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Posts circulating several weeks into the start of President Joe Biden’s administration claim that under the Presidential Transition Enhancement Act of 2019, former President Donald Trump “retains control of the military until 60 days after the inauguration of a new President.”
Fact check: Presidential Transition Enhancement Act does not allow for former president to maintain control of the military until March
Posts circulating several weeks into the start of President Joe Biden’s administration claim that under the Presidential Transition Enhancement Act of 2019, former President Donald Trump “retains control of the military until 60 days after the inauguration of a new President” and that according to the U.S. Constitution, “the full transition of power does not occur until March.” This claim is false.
Signed into law by former President Trump on March 3, 2020, the bipartisan “Presidential Transition Enhancement Act,” which the House of Representatives passed unanimously, “makes changes intended to smooth the transfer of executive power during presidential transitions” by amending the Presidential Transition Act of 1963( here, here).
