Saturday, October 31, 2009

Quo warranto is the only proper action to review the eligibility of a sitting President




Leo Donofrio

Congress has not defined “natural born citizen” while they have defined “naturalized citizen” and “citizen by statute”. Since neither the Congress nor the courts have defined “natural born citizen”, we are left without a legal working definition.

Faced with a sitting President who admits to having been a British citizen at birth, the need for a quo warranto to be instituted is of the utmost importance to the future of this nation.

"The DC District Court", has the power, "to issue a writ of quo warranto to President Obama which would require him to prove his eligibility to hold the office of President."

JUDGE CARTER DID NOT HOLD THAT QUO WARRANTO WAS IMPROPER TO CHALLENGE THE ELIGIBILITY OF A SITTING PRESIDENT.

This was the most extraordinary part of today’s ruling. It opens the door wide for a proper eligibility challenge in the DC District Court where the hurdle for standing is different from ordinary federal cases.


QUO WARRANTO

Because a quo warranto is the only proper action to review the eligibility of a sitting President – and because such an action requires a trial of facts - Congress empowered the DC District Court to hold such a trial (by jury if requested by either party) when the eligibility of the President (or any US national office holder) is called into question.

There is no political question doctrine defense available to a sitting President for a quo warranto brought in the DC District Court. This is because Congress properly exercised its Constitutional authority to review a President’s eligibility via the quo warranto statute which also provides for the removal of an ineligible person from that office if necessary.

The US Attorney General and the US attorney have been empowered by Congress to institute a quo warranto on their own volition. Furthermore, any person may request that these officers do the same. If consent is not given by the DOJ, section 3503 of the quo warranto statute allows an “interested person” to petition the DC District Court on its own.

The Department of Justice has created a genuine conflict of interest as to 3502 requests by any “third person” (meaning any citizen). By defending the President in this eligibility litigation involving quo warranto, it isn’t possible for the Department of Justice to remain impartial.

Therefore, either a special prosecutor must be named for purposes of allowing the Congressional intent of the quo warranto statute to be realized, or the DC District Court may waive the requirement and examine any verified petition on its own consent.

The conflict will eventually be tested in the DC District Court.

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Here is Judge Carter’s correct ruling on the quo warranto issue:
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C. Quo Warranto Claims…

The writ of quo warranto must be brought within the District of Columbia because President Obama holds office within that district. The quo warranto provision codified in the District of Columbia Code provides, “A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military.” D.C. Code §§ 16-3501 – 16-3503. Should a person other than the Attorney General of the United States or the United States Attorney wish to bring a quo warranto claim, that person must receive leave of court to do so. Id. at § 16-3502. This leave of court must be granted, according to the text of the statute, by the District Court for the District of Columbia.

Nothing in today’s ruling appears to question the power of the DC District Court to issue a writ of quo warranto to President Obama which would require him to prove his eligibility to hold the office of President. I must commend Judge Carter for his exercise of judicial restraint on this issue. (Leo Donofrio)

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Quo Warranto For “Interested Persons

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.

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…

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.

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.

The trial is brought against the alleged usurper in the name of the United States.

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.

Leo Explains Quo Warranto Radio Interview

quo warranto

"By what warrant do you hold office"?

The DOJ is now in direct conflict of interest by defending him in the Barnett case. But for 16-3503 their permission is not necessary. The statute says the case may be prosecuted by "any attorney".

How Congress Is Sanitizing The Natural Born Issue

Everyone needs to read this report. It's truly one of the best articles ever written on the natural born citizen issue. Leo D.

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What a citizen can do.

Apply to DOJ is first step. if they refuse and you are an "interested person" then according to 16-3503 you may go before the court without their permission to use the name of the US...if the court finds your petition sufficient in law then the writ will issue and the President will stand trial.


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Remember:

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.


What a citizen can do.

Apply to DOJ is first step. if they refuse and you are an "interested person" then according to 16-3503 you may go before the court without their permission to use the name of the US...if the court finds your petition sufficient in law then the writ will issue and the President will stand trial.

(Lets All Petition The DOJ as "third persons" under 16-3502 and get permission of the DOJ to use the name of the US in a quo warranto proceeding!)

NOTE HOW TO EXPOSE THE FRAUD OBAMA IN DC COURT!

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.

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…

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.

Don't get confused. Unless your an intersted person under 16-3503 you need permission to go before the court.

Everybody:

Petition The DOJ as "third persons" under 16-3502 and get permission of the DOJ to use the name of the US in a quo warranto proceeding!

Tuesday, October 27, 2009

WE FIGURED HIM OUT! - AKA Obama - By Ben Stein

WE FIGURED HIM OUT! - AKA Obama - By Ben Stein

Why is President Barack Obama in such a hurry to get his socialized medicine bill passed?

Because he and his cunning circle realize some basic truths:

The American people in their unimaginable kindness and trust voted for a pig in a poke in 2008.

They wanted so much to believe Barack Obama was somehow better and different from other ultra-leftists that they simply took him on faith.

They ignored his anti-white writings in his books.

They ignored his quiet acceptance of hysterical anti-American diatribes by his minister, Jeremiah Wright.

They ignored his refusal to explain years at a time of his life as a student.

They ignored his ultra-left record as a "community organizer," Illinois state legislator, and Senator.

The American people ignored his total zero of an academic record as a student and teacher, his complete lack of scholarship when he was being touted as a scholar.

Now, the American people are starting to wake up to the truth. Barack Obama is a super likeable super leftist, not a fan of this country, way, way too cozy with the terrorist leaders in the Middle East, way beyond naïveté, all the way into active destruction of our interests and our allies and our future. The American people have already awakened to the truth that the stimulus bill -- a great idea in theory -- was really an immense bribe to Democrat interest groups, and in no way an effort to help all Americans.

Now, Americans are waking up to the truth that ObamaCare basically means that every time you are sick or injured, you will have a clerk from the Department of Motor Vehicles telling your doctor what he can and cannot do.

The American people already know that Mr. Obama's plan to lower health costs while expanding coverage and bureaucracy is a myth, a promise of something that never was and never will be -- a bureaucracy lowering costs in a free society. Either the costs go up or the free society goes away.

These are perilous times. Mrs. Hillary Clinton, our Secretary of State, has given Iran the go-ahead to have nuclear weapons, an unqualified betrayal of the nation. Now, we face a devastating loss of freedom at home in health care. It will be joined by controls on our lives to "protect us" from global warming, itself largely a fraud if believed to be caused by man.

Mr. Obama knows Americans are getting wise and will stop him if he delays at all in taking away our freedoms. There is his urgency and our opportunity. Once freedom is lost, America is lost. Wake up, beloved America.

Ben Stein is a writer, actor, economist, and lawyer living in Beverly Hills and Malibu. He writes "Ben Stein's Diary" for every issue of The American Spectator.

Sunday, October 25, 2009

How Obama managed to become the president of the Harvard Law Review Without Publishing Anything Of His Own





How Obama had managed to become the president of the Harvard Law Review Without Publishing Anything Of His Own.

Digital access to scholarship at Harvard

Enter obama's name and you will find nothing. search for any article or any proof of scholarship of obama and you will find ZERO results


Harvard Law Review articles

In 1990, Obama beat out 18 other contenders to become the first black president of the Harvard Law Review, where he spent at least 50 hours a week editing submissions from judges, scholars and authors.

According to Politico, there were "eight dense volumes produced during his time in charge there – 2,083 pages in all."

According to Politico, Obama's name does not appear on any legal scholarships during his time at Harvard.

Why Didn't Obama Publish anything in the law journal he edited?

Change in Selection System of The Harvard Law Review in the 1980's.

Mr. Obama was elected after a meeting of the review’s 80 editors that convened Sunday and lasted until early this morning, a participant said.

Until the 1970’s the editors were picked on the basis of grades, and the president of the Law Review was the student with the highest academic rank. Among these were Elliot L. Richardson, the former Attorney General, and Irwin Griswold, a dean of the Harvard Law School and Solicitor General under Presidents Lyndon B. Johnson and Richard M. Nixon.

That system came under attack in the 1970’s and was replaced by a program in which about half the editors are chosen for their grades and the other half are chosen by fellow students after a special writing competition. The new system, disputed when it began, was meant to help insure that minority students became editors of The Law Review.
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Obama was a "minority student" He was chosen by fellow students through a "special writing competition".

No , "special writing competition" by the "minority student" obama has been published or released by Harvard that would explain or justify how obama was chosen by fellow students for his "writing skills".

This is how obama was chosen to be the president and editor in chief of the Harvard law review. Though writing skills competition. Yet obama DID NOT PUBLISH ANYTHING OF HIS OWN!

Let me review. Obama has NO RECORD of ANY WRITING SKILLS or PUBLISHED ANY WORK of HIS OWN WHLE AT HARVARD!

OBAMA HAS PUBLISHED NOTHING AT HARVARD YET HE WAS THE PRESIDENT OF THE HARVARD LAW REVIEW AND WORKED AS AN "EDITOR IN CHIEF" 50 HOURS A WEEK?

Obama was chosen because of affirmative action and because he was a "minority student". Obama was not chosen because of any published writing skill. No published work equals ZERO proof obama is a "skilled writer". There is no EVIDENCE obama ever did ANYTHING to qualify for the position of president of the Harvard Law Review except though AFFIRMATIVE ACTION for his minority.

Obama seems to have had affirmative action help but there is NO evidence he EVER QUALIFIED for any help through his WRITING SKILLS! Obama ONLY qualifed because he was a MINORITY!

This is why there is no record of any published works from obama while he was the "president" of the Harvard law review.

AGAIN I HAVE PROVED OBAMA IS A TOTAL FRAUD AND IMPOSTER!

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I believe obama has used his"affirmative action plan" to move through the shadows of his hidden "education". In other words I believe obama has used the system to ingratiate himself into the affirmative action system to promote himself. THIS IS WHY HE WILL NOT RELEASE ANY TRANSCRIPTS,THESIS STATEMENTS,OR RECORDS OF ANY KIND from the various schools he says he attended. I believe obama is a low grade empty suit. Obama has proven he is not a scholar by not publishing or releasing ANY records of his college education. He has in effect revealed he is an imposter.

REFERENCES:

Obama's belatedly acknowledged case comment in the Harvard Law Review raises questions about his campaign's fundamental honesty

Obama: Where have all his records gone?
Footprints of president's own history either vanish or remain covered up


Obama: Where have all his records gone?

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NOBODY REMEMBERS OBAMA AT COLUMBIA UNIVERSITY


Looking for evidence of Obama's past, Fox News contacted 400 Columbia University students from the period when Obama claims to have been there, but none remembered him.

Wayne Allyn Root was, like Obama, a political science major at Columbia who also graduated in 1983. In 2008, Root says of Obama, "I don't know a single person at Columbia that knew him, and they all know me.

I don't have a classmate who ever knew Barack Obama at Columbia. Ever! Nobody recalls him. I'm not exaggerating, I'm not kidding." Root adds that he was also, like Obama, "Class of '83 political science, pre-law" and says, "You don't get more exact or closer than that. Never met him in my life, don't know anyone who ever met him.

At the class reunion, our 20th reunion five years ago, who was asked to be the speaker of the class? Me.

No one ever heard of Barack! And five years ago, nobody even knew who he was. The guy who writes the class notes, who's kind of the, as we say in New York, the macha who knows everybody, has yet to find a person, a human who ever met him. Is that not strange?

It's very strange." Obama's photograph does not appear in the school's yearbook and Obama consistently declines requests to talk about his years at Columbia, provide school records, or provide the name of any former classmates or friends while at Columbia.

Wayne Allyn Root

NOTE: Root graduated as Valedictorian from his high school, Thornton-Donovan School, then graduated from Columbia University in 1983 as a Political Science major (in the same class as President Barack Obama WAS SUPPOSED TO HAVE BEEN IN)

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Various copied comments about Obama
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It’s a little odd that he had no friends or anyone else who remembered him. So true. It’s human nature for people who knew a famous person before they were famous to come out of the woodwork. Kind of like a lottery winner all of the sudden having thousands of friends they never knew about. You would think there would be a lot of hanger oners who want to be the one who knew Barry when.

Who is paying the attorneys to keep his past hidden? If he is such an amazing person, why is his past hidden? What are ALL of his records sealed? Why is his team attacking the “birthers”? Other presidents have historical markers at their birthplaces. Where is ozeros?

Look for “famous” graduates of Columbia. The only mention of obama I have found so far is on Wikipedia.

It's hard to imagine a man like Obama didn't Network somewhere on campus.

He didn't belong to any Fraternities? He didn't join any student organizations? No photos?

Zero?

I'm just wondering exactly what program he was doing in his one year there, such as a dedicated study with his mentors in Third World Marxism, union thuggery, and how to bring down this country by using its own laws against it.

Yeah you would think that Columbia would be crowing like hell that one of their alums is now occupying the White House. And then he makes a commencement speech at notre dame instead of his alma matter. Wonder why?

It is possible he did the minimium to graduate and spent the rest of the time with the likes of Bill Ayres and/or radical Isamists.

It's quite amazing. Nobody remembers him. They don't remember him sitting in class.

“It’s very strange.” Obama’s photograph does not appear in the school’s yearbook and Obama consistently declines requests to talk about his years at Columbia, provide school records, or provide the name of any former classmates or friends while at Columbia.”

Doesn’t pass the BO smell test. There couldn’t have been more than a handful blacks at Columbia at that time. Nobody knows him.


Don't you find it just a little curious that Obummer went from total obscurity and completely under the radar at Columbia to top of the heap at #1 rated Harvard Law School where he served as President of the Harvard Law Review?

(A possibility?)
My guess is that he nevrer actually went to “Columbia University,” but rather, he went to “Columbia College.” Columbia Colege is technically part of Columbia University, but is geared to students who do not fit the traditional mold. Many of them are older or come from impoverished or challenged backgrounds, and may not meet the standards that one would normally associate with the Ivy League.

A comment:

(“this clown has been “running a game” on the system all his life...various SS#’s, aliases, no medical records, no college transcripts, no birth certificate...”

Nobody scrubs their life history clean for no reason. Obama is dirtier than dirt itself.)

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Kenneth W. Mack, a Harvard Law School professor who was in Obama's class.

Kenneth Mack an obama classmate at Harvard?

Mack On Jim Crow South
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Classmates recall obama?

Sometimes he sounded like he was already running for public office, giving studied, measured responses in interviews with The Harvard Law Record. Asked in 1991 if he could do one thing differently in his last year at the Review, Obama said, "I don't know that it was possible to do it any other way than I did it, but I would have liked to have had the luxury of being more strategic about my tenure."

This is interesting. Obama gave "studied, measured responses in INTERVIEWS with the Harvard Law Record." So where are any evidence of these published interviews? NONE!!!!!!!!!!!

Harvard Law Record Newspaper

Search for Obama Interviews here. You will find NONE. ZERO!

My Email:

Are reprints available for articles in 1991.

How many times was the Harvard Law Record Newspaper published in 1991?

Are copies available?

Thank You

Ps do you have a copy of "Asked in 1991 if he could do one thing differently in his last year at the Review, Obama said, "I don't know that it was possible to do it any other way than I did it, but I would have liked to have had the luxury of being more strategic about my tenure" or any other quotes by the former president of your law review in 1991?

Let me try to analyze what obama said. What one thing would you do Mr Obama differently in your last year at the Harvard Review?

Obama said: I don't know that it was possible to do it any other way than I did it.

In this statement he is saying EXACTLY NOTHING.

Obama said: But I would have liked to have had the luxury of being more strategic about my tenure.

In this statement obama is saying EXACTLY NOTHING ALSO.

The question was "what one thing would you do differently in your last year at the Harvard review?"

He seems to have said he would do "it" the same way. I guess it depends on what IT means!

Disinformation that is useless as obama.