On Tuesday, President-elect Donald Trump secured an agreement with President Joe Biden’s White House to allow his transition team to cooperate with the existing government workers before taking office on January 20.
The congressionally mandated agreement permits transition aides to collaborate with federal agencies and have access to non-public material, while also allowing government employees to speak with the transition team.
However, Trump has declined to sign a separate agreement with the General Services Administration that would have granted his team access to secure government offices and email accounts, citing the requirement that the president-elect limit contributions to $5,000 and reveal who is donating to his transition effort.
The White House agreement was intended to be signed by October 1, according to the Presidential Transition Act, and the Biden White House had made both public and private calls to Trump’s team to sign on.
The agreement is a vital step in ensuring an orderly transfer of power at noon on Inauguration Day, laying the framework for the White House and government departments to begin sharing information about ongoing programs, activities, and threats. It reduces the possibility that the Trump team will take control of the enormous federal government without receiving briefings and papers from the previous administration.
According to the White House, as part of the deal, Trump’s team would be required to publicly release their transition operation ethics plan and pledge to upholding it. Before receiving access to non-public federal information, transition aides must sign statements confirming that they have no financial positions that could create a conflict of interest.
According to the White House, Biden brought up the agreement with Trump during their meeting in the Oval Office on November 13, and Trump signaled that his team was trying to have it signed.
Susie Wiles, Trump’s chief of staff-designate, met with Biden’s top of staff Jeff Zients and other senior officials at the White House on Nov. 19 to resolve remaining holdups, while lawyers for the two sides have spoken more than a half-dozen times in recent days to finish the agreement.
“Like President Biden said to the American people from the Rose Garden and directly to President-elect Trump, he is committed to an orderly transition,” said White House spokesperson Saloni Sharma. “President-elect Trump and his team will take office on January 20 at 12 p.m., and they will be immediately responsible for a variety of domestic and global challenges, both anticipated and unanticipated.” A smooth transition is important to the safety and security of the American people, who want their leaders to be accountable and prepared.”
Without a signed agreement, Biden administration officials were limited in what they could discuss with the new team. Rep. Mike Waltz, Trump’s national security advisor-designate, recently met with Biden’s national security adviser Jake Sullivan, although the exiting team had limited discussions.
“We are doing everything that we can to effect a professional and orderly transition,” White House national security spokesperson John Kirby told reporters on Monday. “And we continue to urge the incoming team to take the steps that are necessary to be able to facilitate that on their end as well.”
“This engagement allows our intended Cabinet nominees to begin critical preparations, including the deployment of landing teams to every department and agency, and complete the orderly transition of power,” Wiles wrote in a statement.
The Trump transition team claims it will identify its donors to the public and would not accept foreign donations.
A separate deal with the Department of Justice to coordinate background checks for vetting and security clearances is still being worked on and may be inked soon now that the White House agreement has been signed. Once the letter is signed, the agency will have teams of investigators ready to process clearances for Trump officials and advisers.
This would allow transition staffers, as well as future administration personnel and nominations, to gain access to classified information before Trump takes office. Some Trump advisors may have active clearances from his first term in office or previous government positions, but others will require fresh checks to access confidential information.
Trump’s transition team publicly informed the GSA on Friday that they would not use the government office space allotted for them blocks away from the White House, as well as government email accounts, phones, and laptops.
The White House said it disagrees with Trump’s decision to withdraw GSA support, but it is working on alternative ways to offer Trump appointees the information they require without risking national security. On Tuesday, federal agencies will receive advice on how to share sensitive material with the Trump administration without risking national security or non-public information.
Agencies, for example, may demand in-person meetings and document inspections since the Trump administration has refused to use secure phones and computers. For unclassified material, agencies may request that Trump transition officials certify that they are implementing basic measures, such as using two-factor authentication on their accounts.
“The signing of this agreement is good news, and a positive step toward an effective transfer of power,” stated Max Stier, president and CEO of the Partnership for Public Service. “This agreement unlocks direct access to information from federal agencies, which is vital for the incoming administration to be ready to govern on Day One and critical to the transition’s success.”