This will be reasonably brief because the issue really isn't that complicated.
There have been a number of well-meaning articles and thoughtful analyses about General Services Administration Administrator Emily Murphy and what a good, well-intentioned and moral person she is and how she is struggling with her difficult decision to not yet give the Biden team access to critical information as the President Elect. This is not a difficult decision. The law, which was written in the 1960s, states that this access shall be given to the “apparent successful candidate.” It doesn't say that the official winner who has been certified by all 50 states. Just that one must be the "apparent successful candidate." And Joe Biden is clearly the "apparent successful candidate." He has "apparently" 306 Electoral votes, and only needs 270 to win. He has almost six million more votes than Trump. Ms. Murphy's job isn't to officially certify the winner, it's to just give necessary access to...say it all together... the "apparent successful candidate." But it's even easier than that. There are actually a number of criteria in the law that can be used to determine the "apparent successful candidate." One of them is having the election called by every network. And the election has been called for Joe Biden by every network -- 12 days ago. This isn't difficult. There is no struggling here. The only thing that even comes within earshot of a "struggle" is that she almost-certainly has been told by Trump not to follow the law and to not do her job, and she doesn't want to get fired. Except that she's going to be out of the job in nine weeks anyway, so the concept of "struggling" doesn't apply. If fact, if she's fired, she'll even be able to apply for unemployment. Of course, though she's clearly been told by the White not to follow the law, this isn't about Trump. If the GOP senators and Representatives stated what even they most certainly know, that Joe Biden is of course the "apparent successful candidate," then she would have personal support in her decision. But they haven't because they enable Trump and are complicit in putting the country at intelligence and health risk. But Emily Murphy doesn't even need their words. The law is very clear. It's an easy decision, even for someone who isn't as decent and moral as we're told she is. By the way, as for all those paeans of praise she's gotten from friends about her decency and morality, it shouldn't be forgotten that earlier she made some controversial decisions about moving the new FBI building across the street from where the Trump hotel is -- and, granting her the kindest of interpretations, mislead investigators in saying she had never met with Trump to discuss the matter, when in fact she had. But morals and decency aside, this is an easy decision, no struggling involved. You either follow the law you swore an oath to the U.S. Constitution to uphold or you put the country's defense and medical safety in danger at the risk you risk getting fired for doing your job nine weeks before you're going to lose your job anyway. For goodness sake, we've even actually gotten to the point where several Republican senators who have yet to say that Joe Biden won the election -- including Lindsey Graham! -- have by now said that Joe Biden should get the critical, for the well-being of the nation, GSA-approved access. Feeling bad for Emily Murphy being caught in a no-win situation between two difficult decisions is not one of the options on the table. It's a one-decision matter, and if she can't follow the law, then she should resign -- nine weeks before she's going to lose the job anyway. And the best news of all! She could even still get unemployment! That's because if you quit a job for a "good cause," a person would qualify. And "I quit because the president of the United States insisted I go against my sworn Constitutional oath, and I'm a moral and decent person and couldn't do that" is about as good a cause as there is.
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AuthorRobert J. Elisberg is a political commentator, screenwriter, novelist, tech writer and also some other things that I just tend to keep forgetting. Feedspot Badge of Honor
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