Hypothethical Situation
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CLARENCE 2015!
clarence
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« on: June 22, 2014, 10:12:58 PM »

Let's say a President does not want to yield power at the end of his or her term. Of course, law would not permit that person to remain in power,but what would the exact mechanism be to remove that person from office? Who would arrest, detain, and prosecute them? What if the Commander-in-Chief ordered the military to defend the White House in order to prevent his arrest?
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Fritz
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« Reply #1 on: June 22, 2014, 10:19:55 PM »

I would think the incoming commander-in-chief's orders to the military would override those of the man who physically occupies the office, no?
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CLARENCE 2015!
clarence
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« Reply #2 on: June 22, 2014, 10:41:22 PM »

Perhaps......I am not sure. I count on you smart people to tell me these things :-)
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SteveRogers
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« Reply #3 on: June 22, 2014, 10:50:05 PM »

Well just physically sitting in the chair in the Oval Office isn't enough to make you president, so unless the country is in some kind of full-blown civil war there's no reason why the military should listen to the old president. The new President would order the military units around the White House to stand down. I believe the Secret Service normally deals with trespassers on White House grounds, so they'd probably be charged with arresting the old president and removing him from the premises.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #4 on: June 22, 2014, 11:14:29 PM »

If the old president starts pulling this stunt before 20 January, the old VP and cabinet could invoke section 4 of the 25th amendment by declaring him temporarily unable to discharge his powers due to insanity.
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dead0man
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« Reply #5 on: June 23, 2014, 10:03:34 PM »

No person smart enough to make it to the White House is going to be dumb enough to just say, "nope, not leaving" without having a plan.  So lets think up a plan, then see how it would play out.

Say the sitting Pres manages to get "his" guys on his Secret Service detail and "his" guys in the Marines around the WH secretly before hand.  AND gets his guys in charge at Norfolk (carrier) and Langley (F22s).  That and some confusion throughout the rest of the military could cause some issues for the country.  Getting all that done before hand without raising any flags seems to be the hardest part....impossible probably.
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