Posted on 03/11/2010 7:29:03 PM PST by Danae
Just a quick update on the Quo Warranto aspect of our representing the Chrysler dealers. Both Steve Pidgeon and I agree that our clients should exhaust all possible remedies pertaining to the Chrysler bankruptcy before seeking Ex Relator status in the DC District Court. Filing a petition now in the DC District Court would be premature as we’ve recently filed a Notice of Appeal with the Southern District of New York. But we do represent 82 former Chrysler dealers – led by James Anderer – who support a future quo warranto action.
Furthermore, it’s important to note that the bankruptcy action does not allege the Government sought dealer rejections. Our case relies on the record of the entire bankruptcy proceeding which unequivocally exhibits that – while dealer restructuring was a future goal of New Chrysler – all key witnesses, including Old Chrysler’s CEO and Fiat executive Alfredo Altavilla, testified that neither the US Government nor Fiat ever requested dealer restructuring as a condition precedent to the deal closing. The record is crystal clear on that issue. Judge Gonzalez changed Alfredo’s answer in his Rejection Opinion by an act of judicial ventriloquism.
Therefore, the record exhibits that the Government was not directly involved in the decision to reject the Chrysler dealers. Whereas, the quo warranto will be based on a “but for” argument pertaining to unconstitutional use of TARP funds. But for the improper use of TARP funds, the Government would not have gifted Chrysler to Fiat and our clients would not have had their businesses ripped from them.
It’s an important legal distinction between the underlying bankruptcy case and the pending quo warranto.
Leo C. Donofrio, Esq. for the Law Office of Pidgeon & Donofrio GP
Comments Off
Donofrio/Pidgeon/rejected dealers plans for the future...
I think this gives me a happy feeling..... yes, yes it does. I wish it were moving a lot faster than it is, but the gears of justice turn so painfully slowly.
Ping....
somehow I just feel better knowing this. :)
I hate it when I ping and forget to put the list in... (The shame)
Keep fighting Leo and Steve Pidgeon. Things may get better around November and maybe some judges should start to worry about their corrupt actions. These judges should be removed or impeached.
I find it strage that over 600 GM dealers are being re-instated and nothing for the Chrylser dealers. Sounds more like a Chicago shakedown.
ping...
In case you weren’t on Danae’s list...
A long awaited update from Donofrio on quo warranto plans!
And all of the above not allowed by the constitution. Remember, its a LIMITING document. Its NOT an enabler, its a limiter. Obama’s administration had no legal business doing what it did.
Thats exactly what it was. Just look at who got shiny new dealerships, the democrats the next block down... yea exactly.
Pinging LucyT's list...
"Chrysler Dealers and Quo Warranto"
Stay on it Leo and Steve Pidgeon. If things get worse and there is a blowout in November - I would be concerned if I was a corrupt judge. The judiciary is corrupt.
You got that right Frantzie. Corrupt, and possibly scared/threatened.
No legal basis? Hmmm.
I wrote a story about that.
Not that anybody cared.
Dear Leo and Stephen,
Teeth. Give us something with teeth. It is the only thing that will work. We are praying for you.
I didn’t see your story but I care. I am just shocked at what Obama gets away with. Judge Napolitano said it will take 2 years to catch up and force Obama’s actions to stop. I know the wheels of justice are slow but by the time we do stop Obama’s no rule of law thugs, we will be knee deep in socialism.
Maybe because of who contributed to political parties???
Maybe this is why???
How is Justice Roberts corrupt? (Considering he swore in Obama and his court has refused any an all appeals on this matter, he must be).
Give specific examples.
Thank you.
How the Empire was Born
Once upon a time, before the death of the American Republic, a man named Chrysler went bankrupt, and his house was being sold at auction by the Sheriff.
The Republic was ruled by Law, and under that law, the Sheriff was required to sell the house to the highest bidder, and use the proceeds, first, to pay off the mortgage to the Bank of Retired Indiana Teachers and Policeman. Any remaining monies could then be used to pay the Maid, or any of Mr. Chryslers other outstanding debts.
But the Sheriff was a powerful man, if less than honest, and he was in bed with Mr. Chrysler’s Maid. He wanted to protect her, as she and her friends gave him great support, and kept him in office, through scandal after scandal.
So the Sheriff made a plan. He made a deal with his friend, the Assessor, to pay the Assessor $10M dollars, if the Assessor would value Mr. Chrysler’s house for pennies on the dollar. The catch was that the Assessor would only get paid, if the Maid was successful in buying the house for the discounted value that the Assessor established.
So the Assessor drafted a paper, claiming that the house was abandoned and rapidly falling apart, and thus was only worth about $2B. To prove this, he got some fake bids on the house from the Sheriff’s friends, for slightly less than this value.
At the same time, the Sheriff went to the bank of TARP, and claimed that Mr. Chrysler’s house was worth full value, about $30B. And he cosigned for a loan for the Maid, that she might buy Mr. Chrysler’s house. In order to do this, the Sheriff had to lie, and proclaim that the Maid was a bank – Mr. Chrysler’s mortgage company objected, but the Sheriff said, “I won. The Maid is a bank if I say she is.”
So the bank of TARP lent the Maid about $5B, that she might buy Mr. Chrysler’s house, and have a little slush money going forward.
And the Sheriff called an auction – instead of advertising it, however, he told only the maid when and where it would be.
And the Maid came to the auction, and as she was the only bidder, and thus the highest bidder, she bought Mr. Chrysler’s house for pennies on the dollar. The $2B value the Assessor had dishonestly established. And the Sheriff paid the Assessor his $10M fee.
And the evil Sheriff, instead of paying off the mortgage on Mr. Chrysler’s house, then paid the Maid’s back wages with the proceeds, and put a big chunk aside for the maid’s retirement fund.
And again he told the mortgage company, “I won.” And he paid them 29 cents on the dollar, instead of the full value of the loan, which they were entitled to under the law.
The mortgage company then cried, if we are not ruled by law – we are ruled by the evil Sheriff!
And that was the day the Republic died, and the Evil Empire was born.
The End.
Give specific examples.
Thank you.
What in the world are you talking about? Who said Justice Roberts is corrupt?
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