Patricia A. O'Malley
Social Policy & Programs Consulting
Training and Services for agencies working toward social and economic justice
What if Donald Trump Refuses to Leave Office?
Read this, Bill Maher.
February 16, 2020
Commentator/Comedian Bill Maher constantly whines on his HBO show, Real Time, that Donald Trump will refuse to concede the election and to leave the White House if he loses the 2020 election. He might, but I doubt it. And it doesn’t matter.
IT DOESN’T MATTER
On his show, Maher asks every presidential candidate what s/he will do if Trump refuses to leave.
None of them have the correct answer.
It doesn’t matter if Trump refuses to concede the election to the winner.
There is no law or rule requiring him to do so.
It doesn’t matter if Trump refuses to attend the new president’s inauguration.
There is no law or rule requiring him to do so.
There’s not even a law or rule requiring an inauguration ceremony.
WHAT DOES MATTER
The United States Constitution says this on the subject of new presidents:
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.”
(Article II. Section 1. Clause 8)
and
The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified, and the terms of their successors shall then begin. (20th Amendment. Section 1)
So. Trump’s term will end when the new president takes the oath, and the office, at noon on January 20, 2021, regardless of what Trump says, does, doesn’t do, tweets, or what kind of tantrum he throws.
We only have one president at a time.
At noon, Trump would no longer be president.
If he refuses to leave the White House, he would be trespassing. The Secret Service will escort him, his staff, and his family from the premises, backed up if necessary, by the US Capitol Police and the US Marshalls Service. The army, New York City police, Washington DC police, Department of Justice, and random Rambo militia groups have no role in the matter.
Yes, the Secret Service can evict him.
Title 18 U.S. Code. Section 1752 says:
Whoever—
(1) knowingly enters or remains in any restricted building or grounds
without lawful authority to do so;
(2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engages in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions;
(3) knowingly, and with the intent to impede or disrupt the orderly conduct of Government business or official functions, obstructs or impedes ingress or egress to or from any restricted building or grounds; or [1]
(4) knowingly engages in any act of physical violence against any person or property in any restricted building or grounds; [2] ….
And such person will face arrest, fine, and imprisonment of up to one year.
If any violence, physical force, assault, or injury occurs, imprisonment can be up to ten years.
Donald Trump is a coward.
He won’t do that.
He’ll run away, claiming that he never wanted the job anyway.
We have real stuff to worry about.
This is not it.
For More Information
Read the Constitution
18 US Code §1752
Contact Pat for email notice of all new Community Matters articles.
Patricia A. O'Malley
Social Policy & Programs Consulting ~ Community Matters
P.O. Box 97803 ~ Pittsburgh, PA 15227 ~ 412-310-4886 ~ info@patomalley-consulting.com
Copyright Patricia A. O'Malley ~ All rights reserved
Established 1993