Trump team barred from agencies amid legal standoff
Federal agencies are yet to hear back from their future managers.
After Donald Trump appointed Robert F. Kennedy Jr. as the new leader of the vast agency, Kennedy’s advisers reached out multiple times to the Health and Human Services Department in an attempt to kickstart coordination prior to his taking over at the end of January. They were rejected.
An administration official who was privy to the events and requested anonymity in order to discuss internal deliberations confirmed that Kennedy’s inability of communicating with the agency which he will soon be managing is one of the consequences of his continued refusal to sign the three standard agreements on ethics and transparency with the federal government, something he had promised to do as soon as a he won the election.
In the unprecedented delay of the Trump transition in signing agreements, the incoming administration has been prevented from having any official contact with federal agencies. This includes sending groups of policy advisors, known as “landing team” to assist in transitional work. They also cannot access cybersecurity support, secure email servers, or request FBI background check for their nominees.
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POLITICO was informed by both the Trump transition team and the White House that the negotiations are still ongoing. But until this standoff is resolved Trump’s cabinet nominees won’t have any more information than the public about the departments that they are supposed to lead.
Ethics experts, watchdog groups and former government officials claim that the delay in coordination between federal agencies and the new administration, which usually begins around mid-November means they won’t have a full understanding of the current state of the career workforce or budget, and the headaches they may face when Trump takes his oath on January 20. Biden officials are also concerned by the failure to sign these memoranda, as they fear the possible national security implications.
Trump’s team cannot access non-public data without the agreements. This prevents them from getting a complete picture of the efforts that the White House and federal agencies make to protect against various threats. This includes details about the administration’s involvement with conflicts in the Middle East, Ukraine and other countries. It also includes information on high-level discussions between the White House and its allies. This impasse has left the Trump Transition in the dark about threats that are closer to home and could easily escalate into crises.
Members of Congress from both parties are alarmed. Three Senate Democrats told POLITICO the lack of FBI background check could prevent Trump’s nominations from being confirmed. They cited revelations made this week regarding Defense Secretary nominee Pete Hegseth, and Matt Gaetz who resigned from consideration as Attorney General after a number of leaks concerning investigations into allegations of sexual encounters between underage girls.
“If there’s a lack proper investigation into a nomination, I don’t think [the Senate Armed Services Committee] will allow the nomination to proceed,” said Sen. Tim Kaine(D-Va.), senior member of the committee.
A Republican who was close to the transition believed that Trump officials were not in a hurry to sign agreements, believing the operation at Mar-a-Lago is operating smoothly without federal assistance.
Many on the right urge Trump’s team not to follow the rules and to continue to use private funds for transition staff. They also want them to conduct their own personal vetting in preparation to take control of the federal government.
One Republican, who was familiar with Trump’s transition in 2016 and his current transition but requested anonymity for private discussions, said: “They don’t want the hassle.” They would be able to plan the transition the way they wanted, without having to take public funding. This opens them up to GSA and other quasi-public groups whose mission is to undermine them.
Ethics experts are concerned that the Trump administration has not yet started the work necessary to be prepared to govern. They warn against beginning this work until the General Services Administration (GSA), the White House, and the Justice Department have signed the three memorandums.
The Center for Presidential Transition, a nonpartisan, nonprofit organization that assists in transition planning, has stated: “There’s no reason for a team of incoming presidents to go into federal agencies and hold discussions without signing MOUs.”
She said that “the main thing” in the agreement is that members of the Transition Team will be bound to an ethics agreement which ensures they are using information appropriately and limit the use lobbyists and agents.
POLITICO was told by several agencies, including Pentagon and State Department that they have not received any formal outreach from the Trump Transition — either from the landing teams, or from other officials.
Justice Department offered to begin briefing Trump’s team about ongoing operations, and process security clearances, just days after the elections. However, this cannot be done until Trump’s transition signs agreements. The FBI cannot also conduct background checks on Trump’s Cabinet nominees without the DOJ agreement. This has already been identified as a possible hurdle for confirmation.
John Thune, the soon-to-be Senate majority leader (R-S.D. ), said Thursday that in the absence of federal scrutiny, he and his fellow lawmakers who will be voting on the slate of officials must “be very thorough in vetting these nominations and ensure that background information is available.” John Thune (R-S.D.) said on Thursday that without federal scrutiny he and other lawmakers voting on the slate will need to “be very thorough in vetting and ensuring that the correct background is available.”
Republican Sen. Roger Wicker (Miss.) When asked whether the team of the president-elect should allow the FBI to do background checks on nominees, Wicker was more direct. He said “yes.” “We have to go by the numbers.”
Brian Hughes, a spokesperson for Trump, said that his team’s attorneys “continue constructively engaging with the Biden and Harris Administration lawyers regarding all agreement contemplated by Presidential Transition Act.” He declined to elaborate on the reasons behind the delay, the provisions still to be resolved or the expected timeframe to reach an agreement.
The Biden administration is still hopeful that Trump officials will sign some agreements. They have offered both publicly and in private to offer the new team any assistance they may need to be prepared to govern from Day One.
The team Biden experienced in 2020 was delayed by several weeks due to T
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