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Biden transition adviser: Legal action for ascertainment of win 'isn't our preference'

Biden transition adviser: Legal action for ascertainment of win 'isn't our preference'
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President-elect Joe BidenJoe BidenAzar in departure letter says Capitol riot threatens to 'tarnish' administration's accomplishments House Democrats introduce measures to oppose Trump's bomb sale to Saudis On The Money: Retail sales drop in latest sign of weakening economy | Fast-food workers strike for minimum wage | US officials raise concerns over Mexico's handling of energy permits MORE’s senior transition adviser said Sunday that legal action isn’t the “preference” to achieve General Services Administration (GSA) ascertainment of the former vice president's win. 

CNN’s Jake TapperJacob (Jake) Paul TapperTapper battles GOP lawmakers over criticism of Afghan vet's Electoral College vote Kelly says Trump can't admit to making mistakes: 'His manhood is at issue here' 'I saw my life flash before my eyes': An oral history of the Capitol attack MORE asked senior adviser Jen Psaki on "State of the Union" if Biden’s team will take legal action if GSA Administrator Emily Murphy continues to refuse to make the ascertainment after the vote is certified in enough states to officially ensure his election.

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Psaki responded by pointing out “there’s a rising tide of impatience” among Biden, business leaders and lawmakers on both sides of the aisle.

“Legal action isn’t our preference,” she said. “If it was, we would have done it days ago because we've known the clear outcome for two weeks now, and that’s the only trigger for ascertainment.”

The senior transition adviser said the Biden team plans to keep putting “public pressure” on the GSA, especially as the former vice president moves forward with naming planned Cabinet members this week.

“A key part of getting that group of individuals confirmed is FBI background checks,” she said. “FBI background checks cannot happen unless there’s ascertainment. And I expect not just Democrats, but Republicans in the Senate, to be outraged that they won’t have access to that information.”

“It could take weeks for that to happen,” she said. “So that’s another pressure point we’ll see in the coming days.”

Murphy, President TrumpDonald TrumpCIA chief threatened to resign over push to install Trump loyalist as deputy: report Azar in departure letter says Capitol riot threatens to 'tarnish' administration's accomplishments Justice Dept. argues Trump should get immunity from rape accuser's lawsuit MORE’s GSA administrator, has declined to recognize Biden as the president-elect. 

Her ascertainment would permit Biden's aides to have access to government officials and intelligence, as well as funding for salaries and travel. But the Biden team is in limbo, attempting to move forward with transition without that information.

Biden and his team have said over the past two weeks that legal action remains on the table in order to get access to transition materials.