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Trump appointee blocking Biden administration from accessing $9.9m in transition funds

The Biden campaign has urged the Trump official to sign the documents and ‘engage in a smooth and peaceful transfer of power’

Harriet Alexander
Monday 09 November 2020 21:23 GMT
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Joe Biden’s transition team is being blocked by a Trump appointee who signs off on releasing the federal funds allocated to the incoming president, sparking widespread anger across the political spectrum.

Emily Murphy, head of the General Services Administration (GSA), said the the election has not yet been decided.

“An ascertainment has not yet been made,” said Pamela Pennington, a spokeswoman for GSA. “And its Administrator will continue to abide by, and fulfill, all requirements under the law.”

Mr Biden was called the winner on Saturday after independent media decision desks calculated that Donald Trump could not catch his lead.

Mr Biden has since been congratulated by world leaders, delivered his acceptance speech and begun naming his new team - starting with the coronavirus task force.

Follow live: US election 2020 results, analysis and updates

But his team’s work was being hampered by the GSA, which controls federal buildings and supports the management and smooth functioning of the American government.

When the GSA administrator signs the documentation, $9.9 million will be transferred to the Biden team, and they will formally be granted access to government officials, office space in agencies and equipment authorised for the taxpayer-funded transition teams of the winner.

It will also permit them to begin to work with the Office of Government Ethics to process financial disclosure and conflict-of-interest forms for their nominees.

The signing of the authorisation is usually a formality. On the night of Barack Obama’s 2008 defeat of John McCain, Chris Lu, Mr Obama’s transition director, recalled being shocked by the pace of proceedings.

He had gone to bed as soon as the result was announced in order to get up early and begin work on the transition office.

While he was sleeping, he received a 1am voicemail from Jim Williams, the GSA’s acting administrator, informing him that he had signed over transition resources to the Obama team.

“There was simply no controversy involved,” he said.

A cross-party group of former White House transition officials have written a letter to Ms Murphy, asking her to sign the document.

“While there will be legal disputes requiring adjudication, the outcome is sufficiently clear that the transition process must now begin,” the nonpartisan Center for Presidential Transition wrote in a letter, obtained by Politico

Among those to sign were George W. Bush’s former chief of staff, Joshua Bolten, and the former Republican governor of Utah, Mike Leavitt. 

The letter was also signed by Bill Clinton’s first chief of staff Thomas (Mack) McLarty and Barack Obama’s Secretary of Commerce Penny Pritzker.

Some argued that Ms Murphy was acting correctly.

Robert C. MacKichan Jr., a lawyer who served as GSA general counsel for presidents Ronald Reagan and George H.W. Bush, said that because Mr Trump is contesting the election and the electors have not yet voted, it was too early for Ms Murphy to make a call. 

Once the administrator issues the letter, the funds can be spent and can’t be recouped.

“I don’t think, at this point, I would feel comfortable making that determination now,” he told the Washington Post. “It’s premature.”

Mr MacKichan said he was confident Ms Murphy would handle a difficult situation fairly. 

“As an attorney and as a procurement official, I think she has the highest standard of integrity,” he said.

Yet the Biden campaign was furious.

"America's national security and economic interests depend on the federal government signalling clearly and swiftly that the United States government will respect the will of the American people and engage in a smooth and peaceful transfer of power," said Jen Psaki, a Biden transition aide.

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