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The Trump Transition Team continues to refuse to sign the 1963 Transition of Power law (induced by the JFK assassination) and related documents with the White House and GSA. He is simply ignoring the law, just like he did when the government was trying to get him to return stolen classified documents.

The Biden White House has continued to reach out to the Trump team to get them to sign these agreements and are being ignored. Since the documents haven’t been signed, the government is unable to grant security clearances or provide briefings to incoming administration officials, other than Trump.

But that also means that FBI can't conduct background checks on Trump nominees. Trump has taken the unusual step of hiring a private company to conduct the background checks. JD Vance has also already disclosed that Trump is going to fire FBI Director Chris Wray. Typically the results of FBI background checks are provided to Senators prior to confirmation hearing and interviews with nominees to give them as much information as possible about them. Transition agreements also provide office space, IT equipment, office supplies, fleet vehicles, mail management, and payment of compensation and other expenses to incoming members of the Administration. The Trump team will not have any of those things made available to them and will be taking over in the dark and without key personnel unless he convinces the Senate to recess itself.

Article II, Section 2 states:

“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session,” reads the clause."

In 2014 SCOTUS ruled that if a recess—whether inter or intra-session— lasts 10 days or longer, a president can make recess appointments. The person appointed by POTUS would serve in office through the end of the next annual session (2 year maximum).