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Three Things: About Emily W. Murphy, GSA Administrator

By now most of you know that the General Services Administration (GSA) still hasn’t signed the the ascertainment determination letter which allows President-elect Biden’s transition team to begin its work within the government to effect an orderly change over to the new administration from the outgoing Trump administration.

The lack of such a letter authorizing access to government resources by the transition team obstructs government funding for transition team salaries, allocation of offices, background checks and other vetting of cabinet level and other nominees.

In 2000 the dispute over Florida’s votes and electors caused the GSA to sign the ascertainment determination later than previous transitions; the delay has been blamed as a factor leading up to the 9/11 attack.

Lack of a signed ascertainment determination now may also prevent the new administration from beginning work immediately on further development and implementation of plans to stem COVID. This may cost Americans’ health and lives.

There’s no good excuse for Murphy not to have signed this letter already since Biden had passed the necessary 270 votes as of November 7.

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It’s important to keep Murphy’s education and work history in mind with regard to her failure to sign the the ascertainment determination.

Murphy worked for three different chairs of the United States House Committee on Small Business; she also worked in the Small Business Administration, and as Chief Acquisition Officer for the GSA. She’s been around long enough to understand how transitions between administrations work.

Murphy can’t blame the status of the last states’ or lawsuits against states like Michigan, Nevada, and Pennsylvania for her decision to delay the letter. She’s an attorney with a J.D. from University of Virginia School of Law; she can certainly read and understand the cases filed contesting the votes. All were evidence-free or fact-free, or just plain frivolous even to non-attorneys.

She’s fully aware that Trump didn’t have a leg to stand on with regard to the +20 suits filed.

She’s also capable of understanding that the 2000 election cannot be used as an excuse for delaying the transition because the distribution of electoral votes was entirely different then — Florida was a must-win for both candidates. The 2020 election did not pan out that way at all.

Murphy’s refusal to sign the the ascertainment determination must be seen as a deliberate act.

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Murphy has had an ongoing problem with the lease of the U.S. Postal Office building to Trump Hotels. While she inherited this problem from the previous administrator who bailed out of the role on Inauguration Day 2017 while leaving the issue open, Murphy has failed to resolve the obvious conflict of interest from the time she was appointed in September 2017 until now.

Again, Murphy is an attorney. She should know better.

Worse, Murphy may have misled — pick a euphemism here — the House about this situation while testifying under oath.

Adding insult to injury, Murphy refused to answer questions about the FBI’s headquarters relocation and Trump’s possible involvement. She didn’t claim executive privilege — this might be the lone point during her GSA tenure where she actually applied her law degree — but she flat out said she would “decline to discuss conversations that I may or may not have had with the president or his advisers.

You may also have read Marcy’s post about Mike Flynn’s “wiped” phone; how odd that just two particular individuals who were subjects of an investigation had their GSA-issued phones wiped while the investigation was ongoing.

Again, Murphy’s an attorney. She should understand readily what 18 U.S. Code § 1505 Obstruction of proceedings before departments, agencies, and committees means; she’s perfectly capable of looking up 18 U.S. Code § 1519 Destruction, alteration, or falsification of records in Federal investigations and bankruptcy.

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The potential for loss of American lives to COVID which might be preventable if the Biden administration can move quickly places an emphasis on speed. Failing to act in a reasonable amount of time could be fatal to Americans who are denied assistance from their federal government because a government functionary refused to do the right thing.

It’s enough to make one wonder if Murphy is a contender for charges of Honest Services fraud (18 U.S. Code § 1346 Definition of “scheme or artifice to defraud”). You may recall that Barb McQuade wrote about the possibility that Trump could be charged with Honest Services fraud with regard to his denial of funding for military aid already committed in the 2019 budget. In Murphy’s case she is denying American citizens the right to timely response from the incoming presidency, at a possible cost of American lives.

If the Biden-Harris administration delivers on a truly independent Department of Justice, Murphy should be worried.

Especially since she’s an attorney who should know better.

Hope she’s applied her J.D. to covering her butt when it comes to some no-bid contracts funded under the CARES Act related to COVID, though we have to ask ourselves if Murphy’s obstructive behavior is intended not only to hurt the Biden-Harris transition, damage the public, and buy Trump more time to undermine American’s faith in democracy, but protect Murphy’s own ass.

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There have been increasing complaints over the last week about Murphy’s intransigence and calls for her cooperation and compliance with the transition, including an ask by Joe Biden to sign the ascertainment determination letter because the transition is stymied in its effort to work on COVID to save lives.

Murphy, though, is having her imaged buffed though one would imagine this will be about as successful as shining a turd since she’s continuing to neglect her oath to uphold and defend the Constitution, not kiss Trump’s pasty ass.

Nobody cares how you feel, Murphy, when their family members are suffering and dying for lack of federal aid which could be provided promptly by a more effective Biden-Harris administration.

The House has finally decided it needs to hear from Murphy about the holdup:

This follows her silence in response to a letter dated November 9 from House Dems asking why she was styming the transition. I sure hope they ask how someone who graduated from law school and worked as an attorney hasn’t been able to work out from the last 45 transitions how the GSA should already have worked to ensure a peaceful transition of power.

Especially since Murphy has already been putting out feelers for a new job. How odd she hasn’t yet been fired for this when Director of the Presidential Personnel Office Johnny McEntee has been terminating any federal employee who “who show disloyalty by job hunting.”

Citizens for Responsibility and Ethics in Washington (CREW) has begun an investigation into Murphy’s footdragging:

Pretty sure they’re not going to like what they find because they’ve already been getting the runaround:

… For the last six months, the GSA and other government agencies have shown a total lack of transparency when it came to following a mandated timeline on presidential transition materials. In June amidst the raging coronavirus pandemic, the agencies failed to include any mention of how the transition would account for the ongoing pandemic, which CREW launched an investigation into. CREW also previously requested presidential transition documents from six agencies, and sued for them after receiving a woefully inadequate response. …

The longer she waits, the worse it’s going to get for her. Murphy’s best bet is to sign the ascertainment determination, unplug from all telecommunications and social media, take an immediate leave of absence for mental health, and go job hunting.

Afraid? Who, Us? We’re Not Afraid!

h/t Flazingo Photos
[Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0) ]

Politico has an interesting piece up about whether Trump administration staffers, especially at the senior level, will face any difficulties in life after January 20, 2021. Will they have trouble getting a new job? Will they be treated like Alan Dershowitz in the Hamptons at Martha’s Vineyard, and find themselves off the best invitation lists for the Villager’s Dinner Parties?

On the one hand, these Trump folks make a good point: the fact that more than 70 million people voted for Trump indicates that this was not a top-to-bottom repudiation of Trump and everything he stood for. The fact that so many of the folks eyeing the 2024 GOP presidential nomination are embracing Trump and his quixotic challenges to the election result suggests that these staffers won’t have a shortage of people looking to hire someone who has Been Inside The White House, even if it’s Trump’s White House.

But there’s one thing that suggests they are still worried. There’s one thing that suggests that they are looking over their shoulders. There’s one thing that suggests that they are not as comfortable as their brave words declare them to be.

Here’s a hint:

“. . . said a White House official . . .”

“. . . some current and former Trump officials . . .”

“. . . One top official at the White House . . .”

“. . . Many top Trump advisers now say . . .”

“. . . said one of the president’s closest advisers.”

“. . . Interviews with numerous current and former Trump officials reveal . . .

” . . . Most Trump officials feel . . .”

“. . . as one Trump official called them . . .”

“. . . said an administration official. . . .”

“. . . said a senior administration official . . .”

” . . . said a Trump adviser . . .”

” . . . said a Senate GOP aide . . .”

” . . . said a former senior administration official . . .”

To Politico’s credit, they did manage to quote one person by name in this story:  Alexandria Ocasio-Cortez.

But back to those Trump staffers. For folks who are quite sure they will land on their feet, they are mighty nervous about putting their name next to their words. Maybe it’s because of this:

“None of the Trump officials interviewed for this story seriously believed that Trump would prevail in the election, and it was taken as a given that they would all soon be looking for work outside the administration.”

These unnamed Trump officials may not fear repudiation by the DC social circles for having been complicit in locking children in cages and taking them away from their parents, never to be reunited. They may not fear for their next job, despite enabling the feeble and fatal Trump administration response to the coronavirus pandemic. They may not fear poverty, because they’ve got their book deal lined up already.

But their unanimous unwillingness to allow their names to be used says they are afraid of something. Or should I say “someone”?

It’s Donald John Trump, and he’s not going away.

*That* is what worries these people. It’s one thing to say “Look at the Dubya folks – they did just fine as their Iraq War stuff and market crash faded into history.” But as long as Trump doesn’t fade away, neither will their enabling of his policies. And deep down, they know that Trump is not going to quietly ride off into the sunset. Ever.

Be afraid, Unnamed Senior Administration Officials. Be very afraid.

[The post has been edited to correct the object of Alan Dershewitz’s unrequited feelings. While it is possible the residents of the Hamptons may have just as much disdain for Mr. Dershewitz as the residents of Martha’s Vineyard, that is not a matter of public record. We regret the error of not giving the residents of Martha’s Vineyard their due.]