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The US Supreme Court approvingly cited the following summary of the "de facto officer" doctrine (Norton v Shelby County 118 US 425 (1888)):

"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 are exercised:

...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." (emphasis added)

I suppose your argument must be that the public "knows" he is ineligible.

But that is not true. We don't know if he is eligible or not. He has been hiding the evidence.

Is he ineligible because one of his parents was not a citizen, making him not a "natural born citizen" as a matter of law? WE DON'T KNOW. The Supreme Court has never directly ruled on what "natural born citizen" means for purposes of the eligibility clause. If I had to bet on how today's Supreme Court with four liberals and a squishy moderate would rule, I wouldn't bet on it going our way.

Is he ineligible because he was born outside the United States to a US citizen who was not old enough at the time under the statute such that Obama would have qualified as a citizen? WE DON'T KNOW. It appears from what numerous experts have said that what he has offered as a long-form birth certificate is phony. But where exactly was he born, was it inside or outside the United States? Who knows? I don't, and I have been following the questions swirling around his birth more closely than 99.99% of the American public.

Is he ineligible because he was adopted by an Indonesian national as a child gaining dual-citizen status, and then affirmed that as an adult for example by obtaining an Indonesian passport, thus losing his US citizenship and eligibility for president? WE DON'T KNOW. He has refused to release any relevant records and the mainstream media refuse to investigate the matter.

So no, the public doesn't "know" he is ineligible, even today.