In The News

a presidency in transition

by Gregory Klubok

On November 7th, 2020, Joe Biden was announced the projected winner of the 2020 election. On January 6, 2021, Donald Trump hosted a rally denying the results of this election which, upon its conclusion, turned chaotic as many participants marched upon the Capitol Building. However, the final votes were counted and the outcome remained unchanged.

Joe Biden was sworn in Wednesday, January 20, 2021, Inauguration Day, as the next president of the United States of America.

The inauguration ceremony marks the commencement of a new four-year term of the incoming president. This ceremony takes place for each new presidential term, even if the president is continuing in office for a second term. President Trump did not concede to the win, questioning the validity of the results, with his campaign going on to file lawsuits for the five battleground states which included Arizona, Nevada, Georgia, Pennsylvania, and Michigan. He also did not show up for the inauguration even though most of the lawsuits have been dismissed or pending, with a few going to higher courts. President Trump did everything in his power to make sure that all the lawsuits were filed and that there was no funny business with the electoral and voting systems. But, no matter what the president tried, the odds were stacked against him. Most people told him to acknowledge the win. He never did, causing many to wonder if there would be a smooth transition to a new administration.

In the United States, a presidential transition is the process during which the president-elect of the U.S. prepares to take over the administration of the federal government of the U.S. from the incumbent president. Though planning for transition by a non-incumbent candidate can start at any time before a presidential election and in the days following, the transition formally starts when the General Services Administration (GSA) declares an “apparent winner” of the election, thereby releasing the funds appropriated by Congress for the transition. This process continues until inauguration day when the president-elect takes the oath of office, at which point the powers, immunities, and responsibilities of the presidency are legally transferred to the new president. The 20th Amendment to the Constitution, adopted in 1933, moved the beginning and ending of the terms of the president and vice president from March 4 to January 20, thereby shortening the transition period. After the election but before the inauguration of the next president, an outgoing president is commonly referred to as a "lame duck." A transition can also arise intra-term if a president passes away, resigns, or is removed from office (though the period may be very short). The Presidential Transition Act of 1963 provides the current mechanisms to facilitate an orderly and peaceful transition of power. Under existing federal law and custom, the major-party presidential candidates receive classified national security briefings once their nomination is formalized by their party. They are also entitled to presidential transition services and facilities provided by the General Services Administration, including office space, equipment, and the payment of certain related expenses. Just after the presidential election, a revised edition of the Plum Book lists over 9,000 federal civil service, leadership, and political support positions which an incoming administration needs to review, fill, or confirm. Though the formal transition commences when it is clear that a non-incumbent candidate has won the election, counting of votes continues until all votes are counted, after which officials from each state certify the state’s final tally before the presidential electors are formally appointed and the Electoral College meets to cast their votes for the president and vice president. Transition normally involves some pre-election planning by the non-incumbent candidates and involves consideration of key personnel from the outgoing and incoming presidents’ staffs. This requires resources and includes a host of activities, such as vetting candidates for positions in the new administration, helping to familiarize the incoming administration with the operations of the executive branch, and developing a comprehensive policy platform. Smooth transitions ensure that the upcoming President has all of the information from all the sources that the past president had access to.

In past transitions, the former President helped pave the way for the new one. An example of this was when former President Barack Obama and his first lady Michelle Obama invited Donald Trump and Melania Trump for tea. Nothing like this happened in 2021 due to the lawsuits, protests, and all these politicians taking sides. Nevertheless, Robert O’Brien, Trump's National Security Advisor, said that there would be a professional transition to the president-elect’s team. Fortunately, it appears that professional transition happened and the political chaos is behind us (for now).