Presidential Transition Transparency

The peaceful transfer of power from one administration to a newly elected government is a centuries-long hallmark of American democracy. But the unprecedented actions of Trump, the White House, and political appointees in his administration have destabilized that tradition. American Oversight is investigating political interference in the lawful transition of power to President-elect Joe Biden.

Despite Joe Biden’s clear victory in the November 2020 presidential election, former President Donald Trump continued to lean on baseless claims of voter fraud to falsely insist he won — claims that have had catastrophic results.

In the months after the election, the White House reportedly moved to purge officials who did not support Trump’s attempts to remain in power and attempted to burrow loyalists into career positions. Trump fired Defense Secretary Mark Esper and Cybersecurity and Infrastructure Security Agency Director Chris Krebs — the latter after he and his agency forcefully denied election fraud claims.

American Oversight is investigating potential political interference in the lawful transition of power to the Biden administration, including at the General Services Administration, where Trump-appointed Administrator Emily Murphy did not authorize Biden’s team to use government resources during the transition until Nov. 23, a delay that was practically unprecedented, per media reports. Murphy was responsible for issuing the letter of “ascertainment” that sets the transition process in motion, allowing officials to meet with their incoming counterparts and to begin background check processes, for example.

On Nov. 9, 2020, American Oversight submitted two Freedom of Information Act requests for records that may shed light on whether the White House played a role in the GSA’s intransigence, seeking communications between the White House and Murphy as well as other senior GSA staff, and any GSA emails containing key terms relevant to the transition.

Through our document preservation initiative, American Oversight is also working to ensure that documents necessary for a smooth transition are properly preserved in accordance with the law. We will continue to use the tools of public oversight to provide transparency through the transition process and hold officials accountable for the erosion of democratic norms.

Related Documents

March 1, 2023

DOD Records Following Former Defense Sec. Esper’s Departure

Department of Defense
Agency Record
January 26, 2023

DOJ Records and Communications from White House Meetings During Transition Period

Department of Justice
Agency Record
February 25, 2022

Records Request to Arizona Attorney General for Communications with the White House During Presidential Transition

Arizona Attorney General
FOIA Request
October 8, 2021

American Oversight v. DOJ — DOJ Records from Final Weeks of Trump Administration

Department of Justice, DOJ - Civil Division
Litigation
August 25, 2021

American Oversight v. DOD – Defense Department Officials’ Calendars and Communications from Final Weeks of Trump Administration

Department of Defense
Litigation
July 12, 2021

FOIA to DOD Seeking Decision Memos of Top Officials Following Esper’s Departure from the Agency

Department of Defense
FOIA Request
July 12, 2021

FOIA to DOD Seeking Communications and Calendars of Top Officials Following Esper’s Departure from the Agency

Department of Defense
FOIA Request
June 22, 2021

FOIA to DOJ Seeking Communications of Chief of Staff John Moran from Presidential Transition Period

Department of Justice
FOIA Request
June 22, 2021

FOIA to DOJ Seeking Calendars of Acting Attorney General Rosen from Presidential Transition Period

Department of Justice
FOIA Request
June 22, 2021

FOIA to DOJ Seeking Notes from White House Meetings During Transition Period

Department of Justice
FOIA Request
June 22, 2021

FOIA to DOJ Civil Division Seeking Records of Acting Assistant AG Clark During Transition Period

Department of Justice, DOJ - Civil Division
FOIA Request
March 3, 2021

FOIA to Multiple Agencies Seeking Decision Memoranda Signed by Top Officials During Presidential Transition

Department of Commerce, Department of Defense, Department of Education, Department of Health and Human Services, Department of Homeland Security, Department of Justice, Department of State, Department of Transportation, General Services Administration, National Aeronautics and Space Administration, U.S. Agency for Global Media, White House - Office of Management and Budget
FOIA Request
March 3, 2021

FOIA to Treasury Seeking Decision Memoranda Signed by Top Officials During Presidential Transition

FOIA Request
December 28, 2020

NASA Records Regarding the Communications of the Designated Agency Transition Official

National Aeronautics and Space Administration
Agency Record
December 23, 2020

GSA Communications with White House Concerning Resources for President-Elect Biden’s Transition Team

General Services Administration
Agency Record
December 21, 2020

Letter to Multiple Agencies Concerning Federal Workers’ Whistleblower Rights

Central Intelligence Agency, Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of Justice, Department of Labor, Department of State, Department of the Interior, Department of the Treasury, Department of Transportation, Department of Veterans Affairs, DOD - National Security Agency, Environmental Protection Agency, Federal Trade Commission, General Services Administration, Nuclear Regulatory Commission, Office of Personnel Management, Office of the Director of National Intelligence, U.S. Agency for Global Media, White House - Office of Management and Budget
December 15, 2020

FOIA to DOD Seeking Communications and Calendars of Top Officials Following Esper’s Departure

Department of Defense
FOIA Request
December 15, 2020

FOIA to DOD Seeking Decision Memos of Top Officials Following Esper’s Departure

Department of Defense
FOIA Request
December 15, 2020

FOIA to DOD Seeking Dissent Memos Following Esper’s Departure

Department of Defense
FOIA Request
December 15, 2020

FOIA to DOD Seeking Requests to Records and Declassification Division

Department of Defense
FOIA Request
December 15, 2020

FOIA to DOD Seeking Dissent Memos Regarding Conduct of Top Officials Following Esper’s Departure

Department of Defense
FOIA Request
November 23, 2020

FOIA to NASA Seeking Communications of Designated Agency Transition Official

National Aeronautics and Space Administration
FOIA Request
November 23, 2020

FOIA to SBA Seeking Communications of Designated Agency Transition Official

Small Business Administration
FOIA Request
November 23, 2020

FOIA to USAID Seeking Communications of Designated Agency Transition Official

U.S. Agency for International Development
FOIA Request
November 23, 2020

FOIA to VA Seeking Communications of Designated Agency Transition Official

Department of Veterans Affairs
FOIA Request
November 23, 2020

FOIA to USDA Seeking Communications of Designated Agency Transition Official

Department of Agriculture
FOIA Request
November 23, 2020

FOIA to HHS Seeking Communications of Designated Agency Transition Official

Department of Health and Human Services
FOIA Request
November 9, 2020

FOIA to GSA Seeking Communications With White House Concerning Resources for President-Elect Biden’s Transition Team

General Services Administration
Agency Record