Emily Murphy: Lawbreaker Or Legal Loophole?

There are two notable people named Emily Murphy:

Emily Murphy, the Canadian women's rights activist and author

Emily Murphy (born Emily Gowan Ferguson) was a Canadian women's rights activist and author. She was the first female magistrate in Canada and the fifth in the British Empire. Murphy is known for her contributions to Canadian feminism, specifically, whether women were persons under Canadian law. She was also one of The Famous Five or The Valiant Five, a group of Canadian women's rights activists. However, her legacy is disputed due to her role in the Sexual Sterilization Act of Alberta and her allegations involving immigrants from other countries.

Emily Murphy, the American attorney and former government official

Emily Webster Murphy is an American attorney and former government official. She served as the administrator of the General Services Administration (GSA) from 2017 to 2021 and came under scrutiny for delaying the 2020 presidential transition to the Biden administration. As a result, the Electoral Count Act was modified to remove the GSA administrator's power to delay access and funds during a transition.

Did Emily Murphy break the law by delaying the 2020 presidential transition?

In 2020, Emily Murphy was the administrator of the General Services Administration (GSA) in the US. The GSA is the federal agency responsible for keeping the government running.

After the 2020 US presidential election, Joe Biden was widely declared the winner on November 7. However, Murphy refused to sign a letter of "ascertainment" confirming Biden as the ""apparent successful candidate". This meant that the transition process to the Biden administration could not begin, and Biden's team was blocked from accessing federal agencies, funding, and resources.

Murphy's refusal to sign the letter was in line with President Donald Trump's refusal to acknowledge Biden's victory. Trump and his supporters questioned the legitimacy of the election and asserted, without evidence, that the vote was tainted by fraud.

Murphy's decision was criticised as interfering with a smooth and peaceful transition of power. It also had real-world consequences, including potentially hindering the federal government's pandemic response and delaying the distribution of a vaccine.

On November 23, after Michigan certified its results, Murphy issued the letter of ascertainment, granting the Biden transition team access to federal funds and resources for an orderly transition.

While Murphy's actions were controversial and had negative consequences, it is unclear if she broke the law. The Presidential Transition Act of 1963 states that only the GSA administrator can ascertain the winner of a presidential election, effectively giving them control over the start of the transition. However, there are no clear guidelines on when the ascertainment should be granted, and Murphy's decision was based on her interpretation of vague agency guidelines and precedents.

Did Emily Murphy's actions constitute interference with a peaceful transition?

In the context of the 2020 US presidential election, Emily Murphy's actions as the administrator of the General Services Administration (GSA) were criticised as interfering with a peaceful transition of power from the outgoing Trump administration to the incoming Biden administration.

In the aftermath of the election, Murphy refused to sign a letter of "ascertainment", which would have allowed Biden's transition team to access federal agencies and transition funds. This delay in starting the transition process was criticised by House Democrats, who argued that it was ""undermining the orderly transfer of power" and "impairing the incoming Administration's ability to respond to the coronavirus pandemic, hampering its ability to address [...] [the] dire economic crisis, and endangering our national security."

Murphy eventually signed the letter on November 23, 2020, after Michigan certified its results, allowing the presidential transition process to officially begin. However, her initial refusal to sign the letter and the resulting delay in the transition process led to modifications to the Electoral Count Act, removing the power of the GSA administrator to delay access and funds during future transitions.

While Murphy's actions did not constitute a violation of any specific law, they were widely seen as an attempt to interfere with a peaceful transition and prompted criticism from various quarters, including lawmakers, health experts, and former government officials.

Did Emily Murphy break the law by refusing to certify Biden's win?

In 2020, Emily Murphy, an American attorney and former government official, came under scrutiny for delaying the transition of power from the Trump administration to the Biden administration. As the administrator of the General Services Administration (GSA), Murphy was responsible for "ascertaining" the existence of an upcoming transition of the presidency, thus allowing the president-elect and their team access to federal agencies and transition funds.

After Joe Biden won the 2020 election, Murphy initially refused to sign the letter of ascertainment, blocking Biden's transition team from accessing federal agencies and funds. This delay was criticised as interfering with a smooth and peaceful transition of power and endangering national security.

Did Murphy break the law?

While Murphy's actions were controversial and had significant consequences, it is unclear if she broke the law. Sources describe her struggle to interpret vague agency guidelines and her attempt to follow precedent by waiting to sign off on the election result. The decision to delay the transition was influenced by President Trump's refusal to concede the election and the lack of clear guidelines in the Electoral Count Act.

As a result of the 2020 transition delay, the Electoral Count Act was modified to remove the power of the GSA administrator to delay access and funds for future transitions. This suggests that while Murphy's actions may have been unethical or immoral, they did not constitute a clear violation of the law as it stood at the time.

Did Emily Murphy break the law by misleading Congress?

In 2018, Emily Murphy, then the administrator of the General Services Administration (GSA), faced questions at a congressional hearing regarding the White House's involvement in a decision to cancel plans to move the Federal Bureau of Investigation (FBI) headquarters outside of Washington, D.C. Murphy stated that former President Donald Trump was not involved in the decision and that the direction was received from the FBI. However, a GSA Inspector General report published in August 2018 revealed that Murphy's testimony was misleading. The report found that Murphy failed to disclose her meetings with Trump on two occasions regarding the project, as well as one meeting with his Chief of Staff, John Kelly.

As a result of the misleading testimony, there were calls for Murphy to resign. However, it is unclear whether Murphy's actions broke the law. The GSA Inspector General charged that her testimony left a misleading impression, but there was no mention of any legal consequences. It is worth noting that misleading Congress is a crime under U.S. law. According to 18 U.S. Code § 1001, it is illegal to make materially false statements or knowingly conceal information in any matter within the jurisdiction of the federal government.

In conclusion, while Emily Murphy's testimony before Congress in 2018 was deemed misleading, it is uncertain if she broke the law. The consequences of her actions were left unclear, and it is unknown if any legal action was taken against her.

Did Emily Murphy break the law by allowing alcohol consumption in her office?

I found information about Emily Webster Murphy (born 1973), an American attorney and former government official who served as the administrator of the General Services Administration (GSA) from 2017 to 2021. In March 2018, an Inspector General's report found that Murphy had a policy of allowing alcohol consumption in her office by employees after working hours on Fridays.

While the report did not explicitly state that Murphy broke the law, it is important to note that as a government official, she was expected to uphold certain standards of conduct and professionalism. Allowing alcohol consumption in the workplace, even after working hours, could be seen as a breach of professional conduct and a potential liability for the government.

Furthermore, Murphy's actions may have violated federal laws or regulations regarding alcohol consumption in government buildings. It is generally prohibited to consume alcohol in federal buildings, and there may be specific regulations in place for the GSA. However, without further information on the specific laws and regulations applicable to Murphy's office, it is challenging to determine if she broke the law.

It is worth noting that Murphy came under scrutiny during her time as GSA administrator for other reasons as well, including her delay in starting the presidential transition to the Biden administration after the 2020 election. This delay led to modifications in the Electoral Count Act to remove the GSA administrator's power to delay access and funds during a presidential transition.

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