Despite Donald Trump’s angry denials over the New York Times’ reporting, his transition efforts are in disarray and chaos. The story we are being told:
— Mr. Trump’s transition team is purging everyone who was associated with New Jersey Governor Chris Christie, who is in hot water over Bridgegate. Mr. Trump promised during his campaign to “drain the swamp,” and Governor Christie’s presence was increasingly being seen as a liability.
— Mr. Trump’s transition team is purging itself of lobbyists, which is one of Governor Mike Pence’s ideas.
But the real problem is that the Trump transition team is either unwilling or unable to sign off on required non-disclosure paperwork which would allow the handoff of classified information that would allow Mr. Trump to discharge his duties as President.
But legal and procedural delays by Mr. Trump’s transition team continued on Wednesday, all but freezing the traditional handoff of critical information from the current administration more than a week after Mr. Trump won the presidential election.
White House aides said Obama administration officials at agencies across the government remained legally barred from delivering the normal guidance and briefings to Mr. Trump’s transition team because essential documents had still not been completed.
But by Wednesday morning, Mr. Trump’s team still had not delivered a series of required, supporting documents, including certifications that each transition member would abide by a code of conduct and would not divulge sensitive information about the inner workings of the government.
If Donald Trump or Mike Pence cannot access the classified information required to govern, then that means that they are unable to discharge the duties of President of the United States. Amendment 25, Article 4:
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Furthermore, if neither Donald Trump and Mike Pence are able to discharge the duties of President due to their inability to access classified information, then the next person in line to succeed would be House Speaker Paul Ryan, under the Presidential Succession Act of 1947. Congress can designate the order of Presidential succession by law. Furthermore, it would not take a Presidential cabinet or Mike Pence to issue that declaration. Congress could set up its own committee to declare that both Donald Trump and Mike Pence are unable to discharge the duties of President of the United States.
And it won’t do any good for Congress to do nothing; without a President, Congress cannot pass legislation and everything will be ground to a halt. In all likelihood, this chaos will resolve itself by next week. But if not, there will be increasing likelihood of Donald Trump and Mike Pence’s inability to discharge their duties triggering a major Constitutional crisis.
