Quo warranto is only available in DC. That’s the law. Carter correctly stated the law.
I’m not sure that the DOJ said it did not apply to POTUS. What was alleged to have been said in Carter’s court and what is in the transcript is often two entirely different things.
You keep referring to Donofrio’s quo warranto case. Where is it? Is he going to file it this decade?
I am sure. I was referring to the actual court reporter's transcript, not the amateur eyewitness version.
DOJ went on at length about how unlike other federal officials POTUS was vetted by electors and the Congress.
Donofrio missed this at first and mistakenly posted an article claiming that DOJ affirmed that the POTUS could be subject to quo warranto in DC. I cut and pasted from the transcript to him showing he was wrong, which he declined to post on the blog.
Then later, after Judge Carter affirmed DC quo warranto for POTUS, Donofrio posted a correct story reporting that the DOJ’s claim that QW didn't apply to POTUS had been refuted by Judge Carter.
Donofrio is about two weeks overdue from when he said he would file the QW. If it remains to his clients advantage, I believe he will file it. If he can use refraining from filing QW as a bargaining chip to his clients advantage to leverage a settlement, he will be ethically bound not to file it.
As luck would have it, in a related thread the exact portion of the transcript has been posted with Mr. West arguing for the DOJ defense team:
THE COURT: Now, I understand a
08:57 4 quo warranto going to the D.C. Circuit. But is that your
08:57 5 position also, that if there ever was a resolution by a
08:57 6 Court, that it should be in the D.C. Circuit?
08:57 7 MR. WEST: I don’t believe that quo warranto is
08:57 8 applicable to the President of the United States. I would
08:57 9 not concede that.
08:57 10 However, if it were, the only statute that we know
08:57 11 of that would cover this kind of a situation would be the
08:57 12 D.C. statute. But I think that we’re not conceding at all
08:57 13 that quo warranto would apply to the President of the
08:57 14 United States.
As can be seen from this record, the DOJ can be expected to request that the DC Circuit dismiss any Donofrio filing of quo warranto. Just because Judge Carter ruled that quo warranto was to right place for the Taitz/Kreep quo warranto doesn't mean that the DC Circuit will agree, so there is the first appeal to expect from any Donofrio QW filing.
Then, if DOJ fails to dismiss QW on that basis and the matter goes to a jury, DOJ will claim that the HI short-form COLB, as a self-authenticating document under the FRE, should be entirely sufficient to prove Obama’s HI birth. Donofrio will assert that “best evidence” under FRE requires release of HI original vital records from birth including all amendments.