But apparently you don't talk to enough lawyers. (And if that's the case, good for you.
) This was a prime topic of conversation yesterday, going back and forth between "what was the CJ thinking, trying to do the oath from memory?" to "the CJ should
really be embarrassed" to "what's the legal effect of flubbing the oath?"
As to the last question, others are right: Per Amendment XX, GWB's term ended at noon on Tuesday and, at the same moment, Obama became president. The question would have to do with his legal ability to exercise his authority as president until taking the oath, with many constitutional scholars coming down on the side of "he's president, but until he takes the oath, he can't do anything presidential." (Article II, § 1(8) says, "Before he enter on the execution of his office, he shall take the following oath . . . .") The question then became whether the flubbed oath counted. I saw disagreement on that, but most were taking the "better safe than sorry" approach.
BTW, this isn't the first time this has happened. Calvin Coolidge and Chester A. Arthur both re-took the oath. Both of those times, the sitting president had died (or been killed) while in office, and there was a question as to whether the first oath had been administered by someone qualified to do so.
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