GOP senator sends warning to Biden admin about obligations for potential Trump transition

FIRST ON FOX: Sen. Bill Hagerty, R-Tenn., is firing a warning shot to agencies and departments within the federal government about a potential transition to a future Trump administration – telling the Democratic administration that it needs to follow federal requirements.

Hagerty has written to all federal agencies, in letters obtained by Fox News Digital, warning of applicable provisions in laws regarding appropriations that limit departments’ ability to transfer funds or change programs during the transition period.

“As we move into a presidential transition period, I write today to remind you of your statutory transfer-of-funds authority and change-of-program requirements under the Further Consolidated Appropriations and Extensions Act 2024…which will continue to apply with the same force during the transition,” he wrote.

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Senator Bill Hagerty, a Republican from Tennessee, speaks during a Senate Banking, Housing, and Urban Affairs Committee hearing in Washington, DC, US, on Tuesday, March 7, 2023. (Al Drago/Bloomberg via Getty Images)

“Compliance with these requirements must be a priority for the outgoing administration, given the criminal and administrative consequences of failing to do so,” he said.

He argues that the law limits moving funds, altering programs and prohibits employees from obligating federal dollars – with potential criminal sanctions or firing. 

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“As the Biden administration works to transfer the power and authorities of the President of the United States and the Executive Branch in a timely, transparent, and lawful manner, adherence to these legal obligations is imperative,” he wrote.

The letter comes ahead of what could become a fraught transition period should former President Donald Trump be elected to the White House for a second time. 

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The Trump transition team clashed with the Obama administration in 2016 over assessments that Russia meddled in the election. In 2020, Trump refused to accept the results of the election and was indicted last year on felony charges for working to overturn the results of the election.

President Biden made headlines in August when he said he was not confident about a peaceful transfer of power if Vice President Kamala Harris wins.

“If Trump loses, I’m not confident at all,” he said in an interview.

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Former President Donald Trump rallied in Raleigh, North Carolina, before Vice President Kamala Harris spoke with supporters in Scranton, Pennsylvania, on Monday, Nov. 4, 2024. (REUTERS/Brian Snyder/Kevin Mohatt)

“He means what he says. We don’t take him seriously. He means it,” he said.

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The administration began offering resources to both Trump and Harris in August ahead of a potential transition, which involves the vetting and selection of more than 4,000 appointees and depends of infrastructure built during the period before the election. The Associated Press reported that a federal transition coordination council has been holding regular meetings to prepare to hand over the reins in January 2025.

The Associated Press contributed to this report.