United States presidential transition
[1][2] Under existing federal law and custom, the major-party presidential candidates receive classified national security briefings once their nomination is formalized by their party.
Just after the presidential election, a revised edition of the Plum Book is published, which lists over 9,000 federal civil service leadership and support political appointment positions which an incoming administration needs to review, and fill or confirm.
Transition normally involves a transition team to carry out some pre-election planning by the non-incumbent candidates, and involves consideration of key personnel from the outgoing and incoming presidents' staffs, 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.
[7] Legally, a president-elect is not required to come to the capital until the inauguration and need not have substantial policy or procedural discussions with the outgoing administration.
Eight years later, John F. Kennedy engaged in extensive transition planning on domestic and foreign policy issues, but did not meet with Eisenhower until December 6, 1960, four weeks after the election.
His fall campaign opponent, Hillary Clinton, lagged behind in this regard, not forming a team until August, which was after she became the Democratic nominee.
[22] Key activities in this pre-election phase include: setting goals for the transition; assembling and organizing the key transition team staff; allocating responsibilities among the team and allocating resources and personnel for each core work stream; developing an overall management work plan to guide the team through the entire transition process; and establishing relationships with Congress, the outgoing administration, General Services Administration, the Office of Government Ethics, the FBI and the Office of Personnel Management to encourage information sharing and to begin the security clearance process for select personnel.
[24] To free government funds, the GSA Administrator is required to issue an "ascertainment" letter declaring a non-incumbent candidate the "apparent winner" of an election.
Typically, the GSA chief might make the decision after reliable news organizations have declared the winner or following a concession by the loser.
[30] The actual transition phase begins immediately following the presidential election (barring any electoral disputes) when a sitting president is not re-elected or is concluding a second term.
In the case of the Obama-Trump transition, on the day after the election, November 9, 2016, outgoing president Barack Obama made a statement from the Rose Garden of the White House in which he announced that he had spoken the previous evening with (apparent election winner) Donald Trump and formally invited him to the White House for discussions to ensure "that there is a successful transition between our presidencies."
During this time, the transition team must handle the influx of campaign staff and additional personnel into daily operations and prepare to take over the functions of government.
[23] It is the practice for Cabinet secretaries and high-level political appointees to tender their resignation with effect on the Inauguration Day (January 20) of a new president.
This constitutional crisis was resolved only two days before the scheduled inauguration through the Compromise of 1877 under which federal troops were withdrawn from the South, and the Reconstruction era was brought to an end.
[36] At the start of his inaugural speech, Obama praised Bush "for his service to our nation, as well as the generosity and co-operation he has shown throughout this transition".
[40] Also on November 9, GSA administrator Denise Turner Roth[41] issued the "ascertainment letter” to officially designate Trump president-elect,[42] and the transition team was provided office space and were also eligible for government funding for staff.
[50][51][52][53] The GSA administrator, Emily Murphy, a Trump appointee, initially refused to issue the "ascertainment" letter declaring Biden the "apparent winner", on the basis that the election result was disputed.
[55] According to CBS News, "In past transitions, the State Department has facilitated the logistics of the calls and provided translation services, possible talking points, and even taken notes".
[56] On November 23, Murphy issued the letter of ascertainment naming Biden as the "apparent winner", making funds available for him towards the transition, although Trump had still not conceded.
[57] After pro-Trump protesters stormed the U.S. Capitol on January 6, 2021, Trump offered a statement that "My focus now turns to a smooth, orderly and seamless transition of power", although he continued to reiterate his false claims of widespread fraud and irregularities.
