http://www.timesonline.co.uk/tol/news/world/us_and_americas/article5567187.ece
because, as I mentioned earlier, technically he was not President when he and the Cheaps Justice botched the oath of office. The Constitution is quite clear on this:
ARTICLE II SECTION I
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."