Ethical Storm and Security Risks Loom Over Trump’s Transition – What’s Really at Stake?

The formal transition of power between U.S. President Joe Biden and President-elect Donald Trump has not yet commenced. This critical process, which usually unfolds over several months, is designed to ensure a smooth transfer of responsibilities and continuity of government operations. It involves the outgoing administration sharing vital information with the incoming team. These briefings typically cover a wide range of important topics, including foreign policy strategies, national security matters, and the status of ongoing investigations. This exchange of knowledge is essential to equip the new administration with the insights and tools needed to effectively govern from day one.

Donald Trump, who is set to take office on January 20, has yet to sign the necessary transition documents with Joe Biden. As a result, officials from 15 U.S. agencies, including the Treasury, State Department, Energy Department, Agriculture Department, and Transportation Department, among others, are unable to provide briefings to Trump’s incoming team.

Some critics warn that this unusual delay could lead to disruptions in certain government operations and raise concerns about whether Trump’s appointees will be able to navigate the required ethics checks.

The Trump team has yet to sign two essential agreements required to begin the transition process as outlined by the Presidential Transition Act. These include a memorandum of understanding with the General Services Administration (GSA) and another with the White House. The GSA agreement would provide office space, IT services, and other facilities for the transition team, while the White House agreement would grant access to federal agency employees and documents.

The transition law also mandates a strong ethics pledge, which requires Trump and his transition team to commit to avoiding conflicts of interest once in office. Under the 1963 law that provides funding for the transition, Trump’s team was expected to submit the ethics pledge by October 1.

So why hasn’t Trump signed the necessary agreements? According to two sources familiar with the situation, the delay is due to Trump’s reluctance to sever ties with his business interests, which is a requirement for the transition process.

Three days after his election victory, Trump posted on Truth Social that he had no plans to sell his shares in Trump Media & Technology Group, the parent company of his social media platform. “I HAVE NO INTENTION OF SELLING!” he wrote.

Meanwhile, the leadership of Trump’s transition team has privately drafted its own ethics and conflict-of-interest guidelines for its staff. However, sources familiar with the matter note that these documents do not comply with the requirements of the transition law and fail to address how Trump will manage potential conflicts of interest during his presidency.

By not signing the necessary documents, Trump avoids having to disclose the names of private donors funding his transition and can raise unlimited funds from them to support his return to the White House. The transition law mandates that these donors be disclosed and sets a $5,000 limit on donations.

The Trump transition team has consistently stated that the president-elect plans to sign the documents, but their primary focus has been on selecting and vetting candidates for the new administration. It remains unclear when Trump will actually sign the pledge.

However, all transition staff have signed a comprehensive ethics pledge as a condition of their involvement, according to the team.

Brian Hughes, a spokesperson for the Trump transition, stated, “The Trump-Vance transition lawyers continue to engage constructively with the Biden-Harris administration lawyers on all agreements required by the Presidential Transition Act.”

The U.S. federal government budget, totaling around $7 trillion annually, is funded by taxpayer money. Ethics laws dictate that government employees should not use their positions for personal gain, benefiting themselves, their businesses, or their families. In 2019, Congress amended ethics laws to require candidates to submit and publicly share an ethics plan before an election, partly in response to ethical concerns during the first Trump administration.

What are the consequences?

While the president is exempt from conflict of interest laws due to the broad scope of their responsibilities, ethics experts emphasize that the system relies on the president’s commitment to separating personal interests from national duties. However, a recent Supreme Court ruling declared Trump immune from prosecution for actions taken while in office, raising questions about ethical standards.

What assets does Trump have?

Trump’s assets include a $3.76 billion stake in Trump Media & Technology Group, as well as investments in cryptocurrency, real estate, and international ventures. The Trump Organization, now primarily run by his son Eric, owns a variety of properties, including hotels, golf courses, resorts, office buildings, and condominiums in New York City.

What about security clearances?

The Trump transition team has not yet entered into a memorandum of understanding with the Department of Justice to allow the FBI to conduct background checks for nominees. As a result, potential appointees who would have access to classified information have not been properly vetted. Instead, the transition team is reportedly using private firms for candidate vetting, potentially bypassing federal law enforcement oversight. While the president has the final say on who is nominated, this lack of background checks deviates from established norms.

What did Trump do the last time?

In 2017, Trump pledged to place his business interests in a trust managed by his sons and take steps to avoid conflicts of interest during his presidency. However, he still faced scrutiny from the Office of Government Ethics over potential conflicts related to his businesses. The government’s top ethics official, Walter Shaub, resigned six months into Trump’s term, citing concerns about conflicts of interest.

What do ethics experts say?

Experts warn that Trump could face minimal ethical oversight during a second term, increasing the risk of conflicts of interest and allowing foreign governments and corporations to potentially influence U.S. policy by funneling money into his businesses. A report by congressional Democrats found that at least 20 foreign governments, including Saudi Arabia and China, spent over $7.8 million at Trump’s properties during his first term. This situation has been criticized for undermining public trust in government, which hit some of its lowest levels in over 60 years during Trump’s presidency, with only 17% of Americans trusting the government to do what is right.