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Old 12th January 2021, 10:03 AM   #404
Penultimate Amazing
Join Date: Jan 2002
Location: Canada, eh?
Posts: 17,122
Originally Posted by RecoveringYuppy View Post
The Secret Service in protecting a former President (or anyone else) acts "Under the direction of the Secretary of Homeland Security" (18 USC 3056(a)). If there is any question, they do what the Secretary of Homeland Security says. And, if it was even questioned, the Secretary will order the Secret Service to allow a lawful arrest.
And who decides when their isn't one of those. There isn't one "now", right? "now" in quotes because I don't know the details of when his resignation is effective.
I think there's always one. Even if the current secretary resigns, some underling becomes "acting" (or at least ends up with their current authority.)

Of course, it is pretty irrelevant... even if things are fast-tracked, Trump wouldn't be charged until after he is out of office, giving more than enough time for Biden to get a new Sec. of Homeland Security approved.
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