He poses it as a hypothetical. Everyone would be able to see with their own eyes, as a matter of empirical and scientific fact, that it was a child. Whatever the original intention was, it ended when the child left the birth canal. At that point, it's infanticide (a homicide) which would meet ALL the legal requirements of habeas corpus. For Obama to try to waffle around that is absurd.
This is the same Barack Obama that in one of the Hillary debates, stated that his “chief regret” in Congress is that he didn’t take a stand to kill the measures they took attempting to (afford Terri Schiavo her 14th Amendment right to Life).
He, like Hitler and Himmler has a specific taste for blood of innocents, it would seem.