Breaking norms, Trump signs transition memorandum with Biden White House

Donald Trump in a red MAGA cap.

US President-elect Trump has sidestepped agreements that would require donor disclosures and vetting for government picks.

United States President-elect Donald Trump’s transition team has signed a memorandum of understanding with Joe Biden’s outgoing administration, in order to kick-start preparations for his second term in the White House.

But Tuesday’s memorandum notably sidestepped an ethics agreement that would have forced Trump to be transparent about who may be financing his transition effort.

It also avoided the question of background checks for Trump’s nominees to high-level government positions, another area in which the president-elect has bucked political norms.

Nevertheless, in a statement on Tuesday, Trump’s incoming chief of staff Susie Wiles called the memorandum a step forward.

“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,” she wrote.

The memorandum paves the way for Biden administration officials to hold briefings and coordinate with their Trump counterparts, ahead of the president-elect’s inauguration on January 20.

The two parties will exchange information on government operations and ongoing projects, to ensure the Trump team does not arrive unprepared to lead.

“A smooth transition is critical to the safety and security of the American people who are counting on their leaders to be responsible and prepared,” White House spokesperson Saloni Sharma told the press.

However, Tuesday’s memorandum does not cover all the typical agreements signed by an incoming administration.

One of those agreements is signed with the Department of Justice, to authorise background checks for government officials through the Federal Bureau of Investigation (FBI).

Another is with the General Services Administration (GSA), an independent body that supports the efficient functioning of the federal government.

As outlined in the Presidential Transition Act, the GSA allows presidents-elect to receive donations for their transition to the White House — but those donations must be below $5,000, and the donor must be publicly named.

Without signing the GSA’s agreement, Trump is unlikely to access the $7.2m earmarked for presidential transition teams.

Normally, major-party candidates must sign the GSA agreement on October 1 of a presidential election year, well before the November vote unfolds.

But Trump has thus far refused. Instead, Tuesday’s memorandum established that Trump and his team are required to publish their own ethics plan and abide by it.

Among the stipulations were that Trump team members would avoid conflicts of interest and protect non-public information.

Ordinarily, FBI clearance is required for access to classified materials. But Tuesday’s memorandum also indicates that Trump may avoid that process as well.

In her statement, Wiles framed Trump’s avoidance of the GSA and Justice Department agreements as a way of avoiding “taxpayer funding for costs related to the transition”.

She celebrated the Trump transition team’s decision as a symbol of “organizational autonomy” and self-sufficiency.

“The transition already has existing security and information protections built in, which means we will not require additional government and bureaucratic oversight,” she wrote.

Sharma, the White House spokesperson, said the Biden administration did not agree with the decision to discard some of the usual protocols. But Sharma signalled that Biden officials would forge ahead, to avoid further delays in the transition process.

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