Let me say first that I realize Obama wouldn’t do such a thing in a million years. He fully believes in the American system.
With that out of the way let us imagine the scenario of the title. Obama broadcasts to the nation, "I believe I’m far more popular than Trump. I also believe he’s unfit to be President and that I would be doing a disservice to my nation if I allowed this mockery to proceed. I urge all of my fellow-citizens to stand behind me."What woud happen? Would he simply be removed by the Secret Service from the premises? Or would he be arrested by the police? Would he be charged with treason, or something lesser? And who would try him, a federal court or Congress?
And BTW has any President in US history come close to doing such a thing?
Well, first we’d have to issue a “30-day notice of termination - no cause” … after the 30 days after time of service (plus 72 hours if notified by mail, 24 hours if served personally) … then we can file an eviction complain with the local municipal court … first appearance is in two weeks where President Obama will have to state his defense to the eviction action … two weeks later the matter will go to trial … the agent for the filer (that’s us) then presents his case as to why he filed the eviction complain … the President will then present his defense to the eviction action … and then the agent of the filer (that’s us) is given their opportunity to rebut the President’s defense …
If the agent for the filer (that’s us) prevails … then they will notify the local law enforcement agency and have them provide civil service of the “Notice of Restitution” … two weeks later if the President is still living in the residence in question … the the agent of the filer (that’s us) will petition and receive a “Notice of Execution” (that’s to execute the court order, not kill the man) … at this time the local law enforcement will come to the residence in question and, with all necessary force, remove the President from the residence in question …
The situation has not gotten anywhere near the crisis point at which there would be any defectors at all from their sworn duty to uphold the law, and men with guns would very quickly escort him from the premises. He would be afforded the same due process as anyone else. He would be treated like any other person unlawfully occupying a premise, although they would probably handle him more courteously than to tase him.
Is that lawful in the District of Columbia? … I’ve never heard of the Secret Service having to enforce court orders … evictions happen everyday there and I’m sure the Washington Police Department is tasked with that duty …
This bit is different to the last thread. That part is almost certainly treason. The outgoing president is urging a civil uprising to stage a takeover of government, in defiance of the constitution.
Otherwise, in some alternative reality, the incoming president could simply say, “Look, I appreciate how much you like living in the house, and well, I’m insanely wealthy, and really am not looking forward to living in such reduced circumstances. So I’m happy to let you stay on in the White House. We’ll move the executive offices to one of my huge towers, govern from there, and we will both be happier. Deal?”
The US Secret Service Uniformed Division is responsible for security and enforcement of federal statutes on the White House manor and grounds as well as the US Naval Observatory, where the Vice President is in residence, the Treasury Building, and a few other facilities as well as providing domestic security and liaison for visiting foreign dignitaries.
Regardless of whether the President refuses to physically leave the White House, he or she will no longer have executive authority when the new President (Elect) is sworn in, and the then new President may direct the Secret Service to remove the now former President. I cannot think of a circumstance in which the acting President could not direct the Secret Service to remove any individual from the White House Complex except for delivering an impeachment order or some similar obligation of the office.
I’m sure [DEL]Goldfinger[/DEL]Trump would prefer that arrangement, but the White House has evolved to be far more than a residence. It is not only the functioning office for the President and a significant portion of his immediate staff but it also has facilities for secure communications and control necessary for responding to national and international crises, as well as being one of the most secure publically-accessible locations on the planet. Trump residing in his Fifth Avenue penthouse, on the other hand, provides virtually none of those facilities and would pose an unacceptable security risk to all of midtown Manhattan. Trump even suggesting he should reside elsewhere besides the White House is gross evidence of his ignorance of the position and the responsibilities that go along with it, not to mention the continued conflicts of interest between his presidential duties and business interests.
If it gets to the point of needing a court order, then the outgoing president has already been overly indulged. The Uniformed Division of the Secret Service has jurisdiction over the White House and they’ll remove the former president like any trespasser. I don’t buy the notion of there needing to be a formal eviction process but even then, the outgoing president will have received 2.5 months’ notice already that his position and official residency is coming to an end.
Calling for support of American citizens doesn’t strike me as treasonous, though. Seditious, arguably.
Residency in the White House is a sine qua non condition of holding the Presidency (or being the spouse or minor child of the President). The former President doesn’t pay rent or hold a lease, and has no claim to legal protection from removal any more than you could protest being removed from your office after you’ve been terminated for cause.
You’re citation doesn’t mention judicial authority in civil matters … just physical security of the grounds … I’m not suggesting the President will start shooting up the White House … just that he refuses to move out …
Remember, this is a residence … The President is entitled to “due process of law” … and that includes a hearing before a municipal judge …
I’m sorry … the people designated to protect the President aren’t going to turn around and assault him in his own home … at least not with a court order … here’s a summary of DC law … apparently the “30-day - no cause” isn’t allowed:
… and it’s the US Marshall’s Office who conducts evictions rather than DC Police …
The point remains … you cannot trespass in your own home …
He’s not the president any more at that point, and since the White House is the official residence of the president, it’s not his home any more, either.
You’re right that the Secret Service does extend protection to former presidents and that fact is likely to ensure he gets ejected as gently as possible, but ejected he will be.
At noon on January 20, 2017, Barack Obama will cease to be the President. That will happen even if he refuses to accept it. If he attempted to hang on to Presidential power, he would find that virtually nobody would follow his orders.
At that point, he would be a guest in the White House. If he was asked to leave and refused to do so, he would be a trespasser. I suppose if it came down to it, he would be arrested for trespassing and forcibly removed from the premises. It’s a jurisdictional issue but I believe the White House Police Force (which is a branch of the Secret Service) would handle the arrest if needed.
Obama would not be charged with treason because his actions would not fall under that charge. He would not have levied war against the United States or adhered to an enemy of the United States.
The President doesn’t pay rent or hold lease on the White House, much less claim ownership of it; he or she and family reside there as a condition of the position. There is no “judicial authority” required for the Secret Service to eject a trespasser, even a former occupant.
This has the workings of a great 80s sitcom premise. President refuses to move out, new first family moves in while eviction process moves through the courts. New Vice President plays the wacky neighbor. The wives argue over decorating choices. Throw in a couple smart-mouthed kids and a wise-cracking butler. By the end of the first season, both families realize this new arrangement isn’t too shabby and they decide to keep everything the way it is.
Possible names for the show:
“The Nuclear Family”
“Squater of the United States” (TV Guide abbreviation: “SQUOTUS”)
As a resident of D.C., I laugh at the notion that D.C. laws apply to Federal property. DC can’t even require local taxes to be collected in Federal buildings, nor collect property taxes on Federal buildings. (As with many similar situations around the country, the Feds do make “payments in lieu of taxes” to local authorities to maintain peace.)
The idea that local D.C. housing laws apply to the White House is patently absurd in itself, to say nothing that such laws are a reasonable basis to justify an usurper of constitutional powers.
