“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)
“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)
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.
§ 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.