Here are the US Supreme Court precedent rulings:
“The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient.” Norton v. Shelby County, 118 U.S. 425, 440 (1886).
“The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office.” 63A Am. Jur. 2d, Public Officers and Employees § 578, pp. 1080-1081 (1984).”
The new president (Biden) could simply pardon the outgoing president and then it would just be a simple case of presidential succession via the 25th Amendment.
The new president (Biden) could simply pardon the outgoing president and then it would just be a simple case of presidential succession via the 25th Amendment.
You may need to get a real lawyer to explain the difference to you but those cases are procedural deficiency cases, not eligibility cases. Miscounted votes; voters in the wrong place etc. wouldn't viatiate the outcome once established by whatever political procedure is in effect to validate it.
Zero's problem is eligibility to hold the office. Same as if he was only 20 years old when elected--not eligible to hold the office. Assuming he is not a natural born citizen, nor for that matter a citizen at all, he isn't eligibile and isn't President--that simple.
Pardon by Biden? To do what? Wouldn't affect validity of his actions in office--to the extent acts were invalid they remain invalid unless implemented by acts of a real President. For example, Biden could renominate Sotomayor or Kegan; try to get them confirmed again. Anything is possible.
There are criminal acts involved by a number of people--maybe even including Biden. Would Biden pardon the perps? Maybe but probably not.
Wouldn't surprise you if at more than one point in this dance, Biden was looking at his own hole card.