Yes, but since the only possible trial for breaking the oath is impeachment, and the only punishment which can result from impeachment is removal from office, it’s a moot point, and the courts don’t hear cases based on moot points. Usually.
The reason office holders in functional governments don’t do that is because everyone around them is dedicated to upholding the bureaucracy. What’s a bureaucracy? A system of government based on rules, regulations, and, ultimately, laws, where individuals don’t define the operations of the system. The defining feature of a bureaucracy is that individuals can be replaced and the system as a whole marches on. There have been good and bad bureaucracies, but all functional, stable governments over the long term have been bureaucratic in nature. The alternative is relying on the genius and sanity of individuals, which history shows to be dangerous at best.
The reason generalissimos and so on refuse to leave office is because they know, or think they know, that the people around them are willing to disrupt the bureaucracy in order to perpetuate the rule of a given individual. One of the lessons of the previous century is that this rarely, if ever, ends well. Disrupting the bureaucracy means disrupting the basic functions which enable a large organization to operate with a minimum level of competence; if you replace large parts of it with rule by fiat, or rule by whim, you’re betting that individual expertise can exceed organizational knowledge. The whole system lives or dies based on how good one person is at their job. If this means you must listen to Mao’s ideas on agriculture, you’re doomed.
So, to summarize, the simple answer to the OP is that the rest of the people there protect the bureaucracy and, therefore, the Constitutional system of government which defines that bureaucracy.
Practically speaking I believe that the whole move-out is coordinated well in advance, with everything boxed and ready to be moved by a commercial moving company. And I think once the outgoing president leaves the White House for the inauguration, he/she never returns except as a guest.
Yes, these codes are changed on a regular basis … I can’t honestly say how often but daily isn’t out of the question … and I’m not all that sure these launch codes are even kept in the White House … more likely in an underground nuclear bomb proof command center under the Rocky Mountains … and another set at each actual missile silo.
Ex-presidents get a good pension, secret service protection and perhaps some other benefits (Platinum Medicare, probably). I could imagine that these things might be taken away in such a situation. May not be major punishment, but it would be something.
Let’s not bring race relations into this thread either. We have a perfectly valid factual OP here. Let’s stick to that and keep all answers GQ appropriate.
You may be ok with it, but political jabs on either (or both) sides of the fence are prohibited in GQ. I think the OP’s intent was just to make a funny hypothetical, but still, we don’t allow that here.
It was tradition for the outgoing president to greet the incoming president in the White House before the inauguration. Eisenhower refused to enter the White House while Truman was there. I have no idea if the tradition continued after that. In the Truman movie with Gary Sinise it was made to look like Eisenhower was being petty and painted Truman as being completely sympathetic when in reality they both despised each other and had been equally shitty towards each other. Could Ike have been more gracious? Sure, but it’s not like the incident happened out of the blue.
As others have said, assuming the outgoing President doesn’t engage in any violence, I think the only thing he could be charged with is trespassing by overstaying his implicit lease. Evicting a tenant who overstays can be a quite involved process.
Now the OP’s clever disguising of the name fooled me completely, but he did include the year 2017, so he’s obviously talking about the upcoming change in power. I suspect the answer in this case would be, Donald says, “The White House is a dump. I’m going to build a much better Presidential mansion – a huuuuge one, and the Obamas can stay right where they are until Sasha finishes high school.”
Odd historical note in addition to Cleveland, back in the election of 2016 there was a hypothetical possibility that a former president could have returned as the first gentleman, but as it turned out that one didn’t actually take place.
Not only that, but I believe it was that very same election in which yet another former resident was due to return to the White House! How they would’ve decided who sleeps in the President’s Bedroom, I truly don’t know.
18 USC 287: making a false claim against the United States (for any compensation, and I suspect free rent in the White House would even qualify). Subject to five years in prison.
18 USC 371: conspiracy to commit an offense against the US (if the pretender plans with another person). Five years.
18 USC 372: conspiracy to impede a Federal officer (including an officeholder). Up to six years.
18 USC 641: conversion (or embezzlement) of any public record or thing of value. Ten years.
18 USC 713: unauthorized use of gen Great Seal of the United States of the seal of the POTUS. Six months.
18 USC 912: pretending to be an officer of the United States to obtain something of value. Three years.
18 USC 953: unauthorized conduct of foreign relations. Three years.
18 USC 1001: fraud. Six years.
18 USC 1036: trespass. Up to ten years.
18 USC 2383: insurrection against the United States. Ten years.
18 USC 2384: seditious conspiracy to seize any property of the US. Twenty years.
That’s not an exhaustive list, and of course it depends how things actually transpire as to whether a particular law is actually violated. But itsbhes to imagine a scenario where the outgoing president doesn’t violate at least a couple of those.