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Even the President, once he is sworn in, is entitled to due process under the procedure for presidential removal (impeachment) in the US Constitution. Use it, or lose it.

"A criminal cannot profit from his own misdeeds." has been a basic holding in all courts.

If I scam 100K, play the ponies or markets and gain 1Million before I get caught on the original 100K, I cannot use the 900K to effect my defense.

Soetoro is a fraud; by allowing him to use the restrictions necessary for a validly seated President allows him profit from his crime. As he is not valid as President, he cannot use the Presidency as a shield against his arrest and trial as a criminal.