If he is not eligible the Constitution says he can’t be in that office.
The US Constitution doesn’t say that no person shall be eligible unless they’ve been sworn in. Being sworn in has nothing to do with whether a person is eligible for the office. You can argue that the person is a “de facto” president for purposes of stability, but a “de facto” president is not the same thing as a CONSTITUTIONAL president, and that is what officers swear to uphold - the Constitution.
If Obama is not the right age, is not a natural born US citizen, and has not lived in the US long enough, then he is not a Constitutional president - the only kind of president the officers’ oath will allow them to obey.
Interesting reading the back and forth.
I believe you have nailed the essence of the question with your above statement. But the bottom line as I read all the back and forth is that it isn't the job of the military [UCMJ] to make that determination but rather it belongs in the civilian domain [Congress or the Judiciary]. Just my take on the back and forth.
Have a nice evening.
Who is authorized by the Supreme Law of the Land to interpret the Supreme Law of the Land? (Hint: Not LTC Lakin.) So until the political entity who is granted Constitutional authority to interpret the Constitution actually interprets the eligibility clause to which you refer, guess who is the sitting POTUS and CIC?