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Saturday, December 5, 2009

Quo Warranto For “Interested Persons”.

Leo Donofrio published

Section 16-3503 of the federal quo warranto statute allows an “interested person” to approach the DC District Court concerning a quo warranto trial (by jury) without requiring the permission of the US Attorney General or the US Attorney for DC.

An “interested person” may sign a “certified complaint” which states facts and those facts must be sworn to under penalty of perjury. Only facts may be sworn to, not allegations. The “interested person” gathers up all facts known to him/her and puts them in the petition, swears to them under oath and hands that in to the Court. Pretty simple, folks.

One fact which could safely be sworn to is that Obama was governed by the British Nationality Act of 1948 and that he was – at birth – a citizen of the United Kingdom and Colonies. These are facts admitted by Obama. These facts have never been laid before the DC District Court. These facts are not in the complaint before Judge Carter. Why not?

16-3503 states:

If the Attorney General or United States attorney refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. When, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of the interested person…

Plaintiffs in Barnett v. Obama allege that they have standing which is unique and special compared to the public at large. Therefore, they should have availed themselves of 16-3503.

But they’ve never even tried.

Plaintiffs have only attempted to avail themselves of 16-3502. All citizens are considered “third persons” under 16-3502, but all citizens don’t have unique standing and therefore 16-3502 requires permission by the Department of Justice to use the name of the US – ex relator – ina quo warranto proceeding.

But if you are an “interested person” under 16-3503 – aka a person with unique standing – then you do not need permission from the Department of Justice for the quo warranto.

The DC District Court examines the certified petition prior to allowing the suit to go forth based upon that petition. If the court is satisfied that the person issuing the petition is an “interested person” then that person is not needed any longer for the trial.

Once the name of the United States is allowed to be used, the “interested person” may step off, and the facts alleged are to be tried independently. For example, facts concerning what makes the President ineligible have nothing to do with the particular plaintiffs in Barnett v. Obama. So there’s no need for them to travel across the country for the trial. The trial is brought against the alleged usurper in the name of the United States.

There’s nothing stopping the plaintiffs from petitioning the DC District Court right now based upon facts known and verifiable as to the President’s British birth.

Why has this option been ignored? 16-3503 provides an excellent chance for review of these facts. There it is. Why not use it? A golden opportunity is being thrown by the way side.

Either the DC District Court will agree that these military persons are “interested persons” or it will not. Either the DC District Court will agree that 2008 Presidential candidate Alan Keyes is an “interested person” or it will not.

If the DC District Court does not agree that these plaintiffs are “interested persons” under the statute, then plaintiffs can make the same arguments they are making now before Judge Carter.

I don’ see any tactical advantage at all in avoiding the DC District Court.

Why give one of your tickets away for free? Why give away your best ticket for free? Why not avail yourself of the very statute created by Congress to review the eligibility of all US national office holders?

Doing so also avoids “political question doctrine” issues because the quo warranto statute is a congressional exercise of Constitutional authority to review the President’s eligibility. Why not kill two birds with one stone? Also, all arguments that a quo warranto action is too late now that he’s been sworn in are just patently bogus.

Quo warranto can only be invoked against somebody holding an office under false title.

Quo warranto only applies to actual usurpation not possible usurpation. It is the legislature’s sole enactment which allows judicial review of the President’s eligibility. And it appears that serious attempts are being made to avoid it. Before going off point and trying to force this issue upon courts which have not been given such authority, an action should have been brought – and still can be – under 16-3503.

Look people, I’m trying to help. Read this over a few times until it sinks in.

Leo C. Donofrio, Citizen Attorney

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