First of all ask yourself what law gives him the choice to hand over. State laws declare a winner. And after 4 years his powers run out.
His powers run out on January 20th 12pm? That means , the military cannot take his orders. Justice department cannot take his orders. If he refuses, the office will vacate him. No government body can legally take his orders.
His lawyers argument is that the white couple were dead by the time he set the car on fire but soot was found in the lady's lungs meaning that she was still breathing.