What makes a person a “de facto officer”?
If the candidates in the contested elections set up office and start acting like they won does that make them de facto officers?
Getting certified as President by Vice President Cheney and the joint session of Congress, and being sworn in by the Chief Justice.
If the candidates in the contested elections set up office and start acting like they won does that make them de facto officers?
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I think a reasonable argument could be made that Barry has discharged the duties of the office of POTUS with the CLEAR appearance of being an "intruder" and/or "usurper."
"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