Biden transition team not ruling out legal action if Trump admin doesn't cooperate

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President Trump refuses to concede, promises legal action

Trump vows legal fights over election results while Biden plans to lay out coronavirus pandemic plan; Griff Jenkins reports.

The Biden team will consider taking legal action in transitioning from Trump’s administration as long as the president continues to refuse to cooperate after the election.

A transition official told Fox News that several options are on the table to move forward with Biden’s transfer to power with Trump not living up to the law.

The General Services Administration (GSA) has not yet made an ascertainment decision on Biden, withholding the green light to begin his transition. The delay is costing the Biden team access to more than $6 million in federal funding, security clearances and the ability to meet with other officials at intelligence agencies.

Trump has challenged the result of the election amid allegations of voter fraud in swing states.

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The official said not recognizing Biden’s transition team also denies access to the State Department – which facilitates calls between foreign leaders – as well as funds for salaries and classified information.

President-elect Joe Biden speaks at The Queen theater, Monday, Nov. 9, 2020, in Wilmington, Del. (AP Photo/Carolyn Kaster)

Delaying ascertainment can be a major threat to our national security, the official said. Just as in the year 2000, delayed transition to the Bush administration reportedly put the country at greater risk leading up to 9/11.

According to the 9/11 Commission Report, the transfer holdup hindered Bush’s ability to appoint key officials including national security personnel.

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Congressional Democrats are now demanding answers from the GSA, asking why they refuse to acknowledge Biden’s victory. Reps. Bill Pascrell, D-N.J., Gerry Connolly, D-Va., and Dina Titus, D-Nev., wrote to the administration on Monday and requested “immediate explanation.”