To repeat the question he raises at the end of that argument. Why would a de facto officer who is not de jure be immune from the operation of that doctrine just because he is de facto and not de jure in the Oval Office rather than in a lesser office? What wouild exempt the defendant Soetoro a/k/a Obama from the law in that regard?
See the FR thread at this link for a discussion of that brief which includes a discussion on the de facto officer doctrine as set out by the Supreme Court.
While Hemenway is totally justified in being steamed by Robertson's taking judicial notice of blogging and twittering in affirming a presumption of Obama's eligibility, Robertson's dismissal effectively defeated discovery of Obama's eligibility and trial on the merits until after the inauguration including any determination that Obama is not de jure POTUS.
Hollister's claims that he is entitled via interpleader to challenge the authority of the CIC is "innovative" and I haven't seen any persons claiming to be lawyers who think it had a chance of succeeding even it it reached trial.
Thus until a quo warranto hearing decides otherwise, Obama is both de facto and de jure POTUS. Hemenway can't expect the court to act as though Obama was only de facto POTUS based on allegations never admitted into evidence at a trial.