Nov 8 (Reuters) - Corporate attorney Jay Clayton, former
head of the U.S. Securities and Exchange Commission during
Donald Trump's presidency, is in talks for several potential
roles in a second Trump term, several sources familiar with the
matter said.
Clayton, who came into government in 2017 as a political
independent and veteran of law firm Sullivan & Cromwell, is seen
as a contender for jobs including attorney general and treasury
secretary, according to five sources. Two of the sources said
Clayton has also expressed an interest in running the CIA.
As SEC chief, Clayton was known for often forging
consensus with Democratic commissioners, and some former
staffers said he was able to shield the agency from political
controversies pervasive during the Trump administration. Under
him, the agency also clashed with billionaire Elon Musk, CEO of
Tesla and SpaceX who is now a major Trump donor and backer in
his 2024 campaign.
"What I recall is that under Clayton, the SEC was
insulated from the everyday political turmoil of Trump I," said
Richard Hong, a former SEC trial lawyer who was at the agency
under Clayton's leadership.
Clayton has let the transition team know he would be
"delighted to serve" in any senior position where he could be
effective, said one source familiar with Clayton's thinking.
The sources, including people close to the transition
team and to Clayton, provided details about the discussions that
have not previously been reported in the media. They requested
anonymity to speak about the deliberations.
The Trump campaign did not immediately respond to a request
for comment.
Trump's transition team is pulling together short lists of
candidates for top posts. It was not known what role, if any,
Clayton would get. Two of the sources said Clayton could be a
good candidate for attorney general, but they downplayed chances
he would be picked for treasury secretary, for which some major
Trump donors are in line.
While Clayton does not have experience as a criminal lawyer,
Trump nominated him in July 2020 to replace a top federal
prosecutor the president had fired. He ultimately did not get
that post.
Clayton has a reputation as a consensus builder, said
lawyers, former SEC staffers and others who know him. That might
comfort some Trump critics who want officials in the
administration who can stand up to a president keen to make
sweeping changes to the way the federal government functions.
"Among Trump appointees, Jay is as thoughtful and
consensus-building as they come," said Robert Jackson, a former
SEC commissioner who worked with Clayton and is a left-leaning
independent. "He can be expected to seek consensus where it's
available but he's unafraid to drive his agenda forward when
it's not."
Clayton served as SEC chair for all four years of
Trump's term, a notable feat in an administration marked by
quick-paced hirings and firings of top officials and military
brass.
FROM LAW FIRM TO THE SEC
Clayton, an attorney who specialized in mergers and capital
raising, was not initially a candidate for any post when Trump
was elected in 2016. Then Joseph Shenker, now Sullivan &
Cromwell's senior chairman, floated Clayton's name as SEC
chairman to Trump's son-in-law Jared Kushner, bypassing
billionaire investor and Trump donor Carl Icahn who was vetting
certain candidates.
Sullivan & Cromwell had represented Kushner's family
business. The source close to Clayton said Mark Dalton, head of
hedge fund Tudor Investment, also provided an initial
introduction, and Clayton got the job.
As SEC chief, Clayton at times, early on, frustrated
Republican lawmakers and some business groups for his
consensus-building and willingness to ally with Democratic
commissioners. The source familiar with Clayton's thinking said
he had not heard such complaints and noted that several key
Republicans supported his approach.
Over time, Clayton pushed through more than two dozen
measures that eased regulations for corporate America. Critics
said these weakened investor safeguards or diminished investor
rights.
SEC enforcement during his tenure focused on issues seen as
typical for Republican administrations aimed at protecting
individual investors and smooth functioning of markets. The
agency also pursued numerous cases in the cryptocurrency sector,
but mostly smaller scale cases than the major ones brought under
Democratic President Joe Biden's SEC Chief Gary Gensler.
IN TOUCH WITH TRUMP
One of the SEC's most high profile cases under Clayton
involved suing Musk after the Tesla boss sent shares soaring on
Aug. 7, 2018 by tweeting "funding secured" to take the publicly
listed automaker private. Musk chafed under terms of a
settlement that required company lawyers to vet his future
tweets.
Since then, Musk acquired Twitter and renamed it X. He also
became one of Trump's biggest supporters, contributing at least
$119 million to a pro-Trump group. He is expected to advise the
administration.
After Biden defeated Trump in 2020, Clayton returned to
Sullivan & Cromwell, joined the board of alternative investment
manager Apollo Global Management and frequently appeared on CNBC
as a commentator. He has kept in touch with Trump, several
sources said.
Over the years as Trump harbored grievances and spread false
claims about a stolen election, Clayton remained upbeat, neutral
and friendly with Trump. The two occasionally played golf, with
Trump at one point giving him a tip on the way he should hold
his club, the source close to Clayton said.
"The best way to use him is to put him in a role where
there's a specific mandate," said Kristina Littman, a former SEC
enforcement lawyer and senior adviser to Clayton from 2017-2019.
"He will deliver."
(Additional reporting by Lawrence Delevingne, David Lawder,
Douglas Gillison; Editing by Paritosh Bansal and David Gregorio)