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ARTICLE · 05 OCTOBER 2012

Toobin's 'Oath' Fails To Make Its Case

Duane Morris LLP
Duane Morris LLP
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Barack Obama has already been sworn in twice as president.

United StatesGovernment, Public Sector

Barack Obama has already been sworn in twice as president. Some new conspiracy theory? No, but it is part of a true story that opens Jeffrey Toobin's newly published "The Oath."

Prior to the 2008 inaugural ceremony, U.S. Supreme Court Chief Justice John Roberts had decided to administer the presidential oath from memory. His frequent rehearsals had caused Mrs. Roberts to remark that, "At this point the dog thinks it's the president." At the ceremony, Obama prematurely interrupted the expected cadence, throwing off Roberts' timing and causing some minor bumbling before they finished on track.

This kerfuffle led neophyte White House lawyers to recommend that the oath be re-administered to deflect any challenges to the legitimacy of Obama's presidency. Toobin notes that Roberts had not blamed anyone for the mix-up. But he would not read the oath from a script at the redo. Obama supposedly responded, "We're going to do it very slowly." Adding his literary gloss,

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