Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

What's ascertainment? The green light to launch transition

The course of President-elect Joe Biden's transition to power is dependent in part on an obscure declaration called “ascertainment.”

Via AP news wire
Monday 09 November 2020 17:16 GMT
Biden
Biden (Copyright 2020 The Associated Press. All rights reserved)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The course of President-elect Joe Biden’s transition to power is dependent in part on an obscure declaration called “ascertainment.”

Here are some details on that process:

WHAT IS ASCERTAINMENT?

The formal presidential transition doesn’t begin until the administrator of the federal General Services Administration ascertains the “apparent successful candidate” in the general election. Neither the Presidential Transition Act nor federal regulations specify how that determination should be made. That decision green lights the entire federal government’s moves toward preparing for a handover of power.

WHY HASN'T IT HAPPENED YET?

Spokesperson Pamela Pennington said in a statement that “GSA and its Administrator will continue to abide by, and fulfill, all requirements under the law,” but the agency has not said why the decision to recognize Joe Biden as the president-elect has not been made. GSA is an executive branch agency. Its administrator, Emily Murphy, is a Trump appointee, but the ascertainment decision is supposed to be apolitical. The White House did not say whether there have been conversations on the matter between officials there and at GSA.

WHAT'S AT STAKE?

The determination clears the way for millions of federal dollars to flow to Biden’s transition team and opens the doors of the federal government to hundreds of Biden staffers, so they can begin assessing agency operations ahead of Inauguration Day on Jan. 20. A delay in recognizing Biden as the next president could slow federal resources to assist the Biden-Harris team in filling about 4,000 political appointments across the government — including critical national security and health postings.

WHY DOES IT MATTER?

Slowing the pace of the transition could hamstring a new administration right out of the gate. The Trump administration, experts say, never fully recovered from the slow pace of hiring from its mismanaged 2016 transition after Trump tossed aside carefully prepared plans the day after his victory.

HAS THIS DELAY EVER HAPPENED BEFORE?

In 2000, the GSA determination was delayed until after the Florida recount fight was settled. The abbreviated transition process was identified by the 9/11 Commission Report as contributing to the nation’s unpreparedness for the crisis.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in