You guys are both wrong. Constitutionally, Trump is no longer president at noon on the 20th. It doesn't matter where he is, if someone else is sworn in, or if they were duly elected.

If Biden were not sworn in, either there would be no President (and Congress would have to select one), or Nancy Pelosi would be president. If Biden WERE sworn in, he would legally be commander in chief, and any military that follow Trump would be breaking the law. So it's much smoother if they don't allow him to be sworn in.

As for being legitimate or not, the only thing that mattered was the Congressional certification. If we're going by civilian law, that's it. It was over on the 6th. The 20th is a trophy ceremony. (although the 20th is the only date in the Constitution, so Congress could change their mind before then)

However all of this is moot if Trump, the military, and Q team do what we think they'll do. They're going to show that Congress acted illegitimately, and they'll make it legitimate again. There may be trappings of Constitutionality, because Trump wants to restore the republic and law, but we're crossing the Rubicon here. This is a War, hopefully without bloodshed. Whoever is technically the legal president won't matter. Trump may be acting the role, or it may be military commanders.

You guys are both wrong. Constitutionally, Trump is no longer president at noon on the 20th. It doesn't matter where he is, if someone else is sworn in, or if they were duly elected.

If Biden were not sworn in, either there would be no President (and Congress would have to select one), or Nancy Pelosi would be president. If Biden WERE sworn in, he would legally be commander in chief, and any military that follow Trump would be breaking the law. So it's much smoother if they don't allow him to be sworn in.

As for being legitimate or not, the only thing that mattered was the Congressional certification. If we're going by civilian law, that's it. It was over on the 6th. The 20th is a trophy ceremony.

However all of this is moot if Trump, the military, and Q team do what we think they'll do. They're going to show that Congress acted illegitimately, and they'll make it legitimate again. There may be trappings of Constitutionality, because Trump wants to restore the republic and law, but we're crossing the Rubicon here. This is a War, hopefully without bloodshed. Whoever is technically the legal president won't matter. Trump may be acting the role, or it may be military commanders.