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Even if Trump were resolved to thwart a smooth transition, much of the process lies entirely outside his control.
Sometime in early to mid-November, if October polling holds and the infrastructure of our democracy basically functions, Joe Biden is likely to be declared the winner of the 2020 presidential election. At that point, he will have just more than two months to prepare to take over the leadership of a country still in the grips of a once-in-a-century pandemic, with more than 12 million Americans unemployed, tens of millions of children out of school, and COVID-19 deaths barreling toward 300,000.
Transitions can be challenging even under the best circumstances. And President Donald Trump, to say the least, may not be psychologically or temperamentally predisposed to a thoughtful, well-planned transition. Even back when he was the incoming president, his on-ramp to the presidency was extraordinarily haphazard, disorganized, and incomplete. Add in his petulance and expected fury at the outcome, and there is surely reason to fear the havoc the president and his team could wreak on their way to the exits.
Administrative Law | Constitutional Law | Law
Herz, Michael and Shaw, Katherine A., "The Transition Is Already Happening (And It’s Going Fine So Far)" (2020). Online Publications. 53.