"A criminal cannot profit from his own misdeeds." has been a basic holding in all courts.
If I scam 100K, play the ponies or markets and gain 1Million before I get caught on the original 100K, I cannot use the 900K to effect my defense.
Soetoro is a fraud; by allowing him to use the restrictions necessary for a validly seated President allows him profit from his crime. As he is not valid as President, he cannot use the Presidency as a shield against his arrest and trial as a criminal.
"Swearing in" does not make one President. You have to be qualified, win the majority of the electoral vote, take the oath, and wait until noon on January 20th following the elections. If you don't satisfy all of the above, you aren't President.
The Constitution doesn't even require a "swearing in" ceremony, let alone say who shall conduct it. I could take the oath right now, by writing it out on the back of old pin-up calender, and signing it. Would that make me President? I don't think so.
Yes, the occupant of the oval office is entitled to due process, but only a President, or other legitimate office holder, can be impeached.