I'm talking about Biden.
Biden is (or will be) a legitimately elected Constitutional officer of the United States and has every right to occupy the Vice Presidency (or to serve as acting President) as of January 20, 2009.
I thought that too, until I got to thinking about the fraud involved in an ineligible candidate on the ballot, especially at the head of the ticket. People did not really vote for Biden VP electors, they voted for electors for the ineligible BO. Thus, even Biden's election was fraudulent, and should not be left to standing. OTOH, he'd just be VP, an office not worth a bucket of warm p*$$, according to one of it's occupants, unless the President wishes it to be otherwise. I could live with Biden as VP in a McCain administration. Sarah can then come out in 2012 and kick his a$$, if some other Dim hasn't already done so in the primary, which seems highly likely.