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Transition Challenges as Trump Prepares for Office
In a significant political development, Vice President Kamala Harris officially conceded the presidential race to former President Donald Trump, paving the way for the Biden administration to facilitate the transition of power. This move enables Trump’s teams to begin entering various government agencies, although a major obstacle remains in the process.
As of now, Trump has not finalized an agreement with either the Biden White House or the General Services Administration (GSA), the federal entity responsible for managing presidential transitions. According to federal transition laws, such agreements must be established, outlining the individuals assigned to transition teams, before they can engage with federal agencies.
Trump’s refusal to sign these agreements during the election cycle has hindered his team’s ability to partake in essential preliminary transition activities. His victory and the concession from Harris have averted the potential chaos that could have arisen had neither candidate conceded, which would have necessitated both transition teams to access federal agencies simultaneously.
Currently, only Trump is eligible to utilize this opportunity, provided he chooses to do so. Federal agencies have created briefing materials for Trump’s transition teams, and Congress has allocated funds for these transition efforts, contingent upon the MOU being secured.
Valerie Smith Boyd, who oversees the Center for Presidential Transition at the Partnership for Public Service, stated, “We have one president at a time. There is really no obligation or mechanism to meet with Trump’s team” without the signed agreement in place.
The process of engaging with federal agencies involves several security protocols, including secure communication channels, thorough screenings, and in some instances, interim security clearances to access classified information. Without a formal agreement establishing these parameters, Boyd remarked, GSA would advise federal agencies against engaging with Trump’s personnel.
Despite these hurdles, the Biden administration has expressed its willingness to assist Trump in ensuring a seamless transition. The White House indicated that Biden has reached out to Trump, affirming his commitment to a smooth transfer of power. In her concession speech, Harris confirmed that she conveyed to Trump the intention to support his team during the transition process.
The GSA confirmed its notification to Trump’s team regarding their eligibility to use post-election transition services. “GSA is prepared to work with President-elect Trump’s transition team to complete the required agreement to receive GSA administrative services and support,” the agency stated.
In addition to the transition agreements, Trump’s MOU would delineate non-disclosure protocols, guidelines for accessing sensitive data, and stipulations against exploiting shared information for personal advantages. While Trump has yet to sign, Biden’s team had established similar agreements, including an ethics framework, weeks prior to the election.
If Trump chooses to finalize these agreements, he would send the names of his transition team members to the GSA for distribution to various agencies. As previously reported by Government Executive, Trump’s team might face delays in accessing governmental information due to the screening protocols involved. Boyd noted that GSA had offered assistance to both campaigns as early as September 1.
Trump has appointed a transition team led by Howard Lutnick, head of a financial services firm, and Linda McMahon, who previously led the Small Business Administration. McMahon also chairs the America First Policy Institute, a group of ex-Trump officials focused on formulating policies and personnel structures for Trump’s possible administration.
Boyd stated that McMahon’s role as co-chair enables Trump to leverage the considerable groundwork laid by the America First Policy Institute. While maintaining a relatively low profile, this group has demonstrated substantial planning efforts in preparation for a new administration.
Considering Trump’s access to a network of previous officials from his administration, he may opt to expedite the transition process by relying on those familiar with governmental operations, even without comprehensive briefings from current agency heads.
However, Max Stier, the president of the Partnership for Public Service, emphasized the necessity for Trump to establish agreements with the White House, GSA, the Justice Department, and other key entities. “Presidential transitions are complex and challenging under any circumstances,” Stier noted, adding, “Declining this support is a tremendous and unnecessary risk to national security and readiness.”
It is worth mentioning that Trump’s transition planning was similarly hampered in 2016 when he chose to abandon the efforts of Chris Christie, leading to an arduous start following his election victory.
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