Two issues with @GSAEmily deserve attention NOW.
Issue-1: With @Transition46 announcing senior official posts, a key part of Presidential Transition Act comes to head.
Need for expedited background investigations/clearances. THAT is what 9/11 Commission warned about.
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Issue-1: With @Transition46 announcing senior official posts, a key part of Presidential Transition Act comes to head.
Need for expedited background investigations/clearances. THAT is what 9/11 Commission warned about.
<thread>
2. @kateashaw1 and I wrote about 9/11 Commission warnings and Presidential Transition Act provisions here👇
It's grossly unacceptable to delay with very significant risk to national security.
Senators should be asked about this, not just intel briefings
justsecurity.org/73317/the-gsas…
It's grossly unacceptable to delay with very significant risk to national security.
Senators should be asked about this, not just intel briefings
justsecurity.org/73317/the-gsas…
3. Presidential Transition Act:
"The President-elect should submit...the names of candidates for high level national security positions...AS SOON AS POSSIBLE after the date of the general elections"
Biden has done and is doing that.
"The President-elect should submit...the names of candidates for high level national security positions...AS SOON AS POSSIBLE after the date of the general elections"
Biden has done and is doing that.
4. Presidential Transition Act:
"The responsible agency or agencies shall undertake and complete AS EXPEDITIOUSLY AS POSSIBLE the background investigations necessary to provide appropriate security clearances to the individuals who are candidates"
GSA & Trump are blocking that.
"The responsible agency or agencies shall undertake and complete AS EXPEDITIOUSLY AS POSSIBLE the background investigations necessary to provide appropriate security clearances to the individuals who are candidates"
GSA & Trump are blocking that.
5.
Issue-2: #GSA Murphy is violating the law. Her inaction is not within her scope of discretion.
Two hypotheticals help show this...
That's why it was disappointing to see this erroneous gloss in recent Washington Post coverage.👇
Issue-2: #GSA Murphy is violating the law. Her inaction is not within her scope of discretion.
Two hypotheticals help show this...
That's why it was disappointing to see this erroneous gloss in recent Washington Post coverage.👇
6. Imagine it's January 10, Trump has conceded, there's no pending litigation, the Electoral College has voted, and GSA still refuses to ascertain....
Easy to see how that would be a violation of the law, and would be wrong to say "the law gives Murphy full discretion."
Easy to see how that would be a violation of the law, and would be wrong to say "the law gives Murphy full discretion."
7. Or imagine it's Nov. 23, and GSA administrator says she's not ascertaining Biden is winner because doing so would hurt her future job prospects with GOP.
Easy to see how that would be a violation of the law, and would be wrong to say "the law gives Murphy full discretion."
Easy to see how that would be a violation of the law, and would be wrong to say "the law gives Murphy full discretion."
8/8 Finally, @neal_katyal and @jgeltzer explained how Chief Justice Roberts and "the Court reaffirmed a more fundamental principle: The executive branch must have legitimate and nonarbitrary reasons for its actions."
A core feature of administrative law.
theatlantic.com/ideas/archive/…
A core feature of administrative law.
theatlantic.com/ideas/archive/…
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