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It seems unlikely that Donald Trump will grant the US presidential election, but experts have revealed how he would be escorted out of the White House if he refuses to leave.
There is no legal requirement for a president to confirm his loss in order for the transition process to begin.
The Presidential Transition Act of 2000, the Pre-Election Presidential Transition Act of 2010, and the Presidential Transition Enhancement Act of 2019 guide the process for a smooth transition of power, Fox News reports.
Preparations for the transition began long before the elections.
As part of the process, the Trump administration established a Transition Coordinating Council in the White House, a Council of Agency Transition Directors, as well as a Federal Transition Coordinator earlier this year.
Federal agencies were also asked to submit plans to prepare for a change in administration.
According to a May General Services Administration (GSA) report, the organization was in the process of finding and providing office space for Biden’s team to use starting in September if it won.
Before the elections, the White House chief of staff also typically signs a memorandum of understanding with the transition team on how the outgoing administration will work with them to transfer power.
Once the GSA declares a winner, the transition process will begin.
So far, the GSA has yet to recognize Joe Biden and Vice President-elect Kamala Harris as the winners of the election as it waits for ballots to be counted in several swing states and for litigation to develop across the country.
Once this is done, a path will be laid for Trump’s gradual removal from the White House.
ESCORTING TRUMP OUTSIDE CASA BLANCA
Joe Biden’s team has already said in a statement that the American people would decide the elections and that “the United States government is perfectly capable of escorting intruders out of the White House.”
If it got to the point where Trump was still refusing to leave the White House as of noon on Jan. 20, then the Secret Service, usually tasked with protecting the president, would step in, a former US official and two experts told Newsweek.
“The Secret Service would escort him, they would treat him like any old man who has wandered the property,” said a former official involved in the transition process between former President Barack Obama and Trump.
It would also be possible for him to be criminally charged with trespassing on government property, according to ABC.
It doesn’t matter if Trump attends the Inauguration Day ceremony, which is held to mark the move on January 20. Usually the day the outgoing president takes a walk down Pennsylvania Avenue with the incoming president, before watching the new president take office. in.
Former US Navy intelligence and counterterrorism specialist Malcolm Nance told Newsweek the Secret Service could “physically remove him” if it came to that.
“They may have to put their hands on you to get you out. They can tell you that if you don’t make your flight, you may have to book your own flight,” Nance said.
On January 20, Trump would also lose authority over the United States Armed Forces, access to the presidential Air Force One and the bulletproof Cadillac limousine, known as the Beast.
“The transition process is automated. There is no ‘do it yourself’ movement,” said Nance.
“So if he doesn’t have a designated place, they will decide for him. Basically, systematic things will happen whether he is willing to participate or not.”
THERE IS STILL A LOT TO HAPPEN BEFORE
Before Donald Trump can be escorted out of the White House, there are a number of steps that must happen even after the GSA confirms Biden’s victory, including the resolution of all legal cases.
States have until December 8 to resolve any legal disputes, although this could be extended, according to the National Constitution Center.
The next step is for the members of the electoral college to meet on December 14 to cast their vote. They usually do so based on how your state voted in the presidential election. This is not guaranteed, but some states allow votes that are not loyal to the vote to be ignored.
Federal law requires that polling station results be delivered to the vice president, who is serving as president of the Senate, by December 23 of this year.
The winner of the presidential election is declared during a joint session of Congress after the electoral votes are counted on January 6 at 1:00 p.m.
As each state’s results are announced, a member of the House and Senate may jointly oppose the result. Congress is postponed up to one hour to consider the objection and, if it is upheld, votes are excluded from the election results.
Certifying the outcome of the elections on January 6 will be the step that seals Trump’s fate.
“If Biden is projected to win and then formally certified as the winner at the Joint Session of Congress on January 6, he will be officially the next president, whether Trump concedes or not,” said Gilman law professor Rosa Brook. and Georgetown. Newsweek.
“Once Biden is sworn in on inauguration day, power is transferred to him, and the Secret Service will escort former President Trump out of the White House.”
However, the situation becomes complicated if there is a dispute about whether someone is really qualified to take the position.
According to The Atlantic, disputes may run through Opening Day.
While the 20th Amendment makes it clear that the president’s term will end on January 20, it does not establish a process for addressing a dispute over whether a candidate has qualified to take office.
In this circumstance, two men may appear to take the oath.
“We are not prepared for this at all,” Princeton history and public affairs professor Julian Zelizer told The Atlantic.
“We talk about it, some worry and we imagine what it would be like. But few people have real answers to what happens if the machinery of democracy is used to prevent a legitimate resolution of the elections.”
If no president has been elected by January 20, the legal line of succession begins, which means that the Speaker of the House becomes president.
This would see Nancy Pelosi hold office until Biden is declared the winner of the election.
However, Republicans could oppose this and it is unclear what could happen if this were the case.
Former Democratic Senator Donald Betts Jr, who is now a lawyer in Australia, said things will work out without Trump having to be dragged out of the White House.
“Before that happens, I think there will be a leadership team of Republicans who will come up to the president and say, Mr. President, it’s over, Mr. President, pack your bags and have to leave the White House. the office. That can’t be changed, “he said.