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Transition Preparedness in the Wake of Upcoming Election

As federal agencies fulfill their responsibilities in preparation for the impending election outcome, the transition process may encounter unique challenges, particularly for former President Trump. Despite adhering to a statutory deadline, the Biden administration’s readiness to provide briefing documents could be overshadowed by Trump’s reluctance to engage in the formal transition process.

The Biden administration had a deadline of November 1 to complete crucial materials that are to be shared with the transition team of the election victor, as designated career staff members are set to commence discussions this week. A representative from the General Services Administration (GSA) confirmed that all relevant agencies have met this requirement.

The documents detail each agency’s operations, ongoing projects, and future initiatives. However, Trump’s team has yet to sign an agreement that would facilitate collaboration with the current administration—a situation that could significantly hinder transition efforts should he reclaim the presidency, according to insights from former Trump officials.

In scenarios where the election results are too close for the GSA to make an official declaration, known as “ascertainment,” a law signed by President Biden enables both Vice President Kamala Harris and Trump to access the finalized transition materials. This would allow them to deploy their respective teams into federal agencies.

The absence of an agreement between Trump’s team and the GSA ahead of the election could lead to complications, as agencies typically require advance notice regarding which personnel will be granted access. Rich Bagger, who managed Trump’s transition efforts in 2016, emphasized the necessity of this protocol, stating, “Agencies want to know who is coming in on the days after the election.”

Bagger acknowledged that while it is possible to exchange information without Trump’s prior involvement, the sheer scale of federal operations makes this process cumbersome without official channels. “Because there were so many touch points, it was easier to do it in the official fashion,” he noted.

Furthermore, discussions are currently taking place within the GSA regarding how to manage access for Trump’s team to secure facilities and classified information, particularly for those members who have not yet undergone security clearance. Legally, these individuals must be publicly identified, and their ethical commitments must be disclosed to participate in the transition activities. Notably, Harris has already made her team’s ethics agreement public in line with the administration’s guidelines.

The situation is further complicated by a law enacted in 2022, which permits both candidates access to transition resources if neither concedes within five days following the election. This differs from the approach taken in 2020 when Trump did not concede, delaying the transition efforts for Biden. Under the current rules, both Harris and Trump would be able to utilize certain GSA resources and begin agency interactions following that five-day period. Once the GSA officially identifies a winner, the losing team must halt its transition activities.

Reflecting on past transitions, Bagger noted that Trump’s 2016 plans faced delays because he chose to set aside the groundwork established by his transition team, opting to restart the process entirely. Had the Trump team continued utilizing the existing structure, Bagger believed they could have expedited preparations, as significant groundwork had already been laid through collaboration with the White House Transition Coordinating Council and the Agency Directors Transition Council.

“It seems it would be difficult to do all of that sitting completely outside that official process,” Bagger remarked, indicating that effective transition planning typically requires integration with established governmental frameworks.

In contrast, Biden’s foresight facilitated a seamless setup, enabling his team to converge within a short window following the GSA’s ascertainment in November 2020. “We had everything ready and the emails all set up,” recounted a former federal transition official, emphasizing the efficiency achieved through thorough planning.

With uncertainty looming over the speed and effectiveness of Trump’s team in mobilizing for agency operations post-election, concerns arise regarding the potential impact on typical transition protocols. “If they aren’t submitting information, they can’t get cleared,” the official warned, highlighting the incongruence with established timelines and processes.

In anticipation of various scenarios resulting from the election, the GSA has proactively sought insights from both its own team and White House advisers to prepare for possible outcomes. One former federal transition official commented, “They have worked every scenario you can think of, and some you cannot think of,” illustrating the depth of planning underway.

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