The Natural Born Citizen Blog Is Now Restricted
There exists a statute enacted by Congress wherein it exercised Constitutional authority to challenge the credentials of, and/or remove, a sitting President found to be a usurper by failing to possess Article 2 Section 1 qualifications for holding the office of President of the United States. The Statute exists in the District of Columbia Code, the same Code which includes the United States Constitution.
District of Columbia Code Section 16-3501 states:
§ 16-3501. Persons against whom issued; civil action.
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. The proceedings shall be deemed a civil action.
This is the only statute in the entire body of United States federal law which specifically provides for removing all officers of the United States located in the District of Columbia, whether appointed or elected. In Article 1 Section 8 Clause 17, Congress was given broad sweeping authority over every possible legal case involving offices of the Government of the United States located in the District of Columbia. The office of President of the United States is in the District of Columbia and is certainly governed by the United States Constitution. Article 1 Section 8 Clause 17 states:
“The Congress shall have Power To… exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States…”
Due to a little thing called “SEPARATION OF POWERS”, Congress is the only branch which has the authority to remove a sitting President. For a comprehensive review of this issue, please see my prior series of posts entitled, Quo Warranto Legal Brief: part 1, part 2, and part 3.
Since Barack Obama received the requisite number of electoral votes and has been sworn in as President, his eligibility for that office can only be challenged by Congress. Congress, via the DC Code quo warranto statute, has exercised that authority to challenge the sitting President’s eligibility by authorizing exactly one specific court – the District Court for the District of Columbia – with the power of carrying out the ministerial task of holding a trial of fact concerning questions as to the President’s eligibility to hold the office of President.
Section 16-3544 of the DC Code provides for a jury trial as to all issues of fact on this issue of Presidential eligibility. The provisions of 16-3502 also provide the only means available under the law where an action to challenge President Obama’s qualifications can be instituted without the acquiescence of any Judge or Justice. Every prior attempt to have this issue litigated has been squashed by a plethora of justices on grounds of personal standing, subject matter jurisdiction, or, as to SCOTUS, unknown reasons. So the DC Code should be the center of attention for all concerned about POTUS eligibility questions.
While there are many law suits pending in a multiplicity of jurisdictions around the United States, not one of those law suits has availed itself of the District of Columbia Code’s quo warranto statute, the only statute which specifically provides for a trial as to the issue of whether the President of the United States is eligible to the office of President.
Because all of these law suits are a distraction from the exclusive Constitutional means available to any new or pending litigant on this issue, I am restricting this blog’s content and all discussion therein to issues concerning the DC Code quo warranto statute and to issues concerning Constitutional qualifications for President.
I am doing this to keep the light shining on what I feel – as an attorney – is the very truth of the law. I have worked hard to gain people’s faith in my legal analysis, and I’ve tried to keep the discussion of this blog pure and free from spin and sensation so as to educate my readers as to the cold hard facts of the law and to its limitations which we must abide by if we are to preserve our Constitution.
Moreover, I have never taken any donations for this effort and I never will.
From now on, I will not allow comments to be posted which mention the names of, or which identify in any way with, law suits and/or attorneys, who refuse to acknowledge the applicable authority of the DC Code quo warranto statute. I wish the other attorneys no ill will. I just don’t have faith in their tactics.
March 15, 2009 at 5:37 AM
My final comment on Orly Taitz.
I admire her fighting spirit. I spent hours on the phone talking to her days before she filed her Lightfoot case with the California Supreme Court. I pointed out the specific California Code which the original Keyes case failed to utilize – California Elections Code Section 8148 – a statute which placed a duty on the California Secretary of State similar to NJSA 19:13-22, the statute which I based my preceding New Jersey State court case on.
http://law.onecle.com/california/elections/8148.html
I told Orly how to adopt my strategy how to “fuse” the California and Federal Oath of Office the Secretary Of State had to take with the ballot protection duty mandated to her under Section 8148.
I also told her that the Keyes case could have proceeded simultaneously as a separate action against just the California SOS directly to the California Supreme Court since that court has “original juridiction” for cases involving writs of mandamus. See http://www.courtinfo.ca.gov/courts/supreme/about.htm
I found the following California case and forwarded it to her as an example.
http://www.supremelaw.org/cc/boxer/petition.htm
And I found another case in California and forwarded it to her as well.
I felt she was sincere and I tried to help her as best I could.
I explained to her in detail the theory of my case regarding the issue that Obama was not a natural born citizen because of his father’s British citizenship and I discussed the possibility with her that she could file another suit outside of the Keyes case. I told her to take a case straight to the California Supreme Court and that’s exactly what she did. Orly gave interviews where she discussed the originality of my NJ case theory and she was smart enough to see that the legal issue of Obama’s British birth was important and that it should have been part of the Keyes case before Obama was sworn in.
And she did something about it. And I give her alot of credit for listening, learning and trying to be a good American. I really do.
But when she issued the original consent form for the military plaintiffs, I wrote to her with my concerns. It was frightening to me. I was afraid she might get herself in trouble the way it was written or that a soldier might get a court martial for signing it. She eventually changed the consent form. But it’s still problematic. The consent form could be much less inflammatory and simply say, “I consent to be a plaintiff in a suit to respectfully request Barak Obama prove his eligibility to be President”. I don’t think the military should be involved at all in the eligibility issue, but if they are going to go forward, I believe the attorneys ought to be protecting them as much as possible from UCMJ violations and other federal laws pertaining to sedition and insubordination.
The current consent form she is using is unduly dangerous and goes far beyond any consent she needs to sue in their name.
Then when I saw that she republished the false and very dangerous headline from WND (reposted at Drudgereport) stating that one of her clients had “defied a Presidential order”… I was shocked, totally shocked, and I no longer could have anything to do with her. I lost faith completely. No attorney should have allowed such a statement to go public. We’re seeing the fall out from that on the front page of The Globe this week with a picture of Officer Easterling and the headline “MUTINY”.
I was afraid that out of the millions of people who saw that headline, many of them would be active military, and all would be wondering how Officer Easterling got away with defying a Presidential Order (when he actually did no such thing)… and that vibe of defiance could spread to any number of others. This is dangerous stuff.
Orly lost my faith the moment she republished that false headline. I hope she keeps herself and her active military plaintiffs out of legal harm, but that faith cannot be replaced.
Her accounts of meeting Scalia and Roberts are so puzzling. Roberts might have figured the best way to deal with her presence in a classy way was to do exactly as he did.
Scalia is known to be a bit of a wildcat. I don’t understand how he could “not remember her case and my case, Cort’s case” etc, yet he tells her she only needs four votes, “Get four”, and “I’ll hear the case”, but he don’t remember any of these cases. How does that add up? I don’t know. How does he “know” he will hear her case if he doesn’t have a recollection of these cases?
It’s all rather freaking me out. I have no frame of reference for any of it and I can’t imagine what’s going to be played out. I think we can all agree it’s bizarre.
But if Scalia was making a joke, I don’t think it’s funny. If he wasn’t making a joke, and he’s now offering his conference vote up in public before being briefed and without discussion from the other Justices, then I’m even more freaked out. Seriously. That’s just weird. We’re not supposed to get “weird” from SCOTUS Justices.
Regardless, SCOTUS doesn’t have original jurisdiction for a quo warranto unless it’s in aid of appellate jurisdiction. So a quo warranto can’t start with SCOTUS. It would be unconstitutional. I’m preparing a blog post on this issue.
The only case she could possibly get before them – without going through the DC District Court via the DC Code quo warranto statute – is the Lightfoot case should SCOTUS reconsider it. But even if they did, the separation of powers in our Constitution would not allow SCOTUS to act on Lightfoot v. Bowen now that Obams has been sworn in since the judicial branch doesn’t have the authority to remove a sitting President unless so authorized by Congress. Congress didn’t authorize SCOTUS to remove a sitting President, they authorized the District Court for the District of Columbia with the power to hear original cases for writs of quo warranto concerning United States public offices in the District of Columbia. SCOTUS would only have appellate jurisdiction to review such a case, but SCOTUS doesn’t have original jurisdiction to the Presidential eligibilty issue. (More on this in a pending blog post.)
That’s my final word on all of this. I’ll probably make reference to any legitimate court activity that takes place as to any of the cases pending, but other than that, I won’t be allowing discussion of Orly’s case or Orly’s episodes of adventure on this blog or in comments, and the same goes for ALL of the other attorneys acting on the issue for all of the reasons set forth in the text of this blog.
Leo C. Donofrio
March 15, 2009 at 7:06 AM
We all hold what we believe in to be the truth, but in using the same phrase “what we believe in”, we do not all mean the same thing. The truth is simple. It is nothing more than a collection of verifiable and indisputable facts. It is cold and lacking in passion. It is rigid and unyielding. It is uncaring of anything but itself. What we believe in, is what drives great passions from within us, but it can be based on truths and it can be based on falsehoods. It can be the force that creates great nations and unfortunately by the same power, the one that would destroy them. Law, is the issue of truth. It is what we bind ourselves with in our belief as to what is true. Justice, is the instrument of truth. It is what we rely on to uphold and enforce our beliefs. “Truth, Law, and Justice” are at the very basic premise of our government and must be preserved for the sake of our nation.
[Ed. Truth, law and justice. I hope they haven't left the building. Good post.]
March 15, 2009 at 7:06 AM
Leo I know you said you won’t tell anyone what to do and i understand that, but can you suggest. It doesn’t have to be everyone, you know who the people are you can trust. If you need help with anything just say the word.
[Ed. Thanks but I'll be running solo. I don't have to post all the time. Just when I have something to say. ]
March 15, 2009 at 8:45 AM
Chief Justice Roberts will have to investigate suspicious activity at the Court since it has been brought to light. There are two issues now, quo warranto and Court clerks criminal type actions. I expect his investigation to blow things open and results made public in next several days.
[Ed. I believe Justice Roberts was very aware of my case and the rest that were docketed, and probably the other state court cases as well. He doesn't seem like the type of Chief Justice who would be so gullible and brain dead to have missed them. Does he seem like that to anybody here? Please don't be so gullible. ]
March 15, 2009 at 10:20 AM
Ok,
Not being an attorney, but knowing that the original 13 colonies had a lot of apprehension about creating a legal entity that would have some jurisdiction over their sovereignty; would lead them to evolve some new laws applicable to Federal reps from the 13 colonies, and applied to crimes committed on a state law immune location called the
‘District of Columbia’.
In the D.C. arena NO STATE LAWS were applicable, but agreement on how FED reps would be tried for Fed law violations would be laws created by Fed reps of the 13 states to govern the D.C neutral ground. If what I perceive is correct then the argument of removing a president via the D.C. courts can be only accomplished in the D.C. area because there, is where NO laws of the 13 sovereign states were applicable.
March 15, 2009 at 10:53 AM
[...] Donofrio recently posted another article on his views of the quo warranto [...]
March 15, 2009 at 11:01 AM
URGENT CALL TO ACTION:
TODAY: SEND LETTERS TO JEFFREY TAYLOR
Ways to communicate with Jeffrey Taylor URGENT CALL TO ACTION:
If you can afford overnight mail, please do so and save the receipt!!!!
Send Registered mail. Ask for the receipt! Please save it!
Send snail mail Send email copy.
Email and paper mail are both good …. If you wish to send it twice.
Post YOUR LETTER ON YOUR BLOG:
Title it: Quo Warranto: Citizen’s Open Letter to Jeffrey Taylor Actively
Link to that Blog, send it out to your contacts!
Be prepared to follow up in 2 days
PLEASE Do not simply cut and paste from this post. With an expectation to be heard, we are seeking INFORMED Citizens to stand up and claim their God given right to speak to their government!
[Ed. Excellent point Chalice. She makes a strong point. Form letters are greatly ignored for the most part. If you want to write, neither I nor anybody else should put words in your mouth. I believe in the power of letters. If you're going to write something, then make it a work of intellectual art all your own. This is why I couldn't support that form letter campaign to scotus by a certain publication in the days before my case, it's not my style to be a sheep and follow. Use the gift of your mind to create art whenever you lay pen to paper. ]
We want Jeffrey Taylor to personally know we are informed by the content of our personal words to him!!!!
Please, in all of your communications, be respectful. Jeffrey is our public servant; we are empowered as Citizens, to contact him and should do so with civility!
[Ed. Oh yes, please listen on this point, same for any correspondence to AG Holder. Please be respectful in all official communications.]
U.S Attorney’s Office – Main Line: 202-514-7566
U.S Attorney’s Office – TTD Line: 202-514-7588
Correspondence to the office may be sent to:
United States Attorney’s Office
5554th Street, NW
Washington, DC 20530
Correspondence may be sent to the U.S. Attorney’s office electronically at:
dc.outreach@usdoj.gov
Virginia Gentleman has kindly summarized Leo’s reasoning below. If you want to cut and paste it, you can… However… The key here is to personalize the message.
Also… Go to Leo’s blog. ( http://www.naturalborncitizen.wordpress.com ) Read the 3 sections on Quo Warranto and his letter to Jeffrey Taylor. Please know the material so you can become part of the solution!!!!
Permission is granted to post this and to email it to others. We are all about Education. Please help to get this message out to America!!!!!
May God’s light bless our efforts in his name!
Chalice
http://www.Patriotsheartnetwork.com:
Points of Interest from Leo Donofrio’s Blog – Brief on Quo Warranto
[Ed. I will pipe in with my comments since these are bullet points as to my writing.]
http://www.naturalborncitizen.wordpress.com
• Federal statute (Chapter 35§ 16-3501) for quo warranto was tailor made by the legislature to challenge any person occupying any public office of the United States under questionable title thereto.
• The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter on his own motion or on the relation of a third person.
• Two individuals have authority to bring quo warranto action: Attorney General Eric Holder, and US Attorney for the District of Columbia, Mr. Jeffrey Taylor.
• Only one of these officials need bring the action in quo warranto.
• The federal quo warranto statute provides the only Constitutional means by which a sitting President may be removed by the Judicial branch.
• Congress has provided for the removal of a sitting President found to be ineligible by enacting the federal quo warranto statute.
• Nowhere in the Constitution does it give the Judicial Branch the power to remove a sitting President. The Constitution has provided congress with the authority to remove the president from office in cases other than impeachment.
o Constitution Article 2, Section 1, Clause 6. “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge…”. Note the word “or”.
[Ed. A bullet point concerning ARTICLE 1, SECTION 8, CLAUSE 17 is just as important if not moreso:
"Congress shall have power to exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may...become the seat of the government of the United States..."]
o Congress is authorized to exercise removal power by the 25th Amendment – and such power must be derived directly from Article 2 Section 1 Clause 6.
• SCOTUS is not a trier of fact and so quo warranto MUST be brought before the District Court for the District of Columbia EXACTLY as the statute requires.
• Quo warranto action is proper to settle title to the office of President for the good of the nation.
• Even if both officials are convinced Obama is eligible, it’s still proper for them to institute a quo warranto proceeding because the evidence emerging now is that, by leaving the controversy as is ] a floodgate of litigation will ensue
• The best possible candidates who should request the US Attorney and/or the Attorney General to bring an action in quo warranto on their own motion are Retired Military officers who understand the absolute need for the President’s title to office not to be encumbered by doubt.
• THREE WAYS TO BRING QUO WARRANTO
1. The US attorney and/or the US Attorney General institute the case on their own motion – which is the best way this could happen. No leave of the court need be requested. There will be a hearing and a trial of facts.
2. If no authorized Government attorneys will bring the action on their own motion, then any citizen may join a law suit as “third persons” and such law suit, by way of verified petition, shall be brought to the US Attorney and/or the Attorney General to ask their consent to use the name of the United States. If the Government gives consent, then you must request permission from the court to bring the suit as well. And if the Court says yes, you will have a hearing on the merits.
3. If the Government will not give consent, then “interested persons” may request leave of the court to institute the action in quo warranto. But standing will be – according to SCOTUS in Newman – restricted to anybody who was ousted from the office of POTUS (and nobody is going to meet that requirement) or, in the alternative there might by cases under the civil service laws which provide standing.
• CONCLUSION: The District of Columbia Code is the only means by which a federal quo warranto action can be instituted and its application is strictly limited to public offices of the United States or local DC offices within the ten square miles of the District of Columbia. No public office, i.e. POTUS, is exempt by the statute.
March 15, 2009 at 11:16 AM
http://canadafreepress.com/index.php/article/6254
Leo,
Take a look at this article. I found it via theobamafile. It is very interesting and at the end it talks about your supreme court case.
[Ed. Problem is that syllogisms are not law. Once Obama was sworn in, he became President. Only Congress or the DC District Court can remove him under the Constitution. The article is certainly a good read in general I agree with its conclusion except that the swearing in trumps the logic under our Constitution. If the election were made void by his being found ineligible then I believe it would be recorded that he was never President and everything he signed would have to signed instead by a new President. I think that's the case, not certain. It's never happened. I'm just using the cases of Galatin and Shields as an example.]
March 15, 2009 at 11:44 AM
Roadmap:
Forget the military. Federal civilian employees who are pledged to “support and defend the Constitution of the United States” simply, formally, and publicly ask their Department heads or Department Ethics Office whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II “natural born citizen”.
And, then simply wait for a response — and go from there
[Ed. Good idea.]
March 15, 2009 at 12:09 PM
In your “Open Letter” post, I posed a question regarding Bobby Jindal that was poorly worded and I did get not the answer I was seeking.
You said you have no doubts that Jindal is not a natural born citizen. My question is this:
Is there anything Bobby Jindal could do to get a legally recognized ruling regarding his NBC status prior to his announcing that he is running for president (assuming that this is what he wants to do)?
My state, Arizona, has a bill (SB1158) in its initial stages that will require a presidential candidate show that he or she meets the qualifications set forth in the Constitution. It seems to me that without a clear, universally recognized understanding of what an NBC is there still is a lot of litigation in our future.
[Ed. I don't believe so. I don't see any authority that could make him a natural born citizen other than a Constitutional Amendment.]
March 15, 2009 at 12:36 PM
Leo,
I think what NeilBJ is asking is that if someone like Bobby Jindal wants to know if he is a natural born citizen before he runs for President, can he go to a court and ask for a legal opinion? Or is he just supposed to run and wait and see if someone questions it? Jindal is one of these people that fall into a gray area for some since he was born in the US, but his parents weren’t citizens. I believe that you need two citizen parents to be an nbc, but many in positions of power are saying via their return letters to their constituents that you just need to be born in the US. If you are an honest person that wants to make sure that you meet the eligibility requirements before you run and you fall into this nbc gray area – how do you find it out if you are eligible?
[Ed. You make an honest assessment of the situation and you bite the bullet for the good of the nation, recognize it's in the best interest of the nation, no matter who you are, that two generations of loyalty to this nation are required to be the Commander In Chief and you humbly pass on all invitations to run for President because you would like to be a statesman forever known to have put his Country before himself. That's what Jindal should do and it's what both Obama and McCain should have done. But I fear the days of genuine statesman have passed.]
March 15, 2009 at 1:02 PM
Leo,
Attached is the text of an email sent today to Attorney Taylor. I will follow-up with a hard copy to both he and AG Holder.
United States Attorney Jeffrey A. Taylor
United States Attorney’s Office
555 Fourth Street, NW
Washington, DC 20530
Dear Sir:
The past several months have witnessed court dockets throughout our country flooded with lawsuits and legal briefs brought by myriad attorneys, all of which in some manner, way, shape or form, question whether President Obama meets the Constitutional requirements to legally occupy the office of POTUS. Unfortunately, despite this flurry of activity, legal questions remain unanswered as to whether the president meets the requirement of being a “natural born citizen” as specified in our Constitution to validly hold office. Left unanswered, this issue is a cancer upon the office of POTUS which will likely metastasize and subsequently do great harm to our republic. I feel it critical that, for the benefit of our nation, this issue must be quickly resolved.
I write to you today to express my support of, and agreement with, the legal brief and conclusions articulated by Attorney Leo Donofrio. Attorney Donofrio has recently sent correspondence to your office in regard to this matter and I trust that his detailed research and critical legal analysis have left you convinced that the president’s legal title to hold and occupy the office of POTUS must be cleared of all doubt. Resolution of this issue is not only in the collective best interests of our nation but is crucial to the fundamental inner workings and function of our military chain of command.
You, sir, are one of only two public officials delegated by statute, with the power to represent the government (aka The People) in the prosecution of alleged criminals within the District of Columbia. The United States Attorney General, Eric Holder, is the other. Only you and the AG. under 6-3502, [ed. should be "16-3502"] may institute a proceeding, upon your own motion, in quo warranto, to investigate any United States public office holder’s qualifications, so long as the office concerned is within the District of Columbia.
Accordingly, I respectfully request that you bring such an action before the District Court for the District of Columbia as soon as possible.
Respectfully yours,
March 15, 2009 at 2:13 PM
A jury, made up of people from Washington DC, might lead to jury nullification, and something that resembles the OJ Simpson trial. Do you think this will ever get to a jury?
[Ed. I'd rather not make a prophecy as to what a jury would do or what the US Attorney or the AG will do. But I don't think it's fair to judge someone before they've had a chance to do the right thing. It's not fair to speculate on a jury made up of citizens based upon what other jurys have done. If that were rule, then we'd have no legal system at all to rely on. The jury system isn't perfect, but it works better than anything else Government has ever devised.]
March 15, 2009 at 2:19 PM
I don’t pretend to write about the law on the level of the attorneys here, but I so possess common sense.
All this fuss about impeachment is missing the forest through the trees. Just one case has to prove that Obama has committed perjury or some other crime and the Congress can do the rest. Remember it wasn’t Clinton’s escapades per se that initiated impeachment proceedings; it was the controversy over what “is” is.
[Ed. This has nothing to do with impeachment. For impeachment there would have to be a lie under oath while in office. I am not alleging anything of the sort has taken place. Please read the blog and the legal brief. This issue has been discussed in the posts and in other comments.]
March 15, 2009 at 4:06 PM
Bobby Jindal’s parents were naturalized citizens before Jindal was born so he is a natural born citizen.
[Ed. From what I understand, his parents were in the US for about one month before he was born. How is it possible they were naturalized in that short time? You have a link to some facts I don't know about? ]
March 15, 2009 at 4:08 PM
The DC constitution conyained within the DC code is NOT the u,s, Constitution:
http://www.michie.com/dc/lpext.dll?f=templates&fn=main-h.htm&cp=dccode
[Ed.What are you on about, it's right there at the link you provided on the left hand side of the page it says "Constitution of the United States of America"]
March 15, 2009 at 4:22 PM
I agree with principled guardians, Chalice and Leo above.
We must be accountable as responsible citizens with boundless respect and integrity and with a duty to be informed as ‘we the people’.
I have provided this excerpt of a fairly recent article by Sandra Day O’Conner as to what she believes has happened to our judicial system for the readers to understand or ponder and in my opinion, as to why this ‘accountability’ and ‘independence’ should apply to us, the public as well.
“JUDICIAL ACCOUNTABILITY MUST SAFEGUARD, NOT
THREATEN, JUDICIAL INDEPENDENCE: AN INTRODUCTION
SANDRA DAY O’CONNOR
This issue of the Denver University Law Review is devoted to an
important subject: judicial accountability. Properly understood, judicial
accountability is a fundamental democratic requirement of our federal
and State governments. Put simply, judges must be accountable to the
public for their constitutional role of applying the law fairly and impartially.
Judicial accountability, however, is a concept that is frequently
misunderstood at best and abused at worst. It has become a rallying cry
for those who want in reality to dictate substantive judicial outcomes.
The notion of accountability is superficially attractive: judges who reach
outcomes that part ways with the will of the majority—often mislabeled
“activist” judges—should be held “accountable.”
This simplistic understanding of accountability—judicial accountability
for the majority’s desired substantive outcomes—ignores the role
of the judiciary and indeed the very structure of our democratic governments,
State and federal. Worse, this perversion of the concept of judicial
accountability threatens to undermine the safeguards of democracy
and liberty that were so brilliantly conceived by those who first designed
our governmental institutions and drafted our Constitution. In short,
“[p]opulist, substance-based accountability for judges is precisely what
the Founders feared[.]” The Framers placed at the core of the judiciary’s
design the concept of judicial independence as a means to guarantee
the Rule of Law. Judicial independence is the vital mechanism that
empowers judges to make decisions that may be unpopular but nonetheless
correct. In so doing, the judiciary vindicates the principle that no
person or group, however powerful, is above the law. And it gives life to
the promise that the Rule of Law safeguards the minority from the tyranny
of the majority.”
Read More (pdf)……..
Judicial Accountability Must Safeguard, Not Threaten, Judicial Independence: An Introduction
http://law.du.edu/index.php/denver-university-law-review
And thank you Leo, it is always a refreshing moment when you bring us a new post!
March 15, 2009 at 4:34 PM
CAL,
Thank you for clarifying what I was asking, because that is exactly what I was asking.
I mentioned Arizona’s bill because I see a similar problem there. I think it is the only acitve bill that requires something more than a birth certificate. The bill wants “proof” that you are an NBC. The bill requires that the candidate (upper case in original)
Other state bills require only a birth certificate.
What will state officials do when a “Bobby Jindal” (or even a “Governor Bill Richardson”, or a “Yaser Hamdi”) wants to get on the ballot? What definition of NBC will they use? There is nothing in the bill that defines NBC other than a reference to the NBC clause in the Constitution. Even if they use the definition that we understand (U.S. birth and U.S. citizen parents), no doubt it would be challenged. So be it.
March 15, 2009 at 5:35 PM
I have two related questions. I understand what is Quo Warranto and why it must be brought through the DC District Court, but why was not invoked at all in any of the lead-up to the impeachment of President Clinton?
[Ed. Quo warranto is strictly concerned with eligibility issues. Clinton was a natural born citizen, 35 years old and resident 14 years in the US. He was eligible.]
“Obsstruction of justice” was one of the two impeachable charges that stuck against Clinton. When you look into the meaning of “High Crimes and Misdemeanors,” the only things it explicitly excludes is politically-motived actions.
Suppose there is sufficient evidence to show that Obama had committed a federal crime prior to the election, but is now using his power as President to obstruct any investigation of that crime, what legal avenues does a citizen have to bring the matter to the proper authorities?
[Ed. There is no investigation into any crime. Without an official investigation, there is nothing to obstruct. The quo warranto statute states it is a civil remedy, not criminal. The only option a citizen has is if he avails himself of the QW statute. Impeachment is irrelevant to this proceeding and this issue. It's not a crime for Obama to believe he was a natural born citizen.]
March 15, 2009 at 6:09 PM
ok Leo
nice write up, you say only Congress can remove a president, assuming he’s legit. So what is this quo warrento case going to do assuming it’s findings are that obama is illegit? Congress will still have to remove him in your statements. That is unlikely to happen no matter what any court says, in your opinion. Is that what you are saying?
Please elaborate, and what is this restricted business all about, I thought we were all friends here……or on the same page at least.
[Ed. Congress has already enacted legislation to remove him in the quo warranto statute. They have said in that statute, if you are a usurper you will be removed but this statute gives you a day in court, a fair chance to establish eligibility. They have already spoken, and their role is complete as to eligibility. Nothing more is needed from them.]
March 15, 2009 at 6:12 PM
Excuse me — I don’t understand your new restriction. You wrote:
Do you mean that you don’t want any posts that question your interpretation of the statute in any way?
[Ed. No. That's not what I wrote. You may discuss the statute, or any law, just dont bring up any of the other attorneys or their law suits. Feel free to raise any legal questions. Discuss the law, agree or disagree with me all you like.]
Or do you simply want to restrict discussion of the work of different attorneys taking a different approach? (Posts “which mention the names of, or which identify in any way with, law suits and/or attorneys”)
This is your board, you can do anything you want. However, I would hope that as a litigant you would want the opportunity to preview and consider the legal arguments that might be raised against you.
[Ed. I'm not a litigant. I will not instituting any litigation.]
March 15, 2009 at 8:24 PM
NeilBJ,
I am glad that Arizona put the nbc requirement in their bill. The other states whose bills are just asking for a birth certificate are further obscuring the nbc issue.
Unless there is a ruling on nbc through the quo warranto action, I fear that in the future we will be faced with a problem similar to what we have today. As long as the candidate has the press and the political establishment on their side, he will be deemed eligible regardless of the status of his parent’s citizenship at the time of his birth. With the courts unwilling to address this issue before the election, it was really the press that deemed Obama eligible through their unwillingness to cover this issue.
March 15, 2009 at 8:37 PM
NeilBJ said:
“What will state officials do when a “Bobby Jindal” (or even a “Governor Bill Richardson”, or a “Yaser Hamdi”) wants to get on the ballot? What definition of NBC will they use? There is nothing in the bill that defines NBC other than a reference to the NBC clause in the Constitution. Even if they use the definition that we understand (U.S. birth and U.S. citizen parents), no doubt it would be challenged. So be it.”
The Supreme Court needs to deal with this issue!
Your letter to U.S. Attorney Jeffrey Taylor was very well written. I was under the impression that he and Eric Holder should be subpeonaed to bring the Quo Warranto action.
[Ed The statute and the Newman case make it clear that the decision is in their discretion. There's no law which can force it to happen.]
March 15, 2009 at 9:11 PM
March 16, 2009
Open letter to Mr. Jeffrey A. Taylor
Unites States AttorneyFor the District Of Columbia
555 4th Street NWWashington, DC 20530
Re: ‘quo warranto’ proceedings relative to Soetoro/Obama
Via email at: dc.outreach@usdoj.gov
Dear U.S. Attorney Taylor:
The issue I lay before you today is the possible usurpation of the Presidency by Barry Soetoro, aka Barack Obama. You, sir, in your capacity as the United States Attorney for the District of Columbia, along with Mr. Eric Holder, the Attorney General of the United States, will both soon be asked to proceed with ‘quo warranto’ actions in the matter. This is of the gravest concern, as you are no doubt aware. I urge you to give these requests your most urgent review, and accept the challenge laid before you.
Others may go into more detail. I am not sure of the birth certificate issue. Either there is, or there is not a Hawaiian birth certificate, if there is, Soetoro’s mother was too young to confer natural born citizenship at the time; and if there is not a Hawaiian birth certificate, the story would end there, either way.
The crux of the issue, from my layman’s point of view, is the Indonesian adoption. The adoption at about age five, is confirmed through the Hawaiian divorce papers signed by Soetoro’s adoptive father, and his birth mother. When he returned from Indonesia to live with his grandparents, he never naturalized; as an adult he confirmed his Indonesian citizenship when he traveled to Pakistan in 1981 on an Indonesian passport. He never legally changed his name to Barack Obama, and so along with a host of other indignities this man has plagued us with, his real name is Barry Soetoro. I believe Barry Soetoro to be an illegal alien, living in the United States. Barry Soetoro never was, and never can be, President of the United States. And for that matter, neither can Barack Obama.
This country, for a myriad of reasons, has been deceived. Cheated by a Chicago gangster, a thug, and unquestionably a crooked politician. The United States has also been cheated by a host of people in the various states who never bothered to check or validate this man’s credentials, and accepted his word alone as verification, and/or assumed that others had done the proper investigations. We have been cheated, too by a willing media, too eager to have Soetoro/Obama elected, no matter what the truth, no matter what the outcome.
Soetoro/Obama has been involved in Logan Act violations in Kenya, Canada, Indonesia, and Iraq, possibly more; destruction of evidence in Indonesia through our American Samoa representative; false personification of an officer of the United States; illegal alien voting fraud; financial fraud; violations of the False Claims Act; voting fraud; fraudulent solicitation of contributions; fraudulent use of foreign contributions for a political candidacy; fraud in every state of the Union; use of fraudulent social security numbers; fraudulent claims on his law license; and there are certainly more.
Ask yourself very honestly, if you knew these allegations to exist regarding anybody else, would you not proceed with an investigation?
Soetoro/Obama has requested that ALL his background documents be sealed, quite in contravention to the approach of most presidential candidates, who resign themselves to thorough public scrutiny. His birth, school, adoption, college, law school, and former employment records have all been hidden, and continue to be. If a requirement of the Constitution is that a President have certain attributes, which include age, length of time in the U.S., and a birth right, then one cannot be President until those are proven, particularly if there is any question whatsoever. Not to be able or willing to prove them should negate the right to hold the office.
If the Constitution is ravaged by any of us, it is ravaged for all of us. I know that you cannot allow it to be trampled by ANYONE. This issue of Soetoro’s legitimacy will not go away. It is becoming an issue of national security, as you are no doubt aware. Many in the military have professed their disdain for someone who will not step forward and admit who he is. Many of this country’s finest are disinclined to follow the orders of a questionable commander in chief.
There are those who proclaim this is an issue of race. It is not. On August 28, 1963, Dr. Martin Luther King, Jr., said he looked forward to the day when all this nation’s people will “live in a nation where they will not be judged by the color of their skin but by the content of their character.” This, Mr. Taylor, goes to the core of the argument. This issue has nothing to do with the color of Mr. Soetoro’s skin. Without question America elected a black man, but without knowing his truth. This has everything to do with the truth, and the content of the man’s character. I venture that Dr. Martin Luther King, Jr., a true American hero, would have demanded that the bar be as high for a black president, as it would have to be for any other, I feel certain he would think to do less, would be un-American.
Again, Mr. Taylor, I urge you to give the request for ‘quo warranto’ proceedings for Soetoro/Obama your most urgent consideration, and accept on behalf of all the people of the United States the challenge presented to you.
Thank you.
Yours very truly,
Rob Lamb
March 15, 2009 at 9:41 PM
Man am I thick or what,
Leo, the Constitution says the President can make treaty’s with other country’s and other “agreements” BUT whats to stop any government on the other side of these treaties or agreements from reneging on these “deals”….
Is this another reason we really need the office of POTUS settled by Quo Warranto….
After all trust with whom, any other government in the world could read whats here if not figure it out for themselves…
What a mess…then how do you deal with another nation that puts this usurper argument into our faces?????
[Ed. It's a mess. Definitely.]
March 15, 2009 at 10:10 PM
“It’s not a crime for Obama to believe he was a natural born citizen”
No, but Obama definitely committed a crime when he created a false identification document that resembles a government-issued certificate, which Obama used to decieve the American public into believing that he was born in Hawaii and to prevent the release of his original birth certificate.
[Ed. Your use of the word "definitely" is draconian and alien to our system of laws. Obama, like anyone else is innocent until proven guilty. the document he posted has not been condemned by Hawaii officials. It's not been examined under oath in a court of law. It's not been examined by forensic experts holding it in their hands.
Im not saying I "know" it isn't false. it would be proper for the AG or US Att to investigate based upon what's happened, but until that happens nothing is "definite".]
March 16, 2009 at 12:04 AM
Rob Lamb–great letter!
Leo, something has been bothering me for some time about the three POTUS eligibility requirements in the Constitution. I realize that it is not stated anywhere in the document who or what entity would be encumbered with the responsibility to validate those three requirements. However, the framers of our Constitution were intelligent men and they must have had some assumptions about who would or could validate a President’s eligibility. I am wondering if there are any ancillary Constitution papers or writings that could shed light on what or who the framers may have had in mind as to who’d determine POTUS eligibility?
[Ed. Article 2 Section 1 Clause 6. Article 1 Section 8 Clause 17. 25th Amendment And Federal Statute http://www.archives.gov/federal-register/electoral-college/provisions.html#last ]
March 16, 2009 at 12:10 AM
Rob Lamb,
I had the glorious opportunity to read your EXCELLENT letter that you penned above!! Mr. Lamb, thank you so very sincerely for writing your excellent letter to Mr. Jeffry A. Taylor above!! I want to tell you that you need to send your letter you penned above NOT ONLY VIA EMAIL to Mr. Jeffrey A. Taylor. MR. TAYLOR WON’T READ YOUR EXCELLENT LETTER VIA EMAIL, SINCE HE DOES NOT READ ALL OF HIS EMAILS!!
MR. LAMB, PLEASE SEND YOUR EXCELLENT LETTER THAT YOU PENNED ABOVE TO MR. JEFFREY A. TAYLOR THROUGH RESTRICTED SIGNATURE RETURN RECEIPT REQUESTED SPECIAL DELIVERY MAIL, SO YOUR LETTER CAN BE DELIVERED DIRECTLY TO MR. JEFFREY A. TAYLOR WHO IS THE ONE & ONLY PERSON WHO CAN SIGN TO RECEIVE YOUR EXCELLENT LETTER IN HIS OFFICE!!
Mr. Lamb, please send Mr. Taylor THREE copies of your above letter. This way he can keep one copy for his own records with your signature on it. And Mr. Taylor will have in his possession two copies of your letter with your signature on it so Mr. Taylor can share your letter with people of special interest in this Soetoro-Obama Constitution Crisis that we are in!!
MR. LAMB, I WANT YOUR LETTER AND EVERYONE’S FAITHFUL AND TRUE LETTERS TO GET INTO MR. TAYLOR’S OWN HANDS IMMEDIATELY,AND NOT GET LOST OR THROWN OUT BY IGNORANT SECRETARIES OR CLERKS. Mr. Lamb, thank you for protecting, defending, and working peacefully to preserve America and our USA Constitution in our Constitutional Crisis THAT IS CAUSED BY SOETORO-OBAMA on ALL Americans!!
[Ed. Please, Starla. Don't use CAPS.
Also, the US Post Office has this about restricted signature:
"Restricted Delivery
Be sure your mail gets into the right hands.
When you want your mail to reach a specific recipient, use Restricted Delivery.
Sometimes, you might have private or highly classified documents that you require to be seen only by the addressee. Restricted Delivery ensures that your mail is only delivered to the person you specify, or to the person authorized in writing to sign for intended recipient. Mail for minors or persons under guardianship may be delivered to their parents or guardians."
no guarantee it gets in the right hands even with restricted delivery.]
March 16, 2009 at 7:11 AM
Mr. Donofrio,
Unfortunately, despite your efforts, many horses will die of thirst though being led to water. I don’t know what else you can do other than provide the analysis for debate, prod the AGs to perform their duties, and await a response.
Principle should, and has now, outweighed passion for redress in pursuit of QW and the constitutional fundamentals of seperation of powers.
Thanks.
“The hard right over the easy wrong”.
SFC Noz
March 16, 2009 at 8:29 AM
In Reference to Shawn March 15 9:41:
Perhaps just what we DO NEED is exactly THAT a government from
“The Other side” get interested in the issue that Our US President may not be a NBC.
My Head’s not stuck in the sand- I’m SURE foreign governments may
already be privy to the NBC issue, just that they may NOT be aware of the On going efforts being made in the U.S. to pursue this issue, keeping the issue on top where it belongs.
Let the story Air on Foreign Channels and let’s get this ball rolling into the
United States. Granted Our MSM needs to Air it- is there not ANY way a
foreign country’s breaking story can’t get through to our airwaves somehow? It would be quite an attention getter for making sure the issue
gets settled since other governments have a high stake in the legitimacy
of our elections.
March 16, 2009 at 8:30 AM
Leo, have you heard that Danny Bickle (Chief Justice John Roberts’ clerk) is being replaced in July? http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090315_11_A2_TUvisi721510
[Ed. There's NOTHING in that article about Danny Bickel. Danny Bickel is NOT a clerk for Justice Roberts. The clerks for the Justices generally serve one year terms. This is not at all relevant to Bickel who is "the stay clerk" for SCOTUS. He's not a clerk of any judge. This story going around this morning is so ridiculous. It actually disturbs me and makes me when I see my readers among the sheep who buy into this crap so easily. Sorry facta, don't mean to rag on you, but people need to be less emotional, less trusting, and more investigative.]
March 16, 2009 at 9:53 AM
re: my post: Leo, something has been bothering me for some time about the three POTUS eligibility requirements in the Constitution. I realize that it is not stated anywhere in the document who or what entity would be encumbered with the responsibility to validate those three requirements. However, the framers of our Constitution were intelligent men and they must have had some assumptions about who would or could validate a President’s eligibility. I am wondering if there are any ancillary Constitution papers or writings that could shed light on what or who the framers may have had in mind as to who’d determine POTUS eligibility?
Leo, I don’t see how your response [Ed. Article 2 Section 1 Clause 6. Article 1 Section 8 Clause 17. 25th Amendment And Federal Statute http://www.archives.gov/federal-register/electoral) fits my question?????
I have checked my paper copy of the Constitution and the clauses you mentioned, but they are not pertinent to my question.
[Ed. They are pertinent. You're just being petulant.
Read parts 1, 2 and 3 of my QW legal brief. It's all explained in great detail. I've been over this many times before. Article 1 Section 8 Clause 17 gives Congress the power over "To exercise exclusive Legislation in all Cases whatsoever" in the District of Columbia. That's the DC Code The quo warranto statute is in the DC Code. It deals specifically with challenging the qualifications of US public officeholders situated in DC. Last time I checked, the President was a US public office holder in DC. And there's more. Read the brief.]
March 16, 2009 at 10:06 AM
Leo: Could a foreign gov’t refuse ambassadors if they do not recognize the BHO Administration as legitimate?
[ed. I don't know.]
March 16, 2009 at 10:14 AM
Leo, to clarify: my question pertains to POTUS candidate, not the post-election QW situation.
March 16, 2009 at 11:20 AM
Leo, check this out. This story came out in conjunction with the Live friday show with Glen Beck to promote his (the912project.com) website. Beck has a huge following now and is second only to oreilly on Fox network.
This article was posted saturday at Newsvine
http://mick-2.newsvine.com/_news/2009/03/14/2547096-chuck-norris-claims-thousands-of-right-wing-cell-groups-exist-and-will-rebel-against-us-government?last=1237219506&threadId=527811#last_1
March 16, 2009 at 11:25 AM
Hi Leo,
Your type on your blog is TOO SMALL LEO.
[Starla... im sticking with my blog look. as for those articles, I do not support that publication. ]
March 16, 2009 at 1:00 PM
To JudyP,
and the other poster who mentioned about other governments knowing or following the NBC issue in the USA. They are already doing that and there are articles written in England and more specifically, Russia, about Obama and his lack of eligibility to hold the office of POTUS. I have read several in Pravda and The Times of London or whatever the daily paper is over there. I also think that is one of the reasons that China is so antsy about bailing out the USA with trillions of dollars, when they know that sooner or later, the crap will hit the fan and someone will fall off of his pedestal. It is bound to happen one way or the other, and every foreign government knows and has looked into this issue on their own, because they want to be able to definetively say yes or NO about issues that they care deeply about, and one of those is MONEY…… and Treaties or WAR against one of them or their allies.
It would be remiss of Obama to even think of sitting down with Iran or any other really determined nation in an effort to forge good will when he knows that they are talking among themseleves about his eligibility, so, we shall see just how gullible Obama thinks that all the other nations are in dealing with him.
Personally, I would say that he is playing a high stakes game and calling their bluffs, but IF he loses, we all lose. Becasue if he forges a treaty wiith any of them, and then it breaks down because of lack of ethics on his part, no one will honor other treaties or bargains with the US for a very long time into the future. It takes a long time to set precedents in the world, but only a very short time break all the good will and considerations down, and Obama is breaking them all down, all around the world, at the moment, and with the audacity of deceit and greatness that he forces everyone to believe IS HIM……
March 16, 2009 at 2:45 PM
Leo, after trying to read (and comprehend) every single comment and response here I realize that I am getting lost (perhaps because I still have obligations and a job and can’t devote all my time to grasp this…and law is not my field).
What I would really like to know at this point is, do you think there is any hope that Obama could be removed from office based on the citizenship issue? If so, where could I go to keep up with that information? I have several sources right now (as a blogger) but don’t want to continue to follow bad information or “buy into this crap” as you put it
[Ed All I can tell you is that I honestly dont believe his elgibility will be challenged without the help of US Attorney Taylor. These other law suits and plaintiffs now in the public eye are going nowhere. Read what you like. If you want to understand the law, then read and study this blog. That's all I can say.]
March 16, 2009 at 3:26 PM
Leo, I’ve been following your work since it’s inception and, as many others have already, I’d like to say thanks for all your hard work.
I have a question though. In reading the opinion of Justice Gray in Elk v. Wilkins that you’ve posted, there is one thing that confuses me. It states, “Indians born within the territorial limits of the United States, members of and owing immediate allegiance to one of the Indiana tribes (an alien though dependent power), although in a geographical sense born in the United States, are no more “born in the United States and subject to the jurisdiction thereof,” within the meaning of the first section of the Fourteenth Amendment, than the children of subjects of any foreign government born within the domain of that government,…..”
What government is he referring to when he says “that government”?
[Ed. He's talking about children born on US soil whose parents are foreign subjects of another country, and he's saying the parents were born "in the domain" of that foreign country.
To make it easier to understand, just substitute Japan for "foreign Governments" into Justice Gray's phrase. so the whole thing would read like this:
"Indians born within the territorial limits of the United States, although in a geographical sense born in the United States, are no more 'born in the United States and subject to the jurisdiction thereof', within the meaning of the first section of the Fourteenth Amendment, than the children of subjects of Japan born within the domain of Japan..." ]
At first I thought it was the United States but wouldn’t he have just said United States if that’s what he meant? Doesn’t it seem to refer to the foreign government mentioned in the first part of the sentence?
I know it’s not that important of an issue but, unless I’m wrong, this is where you’ve said he was saying children born to foreigners in the US are the same as American Indians born within the US. That is…not citizens.
Thanks,
David
March 17, 2009 at 1:50 PM
Next question, Leo, and thank you very much for your insight on my letter, by the way, I was able to pull a copy of my letter out of the recesses of my files, cause I saved it twice.
What is the address of Holders office and can we send it via email like we can to Taylor. I sent mine off on the email to Taylor already. But I want to know if you have an email addy for Holder. I will send one copy to each of them via snail mail tomorrow, so they have a back-up hard copy….. and should I send each one two copies as Chalice suggested?
March 24, 2009 at 10:57 AM
Mr. Donofrio, Thank you for your research & standing up for the Constitution.
You truly will go down in history.
I watched this clip of Justice Thomas & he mentions Marbury v. Madison.
The whole interview gives you insight to Judge Thomas. I really believe if it was in his power he would have heard your case. Like yourself he is a man of principle.
I am going to take your advice & contact Mr. Taylor. I am working on a painting of the Constitution with the books that would have been the foundation of the Founders’ principles. Vattel’s “Law of Nations” -could you suggest others? Thank you again,
Maureen http://www.maureenthompson.com