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!