Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Lurking Libertarian
Do you know who has standing to file a petition for a writ of quo warranto under the District of Columbia statute?

That's a great question. I would think that Alan Keyes for example would qualify as an "interested person" under the statute. Leo Donofrio has indicated on his blog that "something" is ongoing with regards to DC quo warranto that requires his silence. I'm hopeful in the meantime and will check his blog periodically.

Here by the way is the 16-3503 statute.

79 posted on 11/11/2009 11:00:38 AM PST by thecraw (God allows evil...God allowed Hussein...Lord willing he'll give us Sarah to clean up the huge mess.)
[ Post Reply | Private Reply | To 77 | View Replies ]


To: thecraw
That's a great question.

The statute says that only the U.S. Attorney or the Attorney General can file a quo warranto action without prior court approval. Anyone else has to first ask the Attorney General to file, and, if the AG refuses, has to ask the court's permission to file. The court will allow it to be filed only if the requester is a "person interested" and only if the petition is "sufficient in law."

I am willing to bet that when Leo Donofrio files, the court will say that he is not a person interested and that his petition is not sufficient in law, and will cite Judge Land's and Judge Carter's decisions as precedent. But time will tell.

80 posted on 11/11/2009 11:15:16 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 79 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson