Despite Trump's delay in the transition process, Biden and Harris's teams accelerate their post-election preparations.
With around 100 days left until a brand-new president takes office and barely a month until Election Day, potential setbacks in transition planning could create obstacles for a smooth power transition.
In a climate of high hostility and suspicion, Max Stier, the president and CEO of the Partnership for Public Service, a nonprofit, nonpartisan organization, bluntly stated that transition-related activities are "at your own risk" if overlooked.
"You're gonna need to engage, or else things will get pretty dicey for our country," Stier warned, referencing the Trump campaign, which so far hasn't inked formal agreements with the federal government for the transition phase.
The incoming president will have to tackle major challenges at home and abroad: the aftermath of a catastrophic hurricane season, an intensifying conflict in the Middle East, and economic instability. The purpose of a presidential transition is to ensure that the new administration can hit the ground running on their first day in office.
As Chris Lu, executive director of former President Barack Obama's 2008 transition team, put it, "Smooth transitions pave the way for smooth presidencies."
Transition planning was spearheaded by the White House Office of Management and Budget and the General Services Administration before the main parties had even chosen their 2024 candidates - with the Democrats suddenly altering their top candidate, notwithstanding.
Representatives from the Harris and Trump teams have held discussions with Biden administration representatives lately, preceding two deadlines aimed at initiating the transition process. The Trump transition team is led by Linda McMahon, who headed the Small Business Administration during Trump's initial term, while Cantor Fitzgerald CEO Howard Lutnick chairs Harris's transition team. Harris has continued with the same person who handled the process for President Joe Biden, Yohannes Abraham, former ambassador to the Association of Southeast Asian Nations.
By September 1, both campaigns were supposed to sign a memorandum of understanding with the GSA, granting them access to office space, communications, equipment, and IT support. Both teams are also expected to submit an ethics plan and to identify individuals requiring security clearances to obtain classified information during the transition period.
"GSA has entered into an MOU with the Harris transition team, providing them with space and services. We're all set to offer our services to the Trump transition team once an MOU is signed and accepted," a GSA spokesperson stated.
The Harris team has already submitted its ethics plan, while the Trump team has yet to do so.
"Much of what they will need to prepare for running the government depends on having access to information and resources contingent upon that MOU," Stier stressed, emphasizing, "Time is of the essence, and they're missing out on some things."
The Trump campaign declined to comment on CNN's request for comment.
According to a White House spokesperson, the federal transition coordinator is actively collaborating with the former president's transition team to finalize its MOU by October 1.
By October 1, both campaigns were expected to sign another memorandum of understanding with the White House outlining terms of access to agencies, including personnel, facilities, and documents.
The Harris campaign and White House completed their MOU swiftly following the October 1 deadline. Trump's transition endeavor has yet to sign on, with Stier hinting that conversations are ongoing.
However, this strategy departs from the way Trump's team handled the transition in 2016. Former New Jersey Gov. Chris Christie took charge of the transition team in May. After Election Day, Trump replaced Christie with Vice President-elect Mike Pence, but during this phase, Christie had already laid significant foundations for Trump, engaging with the Obama administration and establishing transitional teams and blueprints for each federal government department.
Insights from the Biden administration's preparations
The Biden administration began preparing for this transition in 2023, initiating the process with the appointment of a federal transition coordinator, a senior career official serving as the principal liaison between the candidates and the eventual president-elect. Activity ramped up in 2024, and in April, OMB released a directive to each federal agency detailing the tasks that needed to be accomplished.
Convened by OMB deputy director Jason Miller and GSA's federal transition coordinator, Aimee Whiteman, the Agency Transition Directors Council held routine meetings with career representatives from each agency every month.
Career officials, numbering more than 2 million, typically serve across administrations, while political appointees, approximately 4,000 in number, work for one president and vacate post when a new administration takes office, although they may be invited to remain if requested by the new team.
Every government agency was required to devise a succession plan for all of its senior political officials by September 15. And by November 1, each agency must have delivered briefing materials prepared for the prospective president-elect's team.
The objective of these briefing materials is "to help shed light on the challenges facing the incoming administration, identify the issues, demonstrate how past efforts addressed them, and suggest potential priorities for future action," according to Valerie Boyd, director of the Center for Presidential Transition at the Partnership for Public Service.
These materials focus mainly on organizational structure, logistical details, and topics such as budget processes and distribution of political appointees. Memos and briefing materials serve as a "pragmatic roadmap" to organize expected conversations between the Biden administration and the future administration's transition team, a senior administration official informed CNN.
Every transition is unique
Although organizations like Stier's have worked to standardize the transition process in recent years, the specter of political polarization remains, raising questions about whether – or how – such briefing materials will be utilized by a future administration.
Several appointees serving under Biden, who also worked under Obama, share their insights from the 2016 transition. Their experience has given them a sense of muscle memory and serves as a warning: Expertise put into preparing memos and briefings might not be utilized by an incoming administration that doesn't wish to use them.
One high-ranking official, who served under both Biden and Obama, recalls waiting for calls and visits from the Trump team, which never materialized. The Trump campaign, according to this official, has shown no signs of interest in the memos provided by their team.
If Harris wins the election, the institutional knowledge of the current administration could largely remain, much like during Obama's reelection in 2012.
"You're in an unusual situation now, where one side might not be interested in briefings. The other side doesn't really need briefings due to friendly takeover," noted a former Democratic transition official to CNN.
Transition periods for every election cycle display their unique characteristics. Democratic operatives look back at 2008 as the last example of a straightforward transition. The Bush administration held joint briefings with the Obama and McCain campaigns, and these materials were not only prepared but effectively utilized.
Lu, Obama's 2008 transition director, recalls facing rising unemployment and crises in housing, finance, and the auto industry. The top priority was to formulate a recovery plan that could stabilize the economy once they took office.
The pandemic affected Biden's 2020 transition planning, which was conducted mostly remotely. However, Trump's team delayed the incoming administration's access to resources using the little-known step of 'ascertainment', affecting information flow in key national security areas.
In 2000, with the Supreme Court pending a recount in Florida, neither Bush nor Gore's teams were involved in the transition process. The 9/11 Commission Report cited this as a contributing factor to the September 11, 2001, terror attacks. The Presidential Transition Act was modified in 2022 to address this issue, with federal agencies required to provide equal access to resources for candidates if the election result remains unknown past November 10.
Trump is reportedly planning to make significant changes to career officials in the federal government, potentially converting thousands of jobs into politically appointed positions. This move could result in the dismissal of federal employees who prioritize public interest over loyalty to Trump.
Should Harris win, a key question arises: How will she use existing political appointees, including Cabinet officials, from the Biden administration? Continuity could benefit Harris due to the Senate confirmation process not needing to reconfirm Senate-confirmed leaders in a potential Harris administration.
Harris's team has declined to make personnel decisions before the election, recognizing the significance of the Senate's composition on these selections. Harris has, however, committed to appointing a Republican to her Cabinet.
Paraphrased text:
Several Biden administration officials who served during Obama's tenure have shared insights, suggesting their experience in preparing for 2016's transition has provided a sense of muscle memory and cautionary tale. Memos and briefings might be overlooked by an uninterested incoming administration. A senior official, serving under both Biden and Obama, recalls waiting for Trump's team to engage but found no interest. The Trump campaign has shown no signs of utilizing the materials offered. A friendly takeover, with Harris winning the election, would maintain institutional knowledge, similar to Obama's reelection in 2012. Democratic operatives emphasize the unique characteristics of each transition cycle, citing 2008 as the last straightforward example. The Bush administration held joint briefings for both Obama and McCain campaigns, effectively utilizing the prepared materials. In 2020, Biden's team handled pandemic-era planning remotely, while Trump enforced 'ascertainment' for significant delays in resources. In 2000, neither Bush nor Gore's teams engaged in the transition, with the Supreme Court awaiting a recount in Florida. The 9/11 Commission Report highlighted this period as a contributing factor to the September 11, 2001, terror attacks. Consequently, changes were made to the Presidential Transition Act in 2022. Federal agencies are now required to provide equal resources for multiple candidates if the election outcome remains uncertain after November 10. Strategic changes from the Trump administration could impact career federal officials, with threats of job loss for those prioritizing public interest over loyalty to Trump. Harris's team declines to make personnel decisions before the election, acknowledging the Senate's role in deciding the appointments. Harris has pledged to appoint a Republican to her Cabinet.
The potential lack of engagement from the Trump campaign in transition activities has led experts like Max Stier to warn of potential obstacles for a smooth power transition. The importance of transition planning was underscored by the Biden administration, which initiated its preparation efforts in 2023, well ahead of the election.
If the Trump campaign fails to engage in transition activities, it may miss out on crucial information and resources, as stressed by Stier. The objective of transition planning is to ensure that the incoming administration can hit the ground running on their first day in office, as highlighted by Chris Lu, former president of Obama's 2008 transition team.
