So what SHOULD Emily Murphy do?

[LAS14]

I'm thinking I really don't want an individual, even the head of the GSA, to decide when an election is over. Obviously the GOP lawsuits are garbage. But do I want Emily Murphy to decide whether or not they are garbage? I think I'd rather wait till 270 electoral votes are certified.

Edit: Several people have said that the language specifies "the apparent" winner. Does anyone have a link to the actual law that applies?

What say y'all?

tia
las

[StarfishSaver]

1. Her job

[Sherman A1]

2. Her job

might be a nice place to start. The results of the election have been pretty clear for a good while now. It is past time for her to start the process of the access and funds being available to the Biden team.

[FarPoint]

3. It definitely is her

JOB....she needs to step up and do it now...

[The Velveteen Ocelot]

4. She is supposed to authorize the transition when there is an *apparent* winner.

She doesn't have to wait for garbage lawsuits to be dismissed; there is an apparent winner and she needs to just do her fucking job.

[LAS14]

23. Please see my edit to the OP. nt

[Walleye]

5. The law says "the apparent victor" She knows damn well who that is.

Every authoritarian needs people like her. I don’t know what their motivation is, power I guess

[LAS14]

21. Please see my edit to the OP.

[marybourg]

6. Resign, if she can't stand up to tRump.

[Laelth]

7. I agree. It's not ideal, but she is on solid ground delaying at this time. n/t

-Laelth

[Proud Liberal Dem]

36. What "solid ground" are you referring to?

It's been 18-19 days now since the election, Biden's margins of votes in multiple states are not remotely close, Trump's lawsuits have almost completely been rejected, there is no viable legal path to victory short of wholesale invalidation or discarding of hundreds of thousands, if not millions of ballots or extralegal actions that we can't even foresee. Neither Trump nor Murphy are on anything remotely resembling "solid ground" in terms of delaying or denying the release of transition funds even with the most generous of legal or grammatical parsing of the laws and processes governing the transition of one Presidential Administration to another.

[Laelth]

40. Her boss says "don't release the transition funds."

The electoral college hasn’t voted yet, so we don’t actually have a President-elect at this time. Until the Electoral college actually votes, I think she’s safe in withholding transition funds.

Is it obnoxious? Yes. Is it unprecedented, yes, but that is only because Trump refuses to concede, and that’s not her fault. The law in question has “ambiguous” language, but I think she is protected from a Mandamus Order until the electoral college votes. After that time, her legal duty will be clear.

-Laelth

[Proud Liberal Dem]

8. Knowledge of the "apparent winner" is all that is required per policy

Joe Biden IS the “apparent winner”. There is literally no doubt about who won other than the insane legal and conspiracy theories being pushed by Trump, which are getting rejected over and over again. Biden got the most votes and won the EC. She needs to do her job starting yesterday

[LAS14]

24. Please see my edit to the OP. nt

[exboyfil]

13. Disclose she was ordered

It is not a matter of national security. Don't fall in your sword for this "man". Can I have that in writing sir.

[ShazzieB]

14. I absolutely agree she's been ordered to stall, and...

I'd give a great deal to know what she's been threatened with. This is absolutely his doing, and I'm sure threats of SOME sort are involved. Probably other kinds of psychological manipulation as well...but threats are definitely part of the picture.

[Atticus]

20. "When an American has been ordered (by their President), what real choice does she have?"

Is this meant to excuse Ms. Murphy's blatant obstruction of the transition?

Is this even a serious question?

Does one not always have the choice to defy a dictator-wannabe?

[SunStar]

34. Not follow an inappropriate order

The whole point of putting the decision in the hands of the GSA head is so the president isn't making the call for obvious reasons.
She should have reported it to Congress/the Inspector General/the media and signed the letter.

She'd have gotten fired, but that's happening anyway in January and the display of integrity/courage would have overshadowed her existing integrity issues, opening better doors for her future.

I don't pretend that it wouldn't be hard for her, but there's really only one legal/ethical/moral/logical choice here.

[Arne]

10. Dear Las,

Did you really just post "I'd rather wait"?

I say,
You should maybe be certified.

[Atticus]

25. Amen. nt

[Yavin4]

11. She needs to be reminded that she works for the U.S. government, not Donald Trump.

He does not pay her salary. The people do. We pay her to do a job not be blindly loyal to Trump.

For a guy who pays almost no taxes, he sure does get a lot of benefits from the U.S. government.

[Siwsan]

12. She needs to wake up to the fact she didn't take an oath to trump*.

She's in direct violation of her oath she did take, and needs to be held accountable.

[tavernier]

15. Her job.

She can adore Mr. Covergirl on her own time. (although I think he buys his pancake make up at the dollar store)

[RainCaster]

16. She must release the funds to the apparent winner

That winner may not prevail, but waiting for final certification takes too long. The potential incoming administration needs all the time it can get to come up to speed on a myriad of complex issues.

[LAS14]

26. Please see my edit to the OP. NT

[exboyfil]

17. Definitely rewrite the law

Put criteria into what makes an apparent winner. Still GSA should not be answerable to just the Executive branch (same applies to the IG).

[we can do it]

18. What every other person who has held her position has done.

Get over her self.
Get the hell out of the way of the transition.

[LAS14]

32. She says she's using Bush v Gore as a guide. nt

[we can do it]

33. Which is bullshit because that was 537 vote difference.

This is not even close in any state.

[world wide wally]

19. Maybe Trump made the GSA sign a NDA

[Walleye]

30. I'm betting she did, Kellyanne Conway said they all did

[NameAlreadyTaken]

22. See Emily Play

[Dem2]

27. Presidents usually concede

I don't know if we've ever had a mentally ill president before who wouldn't concede even though it was obvious he lost.

[lindysalsagal]

28. Drink the bleach.

Her dear leader told her it's safe, and the virus is a hoax.....

[RainCaster]

29. Lawfareblog.com explains the process

This is a good primer with lots of supporting links.

https://www.lawfareblog.com/presidents-daily-brief-and-presidents-elect-primer

[LAS14]

31. Thanks much. I always appreciate this kind of info. nt

[RainCaster]

35. I keep that site in my favorites same with Dorf

Http://dorfonlaw.org
Two very reliable legal sites for political & government issues.

[Dread Pirate Roberts]

37. Work on explaining the 4-year gap in her resume

Cause listing that gig with the Trump Administration isn't getting her any offers.

[Arne]

38. What has this Emily been up to with all the money at her disposal.

[58Sunliner]

39. Poor Emily, between a rock and a hard place. It isn't about what anyone wants-

it's the law. Why is there a straw man here deciding whether or not lawsuits are garbage. She does not have the authority.