That fact is not in dispute..
However, in the real world, the only evidence that exists is payments made by the Obama campaign to the Perkins Coie law firm for unspecified services rendered. This law firm has an office of 70 attorneys in the Chicago area and was involved in the Blagojevich trial.
Of the millions paid to the firm, no one knows if in fact a dime of it went to any “eligibility” cases, since most never required legal response.
But back to the birther-freeper universe...speculation = facts, so yes, it is a fact.