It would produce a Constitutional crisis. I think Biden would be the first to claim he is in charge and it would probably be up to the Senate to straighten it all out. I am sure the Supreme Court would also be dragged in. The Senate would confirm Biden is in charge, but then the Supreme Court might rule that McCain is President or they could throw it to the Senate. With the Dems in charge, I would expect Biden would end up being president.
I don’t see any valid argument anywhere that would preclude Biden from assuming the presidency.
“I am sure the Supreme Court would also be dragged in. The Senate would confirm Biden is in charge,....”
Exactly. SCOTUS would be involved, thousands of lawyers, the Senate, etc., etc., etc.
Hell BHO will be out of office before it is resolved.
I remember that scene from the Nixon Watergate resignation, with General Alexander Haig huffing and puffing, in a press conference shortly after the announcement of RMN's resignation, "I'm in charge here!"
The US and history didn't treat too kindly Gen. Haig's desperate-sounding, out-of-turn, usurping claim.
HF