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No, I have no sympathy to Emily Murphy, whose craven behavior will likely cost lives and undermine American security. /1 https://www.cnn.com/2020/11/18/politics/biden-transition-trump-delay/index.html
/2 This is the relevant language for Ms. Murphy under the Presidential Transition Act of 1963 — she has discretion to “ascertain” whether Biden is “apparent[ly] successful.” Nobody else has that discretion. She’s making a choice. The choice undermines her country.
![/2 This is the relevant language for Ms. Murphy under the Presidential Transition Act of 1963 — she has discretion to “ascertain” whether Biden is “apparent[ly] successful.” Nobody else has that discretion. She’s making a choice. The choice undermines her country.](https://pbs.twimg.com/media/EnHp9vfUcAAUb8r.jpg "/2 This is the relevant language for Ms. Murphy under the Presidential Transition Act of 1963 — she has discretion to “ascertain” whether Biden is “apparent[ly] successful.” Nobody else has that discretion. She’s making a choice. The choice undermines her country.")
/3 Her sympathizers suggest she is somehow bound to act as she is. It’s a lie. The law gives her the power to make this determination. She hasn’t failed to act; she has affirmatively acted, accepting the mad-emperor-pleasing fiction that Biden was not “apparently successful.”
/4 Maybe an admin law expert could weigh in, but my rough sense is that a lawsuit to force her would be futile because the statutory language gives her broad discretion.
