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WASHINGTON DC, KOMPAS.com – The United States (USA) has a long history of peaceful transfer of power.
That tradition is likely to continue despite President Donald Trump’s attacks on the legitimacy of the US election result.
This was relayed by a national security expert quoted from Reuters, Monday (09/11/2020).
Therefore, the mechanism for Trump to leave the White House will be answered through the following points as quoted from Reuters.
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Is Trump facing a deadline to leave the White House?
The US presidential elections (pilpres) have not yet officially ended.
The new Electoral College will meet on December 14 to formally cast their votes.
The Congress that was just elected in the US elections will receive the results of the Electoral College on January 6.
If Joe Biden wins the Electoral College election, as projected, he will be sworn in at noon on January 20, 2021.
Now by calculations Associated Press, Biden draws 290 electoral vote (electoral votes), exceeding the 270 electoral votes needed to reach the White House.
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Could Biden’s leadership transition from Trump hamper Trump?
The answer is yes. Trump actually has a lot of power to slow down Biden’s transition.
Through the Presidential Transitional Act (UU) enacted in 1963, public servants (PNS) became an important position for the transfer of power.
They face deadlines to provide data and access to incoming offices.
Under the law, the transition process was supposed to have changed very quickly after a federal agency called the United States Public Service Administration (GSA), which ran the federal building, named the winner of the election.
At that time, teams of future presidents can obtain informational books, use funds, and send representatives to visit government agencies.
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On Sunday (8/11/2020), transition experts sent a letter to GSA Administrator Emily Murphy, urging her to recognize Biden as the winner.
“Although there will be legal disputes that will require adjudication, the result is quite clear that the transition process must begin now,” said a letter from the Presidential Transition Center.
The GSA said in a statement on Saturday (7/11/2020) that it was still confirming the winning candidate based on the process set out in the Constitution.
The political scientist said Reuters who are optimistic about the resilience of this legal framework.
Despite the animosity between Trump and Biden on the campaign trail, the Trump administration earlier this year complied with legal requirements to provide federal office space and government resources for Biden’s campaign.
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Additionally, government officials have committed to upholding the United States Constitution.
The oath requires Biden’s recognition as the next president if he wins the Electoral College, regardless of what Trump says, said Robert Chesney, a professor of national security law at the University of Texas.
“I find it very difficult to believe that the military, the Secret Service, the FBI, or any other part of the relevant bureaucracy would get along with Trump if the Electoral College or the court said otherwise,” Chesney said.
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Can the military expel Trump if he refuses to leave the White House?
Two retired US soldiers raised the possibility that the US military could forcibly remove Trump from the White House.
The possibility came up in an open letter to top US general Mark Milley in August.
“If Donald Trump refuses to leave office after the end of his constitutional term, the US military will have to fire him by force, and that order must be given,” said the letter published in Defense One.
The letter was written by John Nagl, a retired US Army officer, and Paul Yingling, a retired US Army Lieutenant Colonel.
But some have opposed the move, saying it would be best left to the US Secret Service.
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The reason is, citing a basic principle of American law, that military personnel should avoid internal law enforcement problems.
“We have a constitutional process to deal with this, and the military is not in it,” said Kori Schake, director of foreign and defense policy for the American Enterprise Institute.
Chesney added that if Trump really refused to leave the White House, he would be an intruder on January 20.
“The Secret Service will come and escort him,” Chesney said.
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