The De facto Officer doctrine applies to any elected official who goes through the proper statutory steps that are required to assume an office.
In the case of a president, that’s gaining a party’s nomination (most of the states’ election laws leave vetting up to the political parties) or collecting enough signatures to be on states’ ballots in the case of an independent; winning a majority of the votes of the Electors; having the Electoral votes certified by Congress and taking the Oath of Office.
At any stage of the process, a candidate’s credentials can be challenged, as Obama’s have been more than 200 times. But none of the challenges has proven successful.
Since no state excluded him from the ballot, Congress sends him bills to sign into law, the Senate confirms his appointments and the Supreme Court has upheld his policy initiatives as constitutional, under the de facto officer doctrine, he is the president.
Impeachment/conviction or resignation are the ways to remove him from office.
“Since no state excluded him from the ballot, Congress sends him bills to sign into law, the Senate confirms his appointments and the Supreme Court has upheld his policy initiatives as constitutional, under the de facto officer doctrine, he is the president.
“Impeachment/conviction or resignation are the ways to remove him from office.”
IMO if Barry is found to have intentionally gained office by fraudulently hiding his actual birth in Kenya he could be removed without impeachment if convicted of criminal fraud for acts prior to becoming president, but at the same time have all of his acts as president remain valid under the de facto officer doctrine.
It would “offend the conscience” of any honest judge or legislator sworn to uphold the constitution for a person to gain the office of president by criminal fraud. Such a person would never have actually been president due to ineligibility according to one legal theory (as yet untested).
Isn’t impeachment reserved for acts committed while president? Criminal fraud committed to allow and ineligible person to become president would seem to be a totally different legal situation.
As a practical matter if Barry was proved to have hidden a Kenyan birth I expect that many in his own party would demand that he resign and threaten to impeach and convict him if he didn’t resign...perhaps for the in-office crime of knowingly remaining in office while ineligible.