United States presidential transition

The process that occurs in the time between a presidential candidate winning an election and Inauguration Day is known as the United States presidential transition. Many tasks must be completed during a transition period. These include the appointment of key staff, Cabinet members, and White House department heads. The transition is run by the president-elect’s transition team, which differs from the campaign staff. While a presidential candidate can begin the transition process at any time, the transition officially begins when the General Services Administration (GSA) indicates that a candidate is now the president-elect. Once this occurs, the GSA releases funds that have been set aside by Congress for the transition. If the GSA declares a winner on Election Day, the transition process lasts for seventy-eight days. The United States presidential transition ends when the president-elect is inaugurated and becomes president.

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Background

Transitioning from one administration to another involves many complicated tasks including the appointment of key White House staff to oversee the government’s 2.1 million civil employees and 1.4 million active-duty military personnel. The president-elect and the transition team must also review each federal agency to understand its policies. The outgoing staff is expected to help the incoming staff assume new roles.

Legislation has been passed to assist the transition team and ensure an orderly, peaceful transition. The Presidential Transition Act of 1963 requires the current administration to provide the president-elect with classified information about national security. The act seeks to offer the winning candidate support before absolute certainty is reached by the Electoral College on December 18.

The act also reduces the need for private money to fund the transition. Although a president-elect may have raised money from private donors for the transition, Congress also sets aside $6 million in federal funding for the transition. The GSA has the legal authority to release these funds.

A 2010 addition to the Presidential Transition Act allows presidential candidates to begin receiving funds from the government immediately after the nominating conventions. This addition also requires the government to assist the incoming administration by providing office space, computers, and other services.

The transition usually lasts for seventy-eight days, which is slightly longer than eleven weeks. It begins on Election Day and ends on Inauguration Day. Since 1933, the Twentieth Amendment to the Constitution mandates that Inauguration Day be held on January 20, so this date cannot be changed. If the outcome of an election is not known on Election Day, the transition will be shortened. Delaying the transition can make the country vulnerable because the incoming administration might not have enough time to prepare to take over the administration of the federal government. The Presidential Transition Act of 1963 states, “Any disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people.”

Overview

Most presidential transitions in the United States have been peaceful and orderly, with the outgoing administration cooperating and assisting the incoming administration. The 2008–2009 transition from George W. Bush to Barack Obama was described as one of the most successful in US history. The president met with the president-elect many times to ensure that he had access to important information and was briefed on national security. President Bush’s national security team even met with those who were taking their place.

The 2015–2016 transition from Obama to Donald Trump was also orderly. After meeting with president-elect Trump, President Obama made a statement from the White House Rose Garden informing the public of his discussion with the incoming president and his plans to meet him in the White House the next day. He later met with Trump again in the Oval Office, and his aides offered to help the Trump administration.

Similar presidential transitions have taken place throughout the country’s history. However, the 2020–2021 transition from President Trump to President-elect Joe Biden was neither cordial nor successful. Biden was declared the winner of the 2020 presidential election on November 7. At this time, he began an informal transition process. Among his early priorities was assembling a coronavirus advisory board to assist in fighting the COVID-19 pandemic. Trump refused to accept the results of the election, instead declaring himself the winner on several occasions. He refused to concede to Biden, making unsubstantiated claims of voter fraud. Trump filed more than fifty lawsuits in an attempt to overturn the election. Emily Murphy, a Trump appointee and the administrator of the GSA, also refused to acknowledge Biden as the president-elect, further delaying the transition process. Murphy refused to release funds to the Biden transition team or provide them with office space. Murphy did not name Biden as the winner of the election until November 23 when the votes in each state were certified. From November 7 until this time, the Biden transition team did not have access to information regarding the coronavirus and national security.

The 2024–2055 transition was not as chaotic as the previous transition, however, the Trump transition team was behind schedule. The transition team and President-elect Donald Trump did not sign legal documents with the GSA and White House until November 26 when normally that occurs by October 1. This delay in signing prevented the Trump transition team from accessing office space and funding designed to help with transitioning.

Delaying a presidential transition can put the United States in jeopardy. The outcome of the 2000 presidential election between Republican George W. Bush and Democrat Al Gore was delayed because of lawsuits and the election results in Florida, which were too close to call and required a recount. This delayed the transition from Bill Clinton to Bush by thirty-nine days, half the time of a normal transition. The bipartisan 9/11 Commission in 2002 concluded that the delay in the presidential transition was one reason that the September 11 terrorist attacks against the United States occurred. Because of the delay in the transition, the Bush administration was not aware of the national security threat and therefore was unable to prevent it.

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