In fact, how could he even be considered "de facto?"
"To satisfy the doctrine, the officer must be in the unobstructed possession of the office and discharging its duties in full view of the public, in such manner and under such circumstances as not to present the appearance of being an intruder or usurper."
http://info.libraries.vermont.gov/SUPCT/160/op92-113.txt
Additional information:
De Facto Officer Law & Legal Definition
"The following is case law defining the term De Facto Officer. “An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised:
First, without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be;
Second, under color of a known and valid appointment or election, but where the officer had failed to conform to some precedent requirement or condition, as to take an oath, give a bond, or the like;
Third, under color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public;
Fourth, under color of an election or appointment by or pursuant to a public unconstitutional law, before the same is adjudged to be such”. [Jersey City v. Dep't of Civil Serv., 57 N.J. Super. 13, 27 (App. Div. 1959)] "
It was known to the public, by many, prior to him actually usurping the office, that he was not eligible as he is not a "natural born Citizen."
In fact, he informed the world (wide web) that he was born with British citizenship, and thus foreign allegiance owed [inheriting his foreign fathers foreign citizenship by birthright].
His ineligibility was known by the public. Problem is, nobody in a position of power to do anything about it at the time gave a damn. They remain terrified of the issue to this day.
“His ineligibility was known by the public.”
While I support the MvH definition of NBC, you and I can agree to disagree on what the public understands to be the truth.
100% of the US congress failed to object to the electoral results TWICE demonstrating to the public the belief by congress that any muddy NBC issues (way beyond the ability of the public to comprehend) had been resolved in favor of Barry.
I don’t think it is correct to claim that the de facto rule wouldn’t apply due to the public seeing Barry “present the appearance of being an intruder or usurper.” The majority of the public sees Barry as completely legitimate.
The public thinks Barry was born in the US and they are told by 99% of the legal establishment and courts that that is all that counts.
Therefore any subsequent finding that Barry was actually born outside the US, (in Kenya, for example) would be a new fact previously unknown to the public and the de facto officer doctrine would apply, IMO.