Does Congress, though, have the power to add qualifications listed in the Constitution for a person to assume the presidency?
A CBS News/YouGov poll finds 59 percent of American adults approve of how President Trump is handling his return to the White House. An unforeseen danger, though, threatens that goodwill: His refusal to comply with the Presidential Transition Act, which Democrats are highlighting as a danger.
Senator Warren of Massachusetts wrote on X two weeks ago that President Trump is “already breaking the law.” While an unnamed Trump advisor told CNN at the time that the president-elect intends to comply with the Act, the longer he delays, the more the risks to his agenda and the nation grow.
The standoff is something of a surprise. It was Trump’s signature that, in March of 2020, made the Presidential Transition Act — which Ms. Warren authored — law. At the time, of course, he couldn’t have envisioned having to take the reins of the Executive Branch a second time.
“Two transition sources with knowledge of the matter,” Reuters reported on Monday, “said the holdup is Trump having to walk away from his business interests.” When first elected, he put them in a trust. Nevertheless, Democrats often charged that he maintained conflicts of interest.
A president-elect’s entire transition team is required to sign memoranda of understanding with the incumbent White House. Once the documents are filed, incoming officials can begin to receive briefings and get up to speed on the tasks they’ll face after Inauguration Day.
The idea is to ensure a smooth transfer of power at a critical time. In 2000, while Vice President Gore litigated the Florida recount, neither he nor President George W. Bush began preparing for a transition. The 9/11 Commission Report found that this delay was a factor in the terrorist attacks.
This year, one signing deadline after another — the first in August — has passed without action from Trump. The once and future president, due to his substantial net worth and vast business ventures, is also balking at the Act’s requirement that he and his staff sign an ethics pledge.
Trump has been in discussions with the Biden Administration about finding a path forward, but Ms. Warren sees no room for negotiations on a matter of law. “Incoming presidents are required to prevent conflicts of interest,” she said in the post on X. “This is what illegal corruption looks like.”
The Trump staff has drafted their own ethics code and a conflict-of-interest statement, but these lack language mandated by the Act. By October 1, the president-elect was required to lay out how he’ll handle conflicts of interest once in the Oval Office; he chose not to do so.
On Thursday, Ms. Warren sent a letter to the administrator of the General Services Administration, Robin Carnahan, saying Trump “is undermining his own ability to effectively manage national security emergencies, urgent public health and safety threats, and corruption risks.”
An agreement that was due with Ms. Carnahan’s agency on September 1 would have supplied Trump’s team with tools such as secure communications and office space to speed their accession. That date, though, also came and went.
Ms. Warren’s letter stated that the memoranda “are normally mundane agreements,” and that “no prior president-elect has refused to sign” them. She said Trump’s “unprecedented” refusal “threatens the American public by hamstringing incoming officials’ ability to govern responsibly.”
Not publishing “an ethics plan,” Ms. Warren said, and releasing a list of donors, is “increasing the risk of the incoming administration governing for the benefit of special interests rather than the American public.” It’s a vivid picture that may prove persuasive with voters.
The stated purpose of Ms. Warren’s letter is to gain clarity on the “specific expectations” for Team Trump and to learn the status of each. The senator also asked “how, if at all, the GSA” was “engaging” with the incoming administration and the “impacts” of its “lack of compliance.”
The General Services Administration is an independent agency whose mission is “to help manage and support the basic functioning of federal agencies.” Ms. Carnahan was appointed by President Biden, while her mother and father served as a Democratic governor and senator respectively.
It’s hard to guess how far President Trump might press his objections to the requirements in the transition law. Congress has tried over the years to add things a President must do or may not do. The Supreme Court has struck down efforts to add to the conditions — such as being a natural born citizen or of a certain age — that are in the Constitution.
So expect a damaging response from Ms. Carnahan to boost her fellow Democrats, but it’s in Trump’s power to maintain the country’s goodwill. Carrying out the duties of president — such as being a natural born citizen or of a certain age — is a big job, as this president-elect well knows. The sooner he gets on with preparing to do it, the better it will be for him and the nation.