WASHINGTON – A good-governance group is warning of severe consequences if President-elect Donald Trump continues to steer clear of formal transition planning with the Biden administration — inaction that it says is already limiting the federal government’s ability to provide security clearances and briefings to the incoming administration.
Without the planning, says Max Stier, president and CEO of the nonprofit Partnership for Public Service, “it would not be possible" to "be ready to govern on day one.”
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The president-elect's transition is being led by Cantor Fitzgerald CEO Howard Lutnick and Linda McMahon, the former wrestling executive who led the Small Business Administration during Trump’s first term. They said last month that they expected to sign agreements beginning the formal transition process with the Biden White House and the General Services Administration, which acts essentially as the federal government's landlord.
But those agreements are still unsigned, and the pressure is beginning to mount.
The delay is holding up the federal government’s ability to begin processing security clearances for potentially hundreds of Trump administration national security appointees. That could limit the staff who could work on sensitive information by Inauguration Day on Jan. 20.
It also means Trump appointees can’t yet access federal facilities, documents and personnel to prepare for taking office.
The agreements are required by the Presidential Transition Act, which was enacted in 2022. They mandate that the president-elect’s team agree to an ethics plan and to limit and disclose private donations.
In that act, Congress set deadlines of Sept. 1 for the GSA agreement and Oct. 1 for the White House agreement, in an effort to ensure that incoming administrations are prepared to govern when they enter office. Both deadlines have long since come and gone.
Stier, whose organization works with candidates and incumbents on transitions, said on a call with reporters on Friday that a new administration “walks in with the responsibility of taking over the most complex operation on the planet."
“In order to do that effectively, they absolutely need to have done a lot of prework,” he said, adding that Trump's team “has approached this in a, frankly, different way than any other prior transition has."
"They have, up until now, walked past all of the tradition and, we believe, vital agreements with the federal government,” Stier said.
In a statement this week, Lutnick and McMahon said Trump was “selecting personnel to serve our nation under his leadership and enact policies that make the life of Americans affordable, safe, and secure." They didn't mention signing agreements to begin the transition.
A person familiar with the matter said that the congressionally mandated ethics disclosures and contribution limits were factors in the hesitance to sign the agreements.
Trump transition spokesperson Brian Hughes said Friday that the team's “lawyers continue to constructively engage with the Biden-Harris Administration lawyers regarding all agreements contemplated by the Presidential Transition Act."
“We will update you once a decision is made,” Hughes said.
The Trump team's reluctance has persisted despite Biden's White House chief of staff, Jeff Zients, reaching out to Lutnick and McMahon to reiterate the important role the agreements with the Biden administration and GSA play in beginning a presidential transition.
“We’re here to assist. We want to have a peaceful transition of power,” said White House press secretary Karine Jean-Pierre. "We want to make sure they have what they need.”
The unorthodox approach to the presidential transition process recalls the period immediately after Trump's Election Day victory in 2016. Days later, the president-elect fired the head of his transition team, former New Jersey Gov. Chris Christie, and tossed out a transition playbook he'd been compiling.
But Stier said that, even then, Trump's team had signed the initial agreements that allowed the transition to get started — something that hasn't happened this time.
“The story’s not finished. But they’re late," he said. "And even if they manage to get these agreements in now, they’re late in getting those done.”