It is January 21, 2017. President Shmobama holed up in his office yesterday, and refused to leave. He said that he could not in good conscience hand over the nuclear codes to President-elect Dump.
After some unpleasantness involving tear gas, handcuffs and a bit of Tazering, Shmobama was taken into custody and is being held in an undisclosed location. The new Attorney General has decided to ask the smartest, hippest people on the planet for legal advice (hey, it could happen!).
What could Shmobama be charged with?
I assume treason is right out, as he did not level war against the US or render aid or comfort to her enemies. Inciting to riot? Dereliction of duty? Trespassing in the White House? Election fraud?
Great Legal Minds of the SDMB, advise if possible. (Mods, move if necessary).
Your supposition is that one man actually holds some kind of key or card or magic wand. That’s not the case, or anything like it. If Obama (or whichever sock puppet you seem to be referring to) decided to grab a gun and the football and lock himself in the Oval Office, JCOS or whomever would just update the codes, give them to Trump’s follower, and nothing much of use to anyone would have happened.
He’d probably be released without charges, but trespassing, resisting arrest and possibly assault come to mind if the Capitol Police really wanted to throw him in the slammer.
I realize you changed the names just to make it clear that it’s a hypothetical, but next time, please choose hypothetical names that aren’t quite so insulting to their obvious real life references. GQ is not the proper forum for political jabs.
I think there have been times when people thought the outgoing President was a little slow moving out. There was a cartoon showing Coolidge sitting by a pack of crates with someone remarking that he is refusing to move until someone finds a missing sock. That, however, may be a joke on Coolidge’s well known thriftiness.
The higher generals in the Armed Forces would quickly decide which commander-in-cheif pretender they would obey, and do whatever they needed to do to secure the perimeter around thier choice. Countries like Pakistan are old hands at doing it this way.
My sense is the out-going President would be glad to be done with such a thankless job that pays peanuts … one speaking engagement will pay more than he/she earned in an entire year … ka’ching … that’s enough to live on both floors of his/her new mansion out on Long Island or where ever …
But I suppose the Secret Service would have to issue a “termination of contract” … wait 30 days … file an eviction complaint in DC circuit court … wait a couple weeks … get an eviction order … wait a couple of weeks … then have the DC police come in an physically remove the President and his belongings … so at a minimum the former President will have an eviction on his permanent record …
What’s sensitive? Trump calls the DC police, says there is a black man in my office, I want him gone, like so gone. The police open the door and shoot & kill the black man.
Back page story, “Another black man killed my cops.”
Ha! That’s a good point. Getting him out of the Oval Office would be peanuts compared to getting him and his family to leave the residence in the White House, at least if DC eviction law is anything like it is here in California. (I used to live in DC and don’t remember specifics, but I don’t think it’s one of those jurisdictions where the landlord can just dump all the personal belongings on the lawn and change the locks.)
One issue the OP raised was nuclear launch codes. But I don’t think it would be an issue. I’m assuming the incoming President is briefed on nuclear launch procedures by military officers. The codes aren’t handed down from President to President.
On a side note, do you think they change the codes each time? Or do they just trust the outgoing President won’t post them online after leaving office?
You realize he doesn’t actually have the nuclear codes, right?
He gets picked up and physically moved by the Secret Service. His feet never touch the ground till he is dropped off in his own living room. No one sees this happen, no one speaks of it. He is not charged with anything.
[QUOTE=Article I]
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: – “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
[/QUOTE]
Part of that oath is about upholding his Constitutional duty to make way for the new administration. There does not appear to be an expiration date on the oath.