But he did take the oath of office, so just like the non-citizen Military he would be within the scope.
Did he? I seem to recall a bit of controversy surrounding Obamas oath of office.
Now that you mention it - he took it, and then re-took it in the WH privately. I’ll look it up. Snips of articles. Now I remember, it was tossed around that Roberts may have made a mistake as he was nervous, knowing that 0vomit was fraudulent and not a citizen. Many in DC knew.
https://www.theguardian.com/world/2009/jan/23/barack-obama-oath-inauguration
Out of “an abundance of caution”, Barack Obama has taken the oath of office a second time because a word was out of sequence when he was sworn in on Tuesday.
The surprise move came after Tuesday’s much-noticed stumble, when the US supreme court chief justice, John Roberts, jumbled the words, prompting Obama to follow suit.
According to the US Constitution, the president must solemnly swear “that I will faithfully execute the office of president of the United States”. But on Tuesday, Obama said: “I will execute the office of president of the United States faithfully.”
The White House counsel, Greg Craig, said the repeat was motivated by “an abundance of caution,” and the White House insisted Obama has been president since midday on inauguration day ignoring those who suggested that because the ceremony ran late, the country may technically have been without a president for a few minutes.
Unlike the bungled oath which was delivered on the Capitol Hill platform before the watching world yesterday’s repeat performance took place in the White House map room in front of a small group of reporters.
On Tuesday, Obama was sworn in with his palm on the same velvet-covered Bible used by Lincoln in 1861, but he had no bible with him at the re-run.
http://www.nbcnews.com/id/28780417/ns/politics-white_house/t/obama-retakes-oath-office-after-flub/
WASHINGTON After the flub heard around the world, President Barack Obama has taken the oath of office. Again. Chief Justice John Roberts delivered the oath to Obama on Wednesday night at the White House a rare do-over.
The surprise moment came in response to Tuesday’s much-noticed stumble, when Roberts got the words of the oath a little off, which prompted Obama to do so, too.
Don’t worry, the White House says: Obama has still been president since noon on Inauguration Day.
Nevertheless, Obama and Roberts went through the drill again out of what White House counsel Greg Craig called “an abundance of caution.”
A quieter setting
This time, the scene was the White House Map Room in front of a small group of reporters, not the Capitol platform before the whole watching world.
“We decided that because it was so much fun ...,” Obama joked to reporters who followed press secretary Robert Gibbs into the room. No TV camera crews or news photographers were allowed in.