President Joe Biden’s final weeks in office have been marked by strategic decisions aimed at safeguarding his legacy while complicating the transition to President-elect Donald Trump’s administration. Though Biden publicly pledged cooperation, his actions suggest a different approach, setting up potential hurdles for Trump’s agenda.
One key move involves reordering the succession at federal agencies to ensure Biden-aligned officials remain in charge until Trump’s nominees are confirmed. For example, at the Department of Justice, the U.S. Attorney for Arizona, Gary Restaino, will take the helm after Attorney General Merrick Garland steps down, according to the Daily Mail.
Restaino, a Biden appointee, has faced criticism from Republicans for his perceived leniency on border enforcement, which has been a signature issue for Trump.
Ezra Cohen, a former Trump administration official, criticized the Biden administration’s tactics as “playing dirty during the transition period.”
“When President Trump’s going to be in office, dealing with actual, real problems … now he has to deal with stuff like this,” he told the Daily Mail. “It’s just bad for America.”
He described the moves as an effort to “throw sand in the gears” of Trump’s plans.
The Biden administration alleges that its actions are simply aimed at securing the president’s legacy. However, in an interview with USA Today, Biden expressed confidence in the durability of his policies.
“I think he’s going to have a problem,” he said. “Trump’s going to have a hard time undoing a lot, I think,” when asked about the prospect of Trump overturning his initiatives.
The Biden administration has also accelerated the allocation of funds from key legislative initiatives, including the American Rescue Plan, the Bipartisan Infrastructure Law, the CHIPS and Science Act and the Inflation Reduction Act. With over $4 trillion in funding at stake, Biden’s team has allocated 98 percent of available funds, locking in spending priorities that limit Trump’s discretion over significant federal resources.
Trump called these actions “sneaky,” accusing Biden of undermining the incoming administration.
Biden has further enacted rules designed to outlast his tenure, such as protections for federal workers and restrictions on offshore drilling. Using the 1953 Outer Continental Shelf Lands Act, Biden preserved 625 million acres from future oil and gas leasing—a move that can only be reversed by Congress.
Trump, however, has vowed to reinstate offshore drilling protections.
“We’ll put it back,” he told reporters at Mar-a-Lago, promising to revoke Biden’s order on “day one.”
Other lasting measures include rules capping bank fees and promoting clean energy. These policies would require lengthy legislative or regulatory processes to repeal, further complicating Trump’s efforts to reverse them.
Biden’s judicial appointments are another significant legacy marker. He has confirmed 235 federal judges, narrowly surpassing Trump’s first-term total of 234.
These judges are positioned to influence rulings on critical issues, including labor rights, voting access and environmental protections.
Trump, in response, has prepared at least 100 executive orders to counter Biden’s policies. Yet many of Biden’s initiatives, such as the extension of Temporary Protected Status for immigrants, would require legislative or judicial action to undo.
On the international front, Biden has expedited the allocation of $65 billion in security aid to Ukraine, with $4 billion still earmarked. Trump has expressed skepticism about continuing such support, signaling a potential pivot in U.S. foreign policy.
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