Trump Transition Obstacles: Formal Agreements Delay Security Clearances and Paperwork Stalls Nominee Vetting

ICARO Media Group
Politics
22/11/2024 23h20

**Trump Transition Faces Challenges: Paperwork Delays and Background Checks Stall**

The transition process of President-elect Donald Trump, while seemingly ahead in terms of Cabinet nominations, is encountering significant obstacles behind the scenes due to paperwork issues. Almost three weeks post-election, the Trump team has yet to sign essential formal agreements with the Biden administration, delaying access to crucial agencies and national security briefings.

The failure to sign at least three required memoranda of understanding—which were mandated by October 1 under law—has crucial implications. One immediate consequence is the postponement of FBI background checks traditionally conducted before Senate confirmations of Cabinet picks. Senator Elizabeth Warren highlighted this issue in a letter to the Biden administration, emphasizing that the delay undermines the effective management of national security and other urgent threats.

Changes to the presidential transition process, spurred by the findings from the September 11 attacks, were intended to ensure smoother transfers of power. These changes included quicker access to agencies and expedited background checks. However, the Trump transition has not adhered to these protocols, opting instead to forego these critical processes, which has raised concerns among officials and experts.

Despite having announced over a dozen Cabinet nominations—far ahead of previous transitions—Trump's team faces criticism for lacking thorough vetting processes. David Marchick, an authority on presidential transitions, noted the importance of behind-the-scenes work necessary for preparing nominees for Senate confirmation hearings slated for early January. Without such preparation, the incoming administration risks operating inefficiently and unpreparedly.

Traditionally, the Senate has required an FBI investigation, an ethics agreement with the Office of Government Ethics, and responses to a comprehensive questionnaire before proceeding with confirmation hearings. Former director of the Office of Government Ethics, Walter Shaub, argued that it is improbable that Trump's recent nominees have undergone this time-intensive vetting process, given the rapid pace of announcements.

Due to these procedural missteps, Trump's earlier attempts at nominee confirmations have faced delays, most notably in 2017 when the unwind of numerous conflicts of interest stalled the Senate’s processes. Shaub expressed concerns that, rather than starting the vetting process earlier, the Trump administration might be attempting to circumvent it entirely.

The Department of Justice, meanwhile, has stated its commitment to an orderly transfer of power and readiness to process security clearances, although the Trump team has yet to sign the necessary agreements to initiate FBI background checks. Despite Trump's evident distrust for the FBI following several investigations, including the high-profile search of his Mar-a-Lago resort, former transition head Chris Christie expressed confidence that the Senate would ultimately enforce the requirement for background checks.

The Senate's stance, come January, remains uncertain, particularly with Republicans set to control the chamber. The extent to which new committee chairs will uphold traditional confirmation requirements like ethics agreements and background checks is yet to be determined. Trump has suggested that he might resort to recess appointments to bypass potential Senate resistance to his nominations.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

Related