Speaking of Donofrio, Mario posted this yesterday and mentions Donofrio and the DC issue. Haven't had time to read it yet. I'm gonna have to make some time to look up what the legal words all mean like quo warranto, statutory provisions, blah, blah.
"Leo Donofrio, Esq. wants the “right” plaintiff to bring a quo warranto action against putative President Obama under 16 D.C.Code Secs. 3501-3503 in the Federal District Court for the District of Columbia. He in effect maintains that quo warranto is an exclusive remedy available to remove Obama from office. He maintains that Obama may be removed from office only through a quo warranto action and that the DC District Court is the only court in the United States where such an action may be brought. I recently wrote an article about this issue..."
"Since Mr. Donofrio is proposing a quo warranto action, he must be planning a direct attack against Obama. Mr. Donofrio fails to recognize the many problems that exist with the quo warranto procedure that he advocates. Under the common law, only the United States can bring a quo warranto action. Wallace v. Anderson, 18 U.S. 5 Wheat. 291, 292 (1820). Congress can, however, pass a statute allowing a private person to bring such an action. Johnson v. Manhattan Railway Co., 289 U.S. 479 (1933). Hence, it would appear that the DC District Code would solve the problem for a private person wanting to bring such an action against Obama. But the DC District Code presents a cumbersome procedure that has to be followed and which renders the very statute inapplicable to a quo warranto action against a sitting putative President such as Obama."
http://puzo1.blogspot.com/2009/11/quo-warranto-and-kerchner-v-obama-and.html
Quo warranto "by what warrant" In olden times, a person had to prove they had authority to do something, in writing. Thrones changed a lot, people claimed things under the old king, so the new king would demand to see the papers. You would be asking Obama to PROVE he is eligible. Not the other way around.
Yep, Donofrio believes 3501-3503 is the only way. Cause that's what Congress said.
Mario is suggesting an indirect attack is better. And, the DC Courts will put up roadblocks. And, besides it's all illegal anyways.
I guess one way of looking at it might be, Mario is right, the Constitution gives the Public rights. And, anyone should be able to go to any federal court and file a complaint, since the President effects everyone. And, Donofrio might also be right, the Constitution gives the Public this right, and Congress has just defined a common place where the Public may file the complaint. The public still has the same right. I could see this going either way.
I guess Mario would have to prove that the DC courts are too burdensome or biased, then he could do what he wants. Or, prove the statute Unconstitutional. Any Judge he sees from now on, will just throw it out, until he gets the statute thrown out. Actually, I liked Mario's second opinion, tie quo warranto with a complaint that does have jurisdiction. I'm not sure his first idea about the statute being unconstitutional will hold water.
Imagine how long BO's lawyers could keep this tangled up in court, couple lifetimes, is my guess. One thing is obvious, Mario needs to do his thing, and Donofrio needs to poop and get off the pot. Talking about each other is directing energy in the wrong direction.
I sure hope people are ready to go to the streets and demand to see the Birth Certificates of the next people running for President.
