Trump’s Ethics Evasion: Why the Presidential Transition Act Matters

Ira Kawaller
3 min readNov 10, 2024

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So what if Trump hasn’t complied with the Presidential Transition Act.

11/10/24

Apparently, there’s something called the Presidential Transition Act, which was passed in 1963. Who knew? In any case, this act requires candidates for the presidency to provide a transition memorandum to the Government Services Administration (GSA), detailing how they expect to manage a variety of aspects of the transition to a new administration. Among the requirements of this legislation is that the candidates must publish their own ethics plan on the GSA’s website, with a deadline of October 1 in the year of a presidential election.

Kamala Harris became the official Democratic nominee on August 1, 2024, and she met this deadline. Meanwhile, although the election has past, Trump has yet to comply. What are we to make of this clear disregard of the law?

I took a look at the Harris-Walz Ethics Plan. It seems pretty boilerplate to me. The first 10 paragraphs relate to the performance and behaviors of members of the transition team, but following those paragraphs it says the following: “Should Vice President Harris become the President-elect, she will avoid both actual and apparent conflicts of interest. She will hold only non-conflicting assets, such as assets exempt from conflict by regulation….” To me, this statement gets to the heart of what we should expect from our elected officials — a commitment to avoid not only the actuality of a conflict of interest but even the appearance of one.

It all became clear to me. Trump doesn’t want to submit an ethics statement because he’s unwilling or unable to make a statement that comes even close to the clarity of the one made by the Harris campaign. Again, what are we to make of this?

It’s obvious that those who voted for Trump don’t know or don’t care about his apparent indifference to the idea of insulating the American public from the prospect of him acting in his own self-interest, as opposed to prioritizing the interests of the American people. But what about the rest of us? What about those people who feel that it’s within their right to expect their president to adhere to the most fundamental ethical norms or, if not that, at least to follow the law?

Some might characterize my harping on this violation of the law as being indicative of my being infected by the Trump Derangement Syndrome — particularly since his ethical lapses are legion and he was re-elected anyway. I don’t see it that way. I see those who wink and nod as Trump violates laws and norms as being infected by the Trump Apologists’ Syndrome.

So how should the Democrats react? Do nothing? Let it pass? Ignore the fact that this law is being violated, and wait for the next violation? (It’s surely coming!) Or is any action the Democrats might take to assure compliance with the law fruitless? I think I just answered my own question. These violations of the law are — or will be — “official acts.” Trump’s immune. He can do any damn thing he wants. Laws don’t apply.

Never mind.

Have feedback? Send me an email at igkawaller@gmail.com.

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Ira Kawaller
Ira Kawaller

Written by Ira Kawaller

Kawaller holds a Ph.D. in economics from Purdue University and has held adjunct professorships at Columbia University and Polytechnic University.

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