What if Trump loses the election but refuses to leave office?
- Thread starter JEDI
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imported_tajmahal
Lifer
- Jul 9, 2009
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Saylick
Diamond Member
- Sep 10, 2012
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If I am not mistaken, according to the Constitution, the President and VP's term ends on January 20th, regardless if there is consensus from voting on who is the next President/VP.
If a President/VP is not confirmed by the end of the prior President's term, then the acting President follows the presidential line of succession, e.g. Speaker of the House,Senate Majority Leader President pro tempore of the Senate, etc.
For example, let's say the election results roll in after November and Trump is not willing to concede if the votes say he lost, so he takes it to court. If the results are tied up after January 20th, he will not be President after January 20th until the results are settled or he concedes. The Secret Service will drag his ass out of the White House on Jan 20th if the acting President tells them to. When Bush ran against Gore in 2000, we could have had this scenario play out but Gore conceded the presidency to Bush before Bill Clinton's term ended. Come January 20th, if the results are still undecided but a new Speaker of the House were confirmed, they would be acting President. If somehow a recount were mandated by the courts after January 20th and the results were in favor of Trump, he would be put in place as President and the acting President would step down.
In other words, I don't think "not conceding" is a Constitutionally protected method of denying the other candidate the Presidency, and neither is "sitting your fat ass in the White House and not budging". I think it has to be taken to court for you to have legal ground.
If a President/VP is not confirmed by the end of the prior President's term, then the acting President follows the presidential line of succession, e.g. Speaker of the House,
For example, let's say the election results roll in after November and Trump is not willing to concede if the votes say he lost, so he takes it to court. If the results are tied up after January 20th, he will not be President after January 20th until the results are settled or he concedes. The Secret Service will drag his ass out of the White House on Jan 20th if the acting President tells them to. When Bush ran against Gore in 2000, we could have had this scenario play out but Gore conceded the presidency to Bush before Bill Clinton's term ended. Come January 20th, if the results are still undecided but a new Speaker of the House were confirmed, they would be acting President. If somehow a recount were mandated by the courts after January 20th and the results were in favor of Trump, he would be put in place as President and the acting President would step down.
In other words, I don't think "not conceding" is a Constitutionally protected method of denying the other candidate the Presidency, and neither is "sitting your fat ass in the White House and not budging". I think it has to be taken to court for you to have legal ground.
Last edited:
Vic
Elite Member
- Jun 12, 2001
- 50,422
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Probably his constant statements to the effect that only way he could lose an election would be because of voter fraud.
HomerJS
Lifer
- Feb 6, 2002
- 38,835
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What has Trump done to maintain standards and follow precedents since taking office? What makes you think he would just leave? Try answering honestly for once.
We found out Trump has the authority to call up national guard troops into DC. What if he calls some stooge Republican Governor and asks for troops to surround the White House?
nickqt
Diamond Member
- Jan 15, 2015
- 8,086
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I mean, y'all realize the election ain't over until January 21st. Electoral College shenanigans are already being planned, and probably have been since January 21st 2016.
Anyone who isn’t concerned about Trump refusing to leave is making a big mistake. Yes, the constitution says that he has to. The constitution also says he can’t run a hotel down the street from the White House from which foreign governments bribe him too though.
In cases like this the law and the constitution don’t matter. The question here is entirely the political will of the nation. He’s going to say the election was fraudulent and rigged and the only thing they will matter is if we as a people let him get away with it.
In cases like this the law and the constitution don’t matter. The question here is entirely the political will of the nation. He’s going to say the election was fraudulent and rigged and the only thing they will matter is if we as a people let him get away with it.
For the record, the electors meet December 14th (the first Monday after the second Wednesday in December). So we don't have to wait quite that long for any Electoral College shenanigans!
Hayabusa Rider
Admin Emeritus & Elite Member
- Jan 26, 2000
- 50,879
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Haven't we done this several times?
Anyway, Trump doesn't have a choice and troops answer to their oaths and not to illegal orders. Trump can pitch a fit but assuming Biden wins then Trump will be escorted off the premises if need be or arrested if he resists.
Trump would no longer be President at noon on 1/20, end of the story. Troops will follow the new CIC, not some crackpot. This is the least of our problems because it isn't one.
Yeah this is where his enablers will try to do some funny business.
But how many times has a state ignored the vote of the people and pledged support behind someone else?
Homerboy
Lifer
- Mar 1, 2000
- 30,890
- 5,001
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Because thus far, all indicators point towards it possibly happening in some form or fashion.
Yes, anyone who doesn't think that Trump refusing to leave is a plausible outcome of his election loss is living in a fantasy world.
ch33zw1z
Lifer
- Nov 4, 2004
- 39,662
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- 146
HomerJS
Lifer
- Feb 6, 2002
- 38,835
- 31,907
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Firing on unarmed citizens peacefully protesting isn't legal either yet it happened. You are way too quick to ignore the Maya Angelou axiom.
I am sure the 2A right activists will make sure we do not have a tyrannical government and remove trump out of office
zinfamous
No Lifer
- Jul 12, 2006
- 111,729
- 31,094
- 146
somewhere, there is a thread to bump from ~2014-2015 where the ATPN conservatives were completely convinced that Obama would refuse to leave office because he was a dictator, and that he was already working on evil plans to dissolve the election process so that he could just sit on the throne for life.
That, despite not a single shred of reasonable evidence or rational thought that Obama was or could ever be that sort of person, with that intent.
Obviously, it's very different with Trump, because he's not only suggested as much, but his buttclingers have professed as much as their desire to see Trump as King of the US for life.
sandorski
No Lifer
- Oct 10, 1999
- 70,697
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Imagine if the other way around, if Hillary was going to lose re-election and refused to leave office. Magically these gun nuts would be marching right now.
sandorski
No Lifer
- Oct 10, 1999
- 70,697
- 6,257
- 126
They marched on Obama for far less reason. Just for wanting to reform Healthcare or being Black, it was rather vague.
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