Election Controversies and Delayed Presidential Transitions: Then Compared to Now
Donald Trump’s presidency has been different than others and the transition has been no exception. Since Joe Biden’s victory, Trump has been adamant that the election has been rigged against him despite no evidence of fraud, leading to a contentious transition of power. Trump’s four years in office have been branded by divisive partisan politics, Twitter outbursts and personal feuds so it is unsurprising that his reelection loss has been handled without grace. Throughout American history, the period of time between Election Day and Inauguration Day has traditionally been used to coordinate a smooth transition between the incumbent and the president-elect. Instead, president Trump has spent the remainder of his time in the White House focused on spreading unfounded claims about widespread government corruption to his supporter base. While Trump’s theatrics have resulted in a notable nationwide divide, disputed election results are not new in recent American history.
In 2000, George W. Bush won the election by an incredibly close margin determined by a controversial Supreme Court decision. Despite the contentious election results, once the election was decided there was a smooth and professional transition of power, a stark contrast from Trump’s behavior today. Though there are major differences in the circumstances around the Clinton to Bush transition and the Trump to Biden transition, the Bush transition demonstrates the possible consequences of a delayed presidential transition.
Why is the importance of the presidential transition?
A smooth transition maintains both national security and political stability. The transition functions both symbolically and practically (Weiner and Lau). The president-elect and their team must prepare for their presidency by staffing the White House, making appointments, creating policy plans and budget proposals, among other things (Partnership for Public Service). Not only does the president-elect need to prepare for their own term, but they must also be brought up to date on the actions of the current administration and federal agencies. The Center for Presidential Transitions says “The success of a presidential transition relies in part on the cooperation and preparation of the outgoing president, whether the outgoing occupant of the White House has reached the end of a term or is an incumbent who has lost re-election” (Partnership for Public Service). The current president plays an important role as the transition process is done in tandem with the current administration.
Every transition looks different, though there are many norms the American people have come to expect. For instance, most presidents meet with their successor at the White House and invite the press to capture the moment to demonstrate unity. Similarly, the incumbent will often speak positively about the president-elect, offering hope for the future. There is legislation that describes the transition process. A federal statute called the Presidential Transition Act, passed in 1963 and managed by the General Services Administration (GSA). The presidentially appointed GSA administrator’s determination that a new president has been elected allows the transition process to begin, giving the president-elect access to federal resources, agencies and national security briefings (Weiner and Lau). Despite the conflict of interest with the GSA administrator being nominated by the incumbent president, there has never been an issue until current GSA administrator Emily Murphy (Berkowitz and Walls). Previous administrations have been guided by the American democratic tradition, recognizing the president-elect when they win the election.
The presidential transition is a fundamental part of American democracy. Daniel Weiner from the Brennan Center for Justice says “A peaceful transfer of power — particularly from one political party to another — is the ultimate expression of the rule of law and of a society governed by the law, not by individual rulers.” A democratic election allows the citizens to participate in government. Without a peaceful transfer of power, there will be a loss in confidence that the legitimacy of American government will be lost both domestically and abroad, posing major risks to national security and economic stability.
Lessons learned from recent history
The Presidential Election of 2000, between George W. Bush and Al Gore (the vice president of the incumbent Bill Clinton), was one of the closest in recent history with the Supreme Court ultimately deciding the winner. On November 7, 2000 most major networks prematurely called Florida for Gore, then called it for Bush, winning him the race. Gore gave a concession speech that he later retracted when he realized he had won the popular vote by 543,895 votes. After weeks of lawsuits and challenges the case made its way to the U.S. Supreme Court which decided in a 5-4 vote to stop the recount on December 12, 2000. Bush’s 537 vote lead in Florida at the time that the recount was stopped won him the 25 electoral votes at stake.
Bush lost the popular vote, but as Trump reminded America in 2016, the electoral college determines the election. To win a candidate must receive 270 electoral votes. After winning Florida, Bush led with 271 electoral votes, while Gore had 266. The margin between Bush and Gore was much closer than the one seen in the 2020 election where Biden and Trump received 306 and 232 electoral votes respectively.
(Richards, 2000)
After all the legal battles, there was little time for the transition which led to major consequences for the Bush administration. Clinton and Bush exchanged the traditional pleasantries, the incumbent first couple meeting the new first couple at the White House and speaking kindly of each other to the press after the win. Within George W. Bush’s first year in office there was a terrorist attack on September 11, 2001 that killed thousands and shocked the nation. Bush’s Chief of Staff, Andy Card, told reporters years later that “The 9/11 Commission had said if there had been a longer transition and there had been cooperation, there might have been a better response, or maybe not even any attack” (DeCiccio). The rushed transition period Bush experienced motivated him to cooperate with Obama’s team in every way possible to prevent any problems during the 2008 transition.
Where does the Trump to Biden transition stand now?
Trump’s unwillingness to accept the election results and cooperate with the president-elect has caused significant delays in the transition process similar to Bush’s transition after the 2000 election disputes. Since Biden’s presumptive win on November 7, the Trump administration has slowly and reluctantly begun admitting the president-elect’s victory. More than two weeks later after Biden’s win, the GSA administrator ascertained the elections. It was not until November 30 that Biden and his team began receiving classified briefs (Berkowitz and Walls). Trump’s Republican allies stood by his baseless election fraud claims with Congress members voting against the certification of Biden’s win. On January 6, as Congress was to certify Joe Biden’s victory, Trump-supporting rioters attacked the nation’s Capitol. Congress certified Biden’s win early the next morning. On January 15, 2021 Trump was impeached by the House for inciting the Capitol insurrection. Trump became the first president in American to be impeached twice. The Senate likely will not hold the impeachment trial until after Inauguration Day, January 20, where they will determine whether to convict Trump. Transitions are a politically vulnerable time for a state and the delays and division caused by Trump’s mishandling of the transition only exacerbate the problem.
Looking at Bush’s transition, what can Biden expect?
The Clinton to Bush transition made clear the dangerous effects of a rushed transition. David Marchich of the Center for Presidential Transition says “Failure to have a smooth transition could put our national security, our economic security and our health security at risk” (Sonne). A sloppy transition is especially dangerous within the context of the pandemic as the American death toll grows. Currently the United States faces rapidly rising COVID-19 cases and difficult economic decisions around reopenings. The Trump administration has failed to respond appropriately to the Coronavirus, putting Biden further behind in the race to contain the pandemic. The crude transition and Biden’s team’s resulting limited access to necessary resources may hinder their efforts. During campaigning, Biden attracted the attention of voters as a seasoned politician who would hit the ground running, a gleaming quality that stood out particularly after four years with an inexperienced Trump administration. The president-elect’s team reflects his years of experience in the field and will be able to keep pace. Despite the struggle with the incumbent administration, once the Biden team gained access to federal agencies and resources, they made Operation Warp Speed, the Coronavirus vaccine development and distribution plan, a top priority (Berkowitz and Walls). President-elect Biden and his administration will use their experience, organization and preparation as they work against the clock to clear the mess Trump has left.
Works cited
Berkowitz, B., & Walls, M. (2020, December 01). Laws and customs guide presidential transitions - but some go off the rails anyway. Retrieved January 11, 2021, from https://www.washingtonpost.com/graphics/2020/politics/abnormal-transitions-of-power-timeline/
DeCiccio, E. (2020, November 12). Former Bush chief of staff cites 9/11 Commission, warns about slow transition. Retrieved January 11, 2021, from https://www.cnbc.com/2020/11/11/former-bush-chief-of-staff-cites-9/11-warns-about-slow-transition.html
Kennedy, L. (2020, September 24). How the 2000 Election Came Down to a Supreme Court Decision. Retrieved January 11, 2021, from https://www.history.com/news/2000-election-bush-gore-votes-supreme-court
Presidential Transition Guide (Fourth ed., Publication). (2020). Partnership for Public Service. Retrieved January 11, 2021, from https://presidentialtransition.org/wp-content/uploads/sites/6/2018/01/Presidential-Transition-Guide-2020.pdf.
Richards, P. (Dec. 19, 2000). [Photograph]. Getty Images, https://s.abcnews.com/images/Politics/GTY-POTUS-firstmeeting-04-jrl-161110_16x9_992.jpg
Sonne, P. (2020, November 11). Chaotic presidential transition brings vulnerability, security risks to nation. Retrieved January 11, 2021, from https://www.washingtonpost.com/national-security/defense-transition-trump-election/2020/11/11/7ca500a2-21ff-11eb-8599-406466ad1b8e_story.html
Weiner, D. I., & Lau, T. (2020, November 13). Why the Presidential Transition Process Matters. Retrieved January 11, 2021, from https://www.brennancenter.org/our-work/research-reports/why-presidential-transition-process-matters
