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Does President Trump Have a Legal Challenge Now That Joe Biden Is Sworn In?
GP ^ | January 21, 2021 | Joe Hoft

Posted on 01/21/2021 8:59:18 AM PST by White Lives Matter

After receiving feedback from legal minds we decided to repost this.

several individuals believe that now that Joe Biden has been sworn in President Trump still has a legitimate challenge in court based on the massive alleged fraud prevalent in the 2020 election.

The NoQReport writes:

(Excerpt) Read more at thegatewaypundit.com ...


TOPICS: Business/Economy; Government; Politics; Society
KEYWORDS: electionfraud; joebiden; trump
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To: White Lives Matter

I agree. It doesn’t matter if we lose. We make them look bad in front of God.


41 posted on 01/21/2021 10:53:57 AM PST by alternatives? (If our borders are not secure, why fund an army?)
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To: White Lives Matter

“Several individuals”. Which sounds like fewer people than believe the earth is flat.


42 posted on 01/21/2021 10:56:54 AM PST by CharlesWayneCT
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To: White Lives Matter

How about: Do We Citizens have a Legal Challenge?


43 posted on 01/21/2021 10:57:04 AM PST by Scrambler Bob (This is not /s. It is just as viable as any MSM 'information', maybe more so!)
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To: ClearCase_guy

The moment never existed.


44 posted on 01/21/2021 10:57:09 AM PST by CharlesWayneCT
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To: joshua c

yes..he needs to do it and seek massive damages


45 posted on 01/21/2021 11:01:42 AM PST by magna carta (TX all you have to do is send an email to principal with a witness included on the communication.)
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To: CincyRichieRich

I was going to write something ‘smart’ but I felt in my spirit I shouldn’t. I hope you’re right, I believe you’re wrong and that you were lied to by what has to be a massive Leftist disinformation campaign meant to make Conservatives do nothing but ‘wait and wish’ for the ‘big reveal’ on X date.

And when X date doesn’t happen (the first date according to Q was the casting of EC votes on the 14th of December) then date Y is given (the counting of EC votes on the 6th of January), and when that comes and goes there is date Z (the National Guard is there to arrest Liberals, and Biden will never be sworn in on the 20th) ...and the date comes and goes.

Now it seems it has circled back to date A, the 4th of March (at least that one is sufficiently far away that when it arrives many people will have forgotten). And after the 4th of March the (dwindling number of) Q supporters will come with another date where something is supposed to happen.

It’s all a lie, and a lie from the Left. Q was comprised of good Conservatives that were misled by a Leftist psyops. ‘Trust the Plan’ was simply meant to make people do nothing because of some nonexistent plan. The ‘Kraken’ was the same thing, meant to provide hope and make people placid (and time pass). Same thing about shootouts in Frankfurt between the CIA and Delta, hackers in Rome, Hugo Chavez machines, etc.

It was all to soak time and resources towards avenues that were never going to yield return.

Anyway, if you have read this far I hope (sincerely) you are right. I however fear you’re a victim of a massive disinformation campaign. A campaign that is now (since the election and inauguration are over) meant to make Conservatives continue to be placid as Biden consolidates power and appoints his Cabinet (plus as they continue their crazy impeachment of President Trump).

That is why they have you believing it is March 4th. Over 40 days away! Enough for Biden to have made a LOT of actions.

I hope you’re right. I believe you’re wrong. Time will tell, but I fear that is exactly what the Left wants and is counting on.

God bless.


46 posted on 01/21/2021 11:06:08 AM PST by spetznaz (Nuclear-tipped Ballistic Missiles: The Ultimate Phallic Symbol)
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To: White Lives Matter
No.

It doesn't even matter whether there is a valid legal case. Validity is only relevant if there is a court that will rule on the law, the evidence, and the merits. Congress accepted the Electoral College fraud. The Supreme Court dodged the question. It is finished.

47 posted on 01/21/2021 11:20:53 AM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: White Lives Matter

And they will file trumped up charges to have him arrested, threaten him etc. New York At has open case for Trump foundation etc. They will threaten any lawyer or firm who represents him.


48 posted on 01/21/2021 11:23:21 AM PST by Engedi
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To: Boogieman; White Lives Matter
"and Congress can’t override the plain language of the US Constitution, which says that a sitting President can only be removed by impeachment or the 25th amendment process. "

"President." As in, "legally" President. That's the key term.

This has nothing to do with Congress "overriding" the Constitution.

Quo Warranto is there to allow challenges to the legitimacy of the person holding office in D.C. (i.e. not just office of President), that they are holding office without authority due to fraud, etc. Therefore, they are a usurper and not actually, legally President.

Chapter 35. Quo Warranto
Subchapter I. Actions Against Officers of the United States.

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.


https://code.dccouncil.us/dc/council/code/titles/16/chapters/35/#:~:text=%C2%A7%2016%E2%80%933544.&text=In%20a%20quo%20warranto%20proceeding,if%20either%20party%20requests%20it.

Boiling it down...

Impeachment is used to remove a President who was legally sworn in.
A Writ of Quo Warranto is used to remove a person who was illegally sworn into the office.

Now, whether Trump...or anyone else injured by the election fraud, files a Quo Warranto and whether we truly have a fair and equitable justice system is an entirely different matter.

49 posted on 01/21/2021 11:41:14 AM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: spetznaz

That is why they have you believing it is March 4th. Over 40 days away! Enough for Biden to have made a LOT of actions.

I hope you’re right. I believe you’re wrong. Time will tell, but I fear that is exactly what the Left wants and is counting on.

God bless.
...
Consider: Biden is illegitimate in voting fraud, and, illegitimate in the inauguration was taped, done before. So when PDJT returns, anything he has done is likewise, illegitimate, so reverts to where PDJT left off when he stepped away.


50 posted on 01/21/2021 11:46:19 AM PST by CincyRichieRich (WHEN TYRANNY BECOMES LAW, REBELLION BECOMES DUTY 1-6-21, American Revolution II Began)
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Comment #51 Removed by Moderator

Comment #52 Removed by Moderator

To: White Lives Matter

Hopium ad trumpium. Delusional thinking seems to be taking control of conservative minds. Donald Trump played a massive bluff (EO13848 / cica 2018). The globalist aiming to take America down just called his bluff and raised the pot with more than a million counterfeit ballots. So Trump folded, leaving US to pay his debts. Folks, Trump betrayed US. The sooner we acknowledge that reality the sooner this trumpia hopium will stop diverting attention.


53 posted on 01/21/2021 12:14:47 PM PST by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: Old Bircher

Because the internet is a perfect substitute for an actual law school?
_________________________________
Because time and advice are my stock in trade.


54 posted on 01/21/2021 12:15:37 PM PST by esquirette ("Our hearts are restless until they find rest in Thee." ~ Augustine)
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To: White Lives Matter

“To obtain quo warranto against a federal official, an interested party must petition the Attorney General of the United States to institute a proceeding in federal district court. D.C.Code §§ 16–3501–02. If the Attorney General declines, the interested party can petition the court to issue the writ instead. D.C.Code § 16–3503. Both the Attorney General and the court, however, have “broad discretion” to decline to make use of quo warranto. Andrade, 729 F.2d at 1498.”

SW Gen., Inc. v. N.L.R.B., 796 F.3d 67, 81 (D.C. Cir. 2015), aff’d, 137 S. Ct. 929 (2017)


55 posted on 01/21/2021 12:16:37 PM PST by esquirette ("Our hearts are restless until they find rest in Thee." ~ Augustine)
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To: esquirette

“W]e have held that collateral attacks on an official’s authority are permissible when two requirements are satisfied: First, the plaintiff must bring his action at or around the time that the challenged government action is taken. Second, the plaintiff must show that the agency or department involved has had reasonable notice under all the circumstances of the claimed defect in the official’s title to office.”

SW Gen., Inc. v. N.L.R.B., 796 F.3d 67, 81–82 (D.C. Cir. 2015), aff’d, 137 S. Ct. 929 (2017)


56 posted on 01/21/2021 12:20:41 PM PST by esquirette ("Our hearts are restless until they find rest in Thee." ~ Augustine)
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To: Vaduz

Trump still has a legitimate challenge in court based on the massive alleged fraud prevalent in the 2020 election.


He may have cases, but *nothing* gets him to the Presidency without either an election, or some congressional votes - and not directly.


57 posted on 01/21/2021 12:22:20 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: esquirette; White Lives Matter
9th Circuit: Drake v. Obama, 664 F.3d 774 (2011)
D.C.Code § 16-3501 (emphasis added). Under § 16-3502, only the Attorney General of the United States or the United States Attorney for the District of Columbia can initiate a proceeding for issuance of a writ of quo warranto "on his own motion or on the relation of a third person," and if the writ is brought on behalf of a third person, it may only issue by leave of the District Court for the District of Columbia. D.C.Code § 16-3502. "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."D.C.Code § 16-3503.

Plaintiffs concede that the District Court for the District of Columbia is the proper venue to issue a writ of quo warranto under D.C.Code § 16-3503, but argue that their efforts to file there have been frustrated because the Attorney General and the United States Attorney for the District of Columbia have not responded to their requests.

The District Court properly dismissed Plaintiff's quo warranto claims under D.C.Code § 16-3503, because the proper venue to file such claims against the President of the United States would be the District of Columbia.

 

Chapter 35. Quo Warranto.
Subchapter I. Actions Against Officers of the United States.

§ 16–3503. Refusal of Attorney General or United States attorney to act; procedure. - 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 on his compliance with the condition prescribed by section 16-3502 as to security for costs.

https://code.dccouncil.us/dc/council/code/titles/16/chapters/35/#:~:text=%C2%A7%2016%E2%80%933544.&text=In%20a%20quo%20warranto%20proceeding,if%20either%20party%20requests%20it.

§ 16-3502 - Proceeding may be instituted by the Attorney General or the U.S. Attorney without leave of the District Court.

§ 16-3503 - If the AG or U.S. Attorney do NOT bring the case, then any attorney can act in the name of the United States.

58 posted on 01/21/2021 12:48:12 PM PST by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: lepton

An election (possible), or some congressional vote (impossible)
If an election were held his numbers would triple now that the public has seen how Biden’s actions today went.


59 posted on 01/21/2021 2:16:33 PM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: White Lives Matter

Nope


60 posted on 01/21/2021 4:35:22 PM PST by newzjunkey (America First - bring on Giant Meteor in 2021)
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