On Tuesday, President-elect Donald Trump came to a necessary agreement with President Joe Biden’s administration, allowing his transition team to engage with federal employees and agencies prior to taking office on January 20. This arrangement is mandated by Congress and enables transition aides to access confidential information and collaborate with governmental personnel.
However, Trump opted not to finalize a separate agreement with the General Services Administration, which would have provided his team with access to secure offices and email systems. The reluctance to proceed stemmed from the provision that would require Trump to disclose individual donations supporting his transition efforts.
The agreement with the White House was meant to be signed by October 1, as stipulated in the Presidential Transition Act, and the Biden administration had made both public and private entreaties urging Trump’s team to finalize it. This agreement is instrumental in ensuring a seamless transfer of power on Inauguration Day and serves as a foundation for the White House and government bodies to share vital information regarding ongoing initiatives, operations, and potential threats. It aims to minimize the possibility that Trump’s team will assume control of the extensive federal apparatus without adequate briefing and documentation from the outgoing administration.
As part of the finalized agreement with the White House, Trump’s team is required to publicly share its ethics strategy for the transition and commit to abiding by it. Transition aides need to sign declarations affirming they do not hold financial interests that could create conflicts before they’re granted access to sensitive federal information.
During a meeting in the Oval Office on November 13, Biden raised the necessity of the agreement with Trump, who indicated that his team was making efforts to get it signed. Additionally, Trump’s chief of staff-designate, Susie Wiles, engaged in discussions with Biden’s chief of staff, Jeff Zients, on November 19, addressing remaining issues, while legal teams from both sides communicated multiple times in the days leading to the agreement’s finalization.
According to White House spokesperson Saloni Sharma, “As President Biden expressed to the American public and directly to President-elect Trump, he is dedicated to an orderly transition.” Furthermore, she noted, “President-elect Trump’s team will take charge on January 20 at noon, facing both anticipated and unexpected domestic and global challenges. A smooth transition is crucial for the safety and security of Americans who depend on their leaders to be ready and responsible.”
Without the signed agreement, officials from the Biden administration faced restrictions in sharing information with the incoming administration. Trump’s national security adviser-designate, Rep. Mike Waltz, had met with Biden’s national security adviser, Jake Sullivan; however, the exchange of information was limited by the absence of this agreement. White House national security spokesperson, John Kirby, emphasized the administration’s commitment to facilitating a professional and orderly transition, urging the incoming team to undertake necessary measures on their end.
In a statement, Wiles stated that the engagement permitted intended Cabinet nominees to commence essential preparations, such as deploying teams to various departments and agencies, and ensuring the orderly transition of power.
A separate agreement with the Department of Justice is still actively being worked on to coordinate background checks for vetting and obtaining security clearances. This agreement could come together quickly now that the White House agreement is finalized. The Department of Justice has investigative teams ready to expedite clearances for Trump’s aides and advisors once the necessary paperwork is signed.
This would pave the way for transition aides and prospective appointees to access classified information before Trump formally takes office. Some aides might retain active security clearances from Trump’s previous term or other governmental roles, while others will require fresh clearances to access sensitive data.
On Friday, Trump’s team formally notified the General Services Administration that they would not be utilizing designated government office spaces or access to official email accounts, phones, and computers during the transition. Although the White House expressed disagreement with Trump’s decision to pass on GSA support, it is devising alternative methods to provide his appointees with the necessary information while maintaining national security. Federal agencies are being instructed on how to disseminate sensitive information to the Trump transition team without compromising national security or confidential data.
For example, agencies might require in-person meetings and document inspections due to the Trump team’s decision to forgo secure communication devices. For non-classified information, agencies may request that Trump’s transition staff attest to taking basic security measures, such as implementing two-factor authentication on their accounts.