If Trump is Impeached and Convicted should he leave office?
If Trump and Barr and Pence and Pompeo are all Impeached and Convicted should they all step down?
Those are odd questions. If these things occurred they don't have a choice, no more than a convicted felon has a choice of going to prison if sentenced.
I believe the Judicial branch would be carrying out these tasks, so the Executive would have no choice in the matter. The Judicial would stamp their approval on who the next President is, consistent with constitutional law, and all military and civilian oaths would fall to that new President. Refusing to obey the new President would be a violation of that oath.
This is a political process not a judicial one. Only if someone challenges the law will it become an issue in the courts.
Isn't the Judiciary responsible for swearing in the new President? I agree that the Judiciary has no role in the impeachment process, but I thought they had a role in the transfer of power and in the approval of elections.
The oath is a constitutionally required formality for someone already charged with the office. They are president as soon as the law says they are regardless of having sworn the required oath.
However, the oath must be taken before the new president can exercise their powers. A strict formality and one of those hair splits. The office of president follows the law not the oath. The power follows the oath.
Also, the Constitution *does not* require a federal judge or justice to administer the oath. If the new president so chose he/she could have their favorite Starbucks barista administer the oath.
I should think the Supremes wouldn't be necessary since the new president would have the actual constitutional power to have the federal marshals remove the usurper, bodily if necessary, from his Oval Office. And I don't think the Secret Service would object since their charge would now be the protection of the new president.