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As CinC of the armed forces, his number one job is to defend the country from theeats both foreign and domestic. There is no court case necessary.
Trump has declared out loud in no uncertain terms that his intention is to destroy both democracy and representative republicanism in a direct attack on the US Constitution.
Biden's number one job is to apprehend him.
And what happens when one of his Republican boot lickers buddies get into office? They can either undo it and let him go or use similar justification to imprison their political rivals even if it's not as clear cut.
It would be much better for the justice system to handle it. If they don't, then maybe Biden will need to, but as I said, that is an overall loss if he is forced to.
What do you rhink is gonna happen if republican boot lickers are allowed into office right now?