WASHINGTON, D.C. — Four House Democrats are demanding answers from the government official who has refused to initiate the formal transition of power to President-elect Joe Biden.


What You Need To Know

  • Four House Democrats are demanding answers from the General Services Administration's Emily Murphy, who has refused to initiate the formal transition of power to Joe Biden

  • The lawmakers who penned the letter are Reps. Carolyn Maloney of New York, Nita Lowey of New York, Gerry Connolly of Virginia and Mike Quigley of Illinois 

  • The Democrats argue that Biden clearly meets the standard of being the election's apparent winner as laid out under the Presidential Transition Act 

  • The congressional members wrote that blocking the transition is “having grave effects" on an orderly transfer of power and Biden's ability to respond to the coronavirus pandemic

In a letter Thursday to Emily Murphy, administrator for the General Services Administration, the chairs of two House committees and two subcommittees requested a briefing by Monday on why she has yet to ascertain the election, which triggers the formal transition. 

In their letter, Reps. Carolyn Maloney of New York, Nita Lowey of New York, Gerry Connolly of Virginia and Mike Quigley of Illinois told Murphy that blocking the transition is “having grave effects, including undermining the orderly transfer of power, impairing the incoming Administration’s ability to respond to the coronavirus pandemic, hampering its ability to address our nation’s dire economic crisis, and endangering our national security.”

The transition process allows a president-elect access to information and resources, including millions of dollars in funding, needed to ensure a smooth handover. Despite that major media organizations called the election for Biden on Nov. 7, President Donald Trump has refused to concede while he makes false accusations of widespread voter fraud. The president’s legal team has repeatedly lost in court and failed to present any evidence of the sort of widespread fraud that might overturn Biden’s win in several battleground states. 

Among the roadblocks the Biden transition team is facing is being shut out of the daily intelligence briefings traditionally given to presidents-elect, not receiving any information from the Trump administration that could help in the rollout of a coronavirus vaccine next year, and not having messages from foreign leaders forwarded or conversations with them facilitated. In addition, the Center for Presidential Transition warned this week that an abbreviated transition period could hinder Biden’s ability to fill more than 1,200 positions requiring Senate confirmation, including some addressing the pandemic. 

The House Democrats said Murphy’s answers would help them determine whether to hold public hearings that would also include Murphy’s deputy and chief of staff, and the GSA’s general counsel.  

The congressional members argue that Biden has clearly met the requirements of the Presidential Transition Act of 1963. 

“Under the Presidential Transition Act, it is your responsibility as Administrator of the General Services Administration (GSA) to begin transition activities as soon as you ascertain ‘the apparent successful candidates for the office of President and Vice President,’” they wrote. “President-elect Biden and Vice President-elect Harris have clearly satisfied any good faith reading of this standard.”

They noted that Biden has been declared the winner by “virtually every major news organization” and that he has secured 306 electoral votes compared to Trump’s 232. Two hundred seventy are needed to win the presidency. 

“At this stage, there is no conceivable argument that Joe Biden and Kamala Harris are not ‘the apparent successful candidates for the office of President and Vice President,’” the congressional members wrote.

Spectrum News has reached out to the GSA, White House and Trump campaign for comments on the letter. The White House directed questions to the GSA.

When asked at a press briefing Friday if the White House has applied any pressure to the GSA, White House Press Secretary Kayleigh McEnany said, "Absolutely not."

"GSA will make the determination of ascertainment at the right moment," she said. "Right now, there’s a constitutional process that’s being played out. There are questions being asked in court.”

In an earlier statement, the GSA said its administrator "does not pick the winner in the Presidential election. In accordance with the Presidential Transition Act of 1963 (PTA), as amended, and consistent with precedent established by the Clinton Administration in 2000, the GSA Administrator ascertains the apparent successful candidate once a winner is clear based on the process laid out in the Constitution."

The GSA also said Biden's transition team is continuing to receive some pre-election services from the government such as office space, computers and background investigations for security clearances.

The House Dems also said in their letter that they have questions about Trump’s executive order in September changing the line of succession at the GSA to make its general counsel fourth to lead the agency and then installing White House lawyer Trent Benishek into that role less than a week before the election.

“We do not know why these actions were taken, but they raise questions about whether the White House may be placing undue pressure on you to delay granting the Biden-Harris Transition Team access to the post-election resources required by the Presidential Transition Act,” the letter said. “Our concerns are even more heightened in light of the President’s erratic decisions to fire other department and agency heads. We have been extremely patient, but we can wait no longer.”

Maloney chairs the House Oversight Committee, and Lowey heads the Appropriations Committee. Connolly is the chairman of Oversight’s Government Operations Subcommittee, and Quigley leads Appropriations’ Financial Services and General Government Subcommittee.

UPDATE: A General Services Administration spokesperson emailed Spectrum News on Nov. 23, 2020, with a statement saying: "GSA sent its response to the respective Committees today. GSA’s Deputy Administrator Allison Brigati will host a 30 minute briefing on Monday, November 30, with the four requesting House Committee Chairs and their Ranking Members. On Monday, November 30, GSA will also host an in-person-only briefing for Senate Appropriations Committee, Senate Homeland Security and Governmental Affairs Committee, and Senate Environment and Public Works Committee staff. Staff for the House Appropriations and Oversight Committees are invited to attend this in-person briefing as well."

Editor's note: This article was updated to include comments from White House Press Secretary Kayleigh McEnany and the General Services Administration.