If Trump Refuses to Leave Office
President Trump refuses to say that he will accept the results of the upcoming election and is suggesting that the election should be delayed. Joe Biden has predicted that this could happen. In such a case, what happens next ?
Ben Franklin said it best regarding the Declaration of Independence,,,"We must, indeed, all hang together, or most assuredly we shall all hang separately.".
Regardless of what Trump says about his acceptance of the results of the election, Each state votes using it's own rules and laws. The election is beyond the control of the President or even Congress (for good reason). It is the business of the individual states. If the President has evidence that there will be fradulent voting (in person, by absentee ballot, or by mail) these suits should be pressed now (before the election) in each state (in state courts) where he believes that has sufficient evidence. He says there will be fraud, now is the time to put-up or shut-up
After the election his only legal recourse is to file court actions to nullify or change the election results in individual states between election day and December 14, 2020. The Electoral College electors will vote on that date and if one candidate has a majority of the votes the election process will becomplete, and the President is elected. There could be several Bush v Gore style cases submitted but they have to be ajudicated before December 14 (as was Bush v Gore).
When the new Congress convenes in January it will officially count and accept the results of the election by the Electoral College. Even with Vice-President Pence presiding, a joint-session of Congress is going to do this. It has no legal choice. If Congress refuses to do this, the republic has failed. This will be a coup at this point and the treason begins.. It ain't going to happen. I don't see Congress "hanging together".
On January 20 the new President will be sworn in by the Chief Justice. Can you imagine John Roberts refusing to swear in a President? Hell, even if Neil Gorsuch or Brett Kavanaugh were Chief Justice the swearing in would take place. If Joe Biden is elected he will at that moment become President and Commander in Chief. The Joint-Chiefs of Staff will accept this. The military will accept this. The Secret Service will accept this. The pilots of Air Force One and Marine One will accept this. The mayor of Washington, and the Governors of Maryland and Virginia will accept this, Fox News will accept this.
Trump may not accept this. He may try to hang on in the White House with those few who are willing to "hang together" with him. They will be escorted out of the building using force if necessary. They may need to "hang separately". The new president may have to preside from Air Force One for a few hours but order will be restored quickly There will be no Robert E. Lee coming on the scene to lead any Trump Loyalist Second Amendment militias crazies into battle. They may mill around Lafayette Square for a while but they will noisily go back to their Budweisers.