best place in the country to live, work and worship.»
AMERICA’S NEXT 250 YEARS DEPEND ON PASSING FAITH AND FREEDOM TO OUR CHILDREN
Governor Sarah Huckabee Sanders participates in the first-ever National Outdoor Recreation Executive Forum hosted by Outdoor Recreation Roundtable at Decatur House on May 7, 2024, in Washington, D.C. (Paul Morigi/Getty Images for Outdoor Recreation Roundtable)
The Natural State climbed six spots from last year’s rankings after lawmakers approved several measures expanding legal protections for religious exercise and conscience rights.
Arkansas’ rise was driven largely by Act 677, legislation Sanders signed last year that bars state and local governments from penalizing people, businesses and religious organizations for acting according to their religious beliefs regarding marriage and biological sex.
APPEALS COURT REVIVES LAWSUIT BY ALASKA AIRLINES FLIGHT ATTENDANTS FIRED AFTER OPPOSING PRIDE MESSAGE
A group of people hold hands in prayer. Arkansas topped a new religious liberty index after expanding faith and conscience protections. (iStock)
The state’s religious liberty push also included the Conscience Protection Act, signed by Sanders in 2023, which expanded Arkansas’ Religious Freedom Restoration Act by prohibiting state government discrimination against religious organizations based on their religious identity or status.
Kelly Shackelford, president, CEO and chief counsel at First Liberty, said other states should follow Arkansas’ lead and «strengthen religious liberty protections in their own states.»
«Religious liberty is best protected when leaders are willing to act before the rights of people of faith are threatened,» Shackelford said.
GOV SANDERS REVEALS ‘MAJOR BREAKTHROUGH’ ON EDUCATION AS RED STATE POSITIONS ITSELF AS ‘BLUEPRINT’ FOR NATION
Arkansas Gov. Sarah Huckabee Sanders speaking at the Republican National Convention in Milwaukee, Wisconsin, on July 17, 2024. (Victor J. Blue/Bloomberg via Getty Images)
Dr. Mark David Hall, director of the Religious Liberty in the States project, said Arkansas demonstrates how states can protect what America’s founders called «the sacred right of conscience,» allowing people to practice their faith not just at church, but in their everyday lives.
«States have always served as laboratories of liberty, and this year’s results show why that matters,» Hall said.
Sanders also publicly defended religious freedom in December. She rejected demands from the Freedom From Religion Foundation (FFRF), a group that advocates for the separation of church and state, to reverse her proclamation closing state offices for Christmas.
In a response letter previously obtained by Fox News Digital, Sanders pushed back on claims it was unconstitutional, saying «only by voicing our own faith and celebrating other faiths can we make our state’s diverse religious communities feel seen and heard.»
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«With this index, citizens and legislators can see where their state is doing well, where it still has room to improve, and which existing laws could help better protect the right of conscience,» Dr. Paul D. Mueller, associate director of the Religious Liberty in the States project, said.
faith values, sarah sanders, politics, first amendment religion us, arkansas
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A closer look at the ‘aortic dissection’ that killed Sen. Lindsey Graham
Fox News Senior Medical Analyst Dr. Marc Siegel clarifies Sen. Lindsey Graham’s preliminary cause of death: a ruptured aorta due to cardiovascular disease. Siegel thoroughly explains the rare condition of aortic dissection and discusses common risk factors like high blood pressure and plaque. He advises on preventative health measures and regular check-ups, emphasizing what Graham would want people to consider their health.
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A Senate Republican added further detail to the late Sen. Lindsey Graham’s, R-S.C., final moments thanks to an unlikely connection.
Sen. Tommy Tuberville, R-Ala., revealed that it was a former member of his staff that called for medical assistance to aid Graham over the weekend, who died suddenly just after his return from an overseas trip.
«My former scheduler was Lindsey’s scheduler, and one of my staff members was with that scheduler the night Lindsey called,» Tuberville told reporters. «He called [and] basically said, ‘Listen, I’m having chest pains. You know, I need to do something.’ ‘Did you call 911?’ And he goes, ‘No, that’s the reason I called you.’»
GRAHAM REPORTEDLY REFUSED MEDICAL HELP BEFORE SCHEDULED TV APPEARANCE
Sen. Lindsey Graham, R-S.C., stands at the U.S. Capitol in Washington, D.C. (Aaron Schwartz/Bloomberg via Getty Images)
«And so she called 911 … By the time she got there, 911 had knocked the door down, and they were working on him,» he continued.
A preliminary cause of death was revealed Sunday evening. His office said that the longtime lawmaker had died from «aortic dissection due to arteriosclerotic cardiovascular disease.»
Aortic dissection is when a tear occurs in the inner wall of the aorta, the body’s main artery, and is a life-threatening medical emergency.
«Lindsey basically worked himself to death, most of us have families, he didn’t have any family,» Tuberville said. «And if we had a couple of days off, he went to that airport, and he went somewhere to try to work out something for our country.»
LINDSEY GRAHAM’S SISTER APPOINTED TO SENATE AS GOP RUSHES TO PROTECT FRAGILE MAJORITY
Axios reported that in one of Graham’s final conversations, he told an unnamed source that he was feeling unwell but wanted to wait until after his scheduled appearance on NBC’s «Meet the Press» to seek medical attention.
«I can’t die now. I still need to do the Russia sanctions, get Iran sorted out and do Israeli-Saudi normalization,» Graham said.
His death has rocked the Senate, where emotional tributes rolled in throughout the day on Monday, the upper chamber’s first day back in Washington, D.C., since recessing for the Fourth of July.
GRAHAM’S DEATH IGNITES GOP SCRAMBLE FOR SENATE SEAT AS TRUMP HINTS HE ALREADY HAS A FAVORITE
Sen. Tommy Tuberville, R-Ala., speaks to reporters as he returns to his office at the U.S. Capitol on Feb. 10, 2026, in Washington, D.C. (Kevin Dietsch/Getty Images)
Graham’s desk in the Senate, which is where the late Sen. John McCain, R-Ariz., his close friend, once sat, was draped with a black veil and a glass bowl of sharp white roses atop it.
Senate Majority Leader John Thune, R-S.D., in an emotional tribute to the late lawmaker, said that the «halls of the Senate already feel empty without him.»
«I am comforted by the knowledge that, in the end, he has just changed his address. And that one day, Mr. President,» Thune said through tears. «We will laugh together again.»
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Graham will be succeeded, temporarily, by his sister, Darline Graham Nordone. She is slated to be sworn in to the position on Tuesday after being tapped by South Carolina Gov. Henry McMaster to fill in for her late brother.
«I think this is what Lindsey would have wanted, and I plan to honor him in this way,» Nordone said during the ceremony in Columbia, South Carolina. «Now to Lindsey, I miss you more than I can even put into words. But I’m going to do this, I got it.»
politics, lindsey graham, senate elections, john thune, health
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