William Leisner wrote:

Wouldn't the first officer, technically speaking, become captain upon the CO's death, regardless of his capacity to carry out that duty? And thus, wouldn't Picard have technically been the ship's second in command, acting in Leach's stead while he was out of commission?
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If I remember correctly, the captain was killed and the first officer was severely injured and comatose. I believe that officers who did not agree with Picard wanted to wake the XO (who at that point would have been the Captain) (and I guess Picard would have been his XO) and have him overrule Picard.
Mike