If the court is presented with a proper case regarding Obama’s failure to uphold the Constitution, then the court will be able to hear it on the merits. Until then, Obama gets away with his lies. Fair? Nope.
***
That is why someone should bring a case for a writ quo warranto.
The DOJ attys mention quo warranto and minimize
its use in this case. Check the link to their
Motion I posted above.
Yep!
The question of whether a quo warranto writ should issue in this case clearly involves nonjusticiable political questions, as discussed above. In addition, Plaintiffs’ attempt to invoke the writ suffers from numerous serious flaws that preclude this Court’s jurisdiction.
The authorizing statute for the District of
Columbia sets forth a number of requirements, including a
requirement that any quo warranto action be heard by the United States District Court for the District of Columbia. See D.C. Code Sections 16-3501 through 16-3503. Indeed, Plaintiffs acknowledge this requirement in their pleading, but seek to have this Court ignore it because of their apparent dissatisfaction with the precedents in the District of Columbia. See FAC at 35-36.4
Accordingly, for all of the reasons set forth above, this
Court lacks subject matter jurisdiction in re Plaintiffs’ claims and causes of action purporting to sound in Quo Warranto.
My Seizethecarp analysis:
DOJ concurs with Leo Donofrio that the US District Court for DC is the only court where a quo warranto action can be heard.
DOJ attempts to derail any quo warranto filing in DC by asserting that “…whether a quo warranto writ should issue in this case clearly involves nonjusticiable political questions…”
DOJ is attempting to define any legal proceedings regarding whether or not Obama was eligible or is now ineligible based on new evidence, or may have hid his ineligibility as litigation of a nonjusticiable political question.
Nonjudiciable political questions are questions that can only be resolved by impeachment in the House and trial in the Senate and cannot be brought as a quo warranto action, according to DOJ.
Of course, this DOJ theory of presidential immunity to quo warranto has never been tested. This will be their defense if an action is brought in DC District Court.