Posted on 02/06/2010 11:17:54 AM PST by Drew68
Order at the link.
Judge Gonzalez's 25 page opinion here.
Should have converted ... to Dem/Lib. Then fight an underground covert war against the regime.
I was reading the keywords and found birthcertificate; birthers; certifigate; chrysler; leodonofrio. How does Chrysler connect to the keywords?
Because the strategy Donofrio and Pidgeon were trying to employ was one that said Obama didn't have the authority to shut down these Chrysler dealers because he isn't eligible to serve as President.
It was a birther case from the beginning,
I’d ask who Donofrio is but then that would stop me from wondering why someone representing Chrysler dealerships legally would be off on a tangent. I’ll quit while I’m ahead and my head doesn’t lapse into a headache.
That was the legal representation for dealerships? Uh oh, headache time.
Nah. Eligibility wasn’t a basis for the filings in this case. That was going to be the quo warranto.
The ultimate goal, as we all know, was to have standing for an eligibility case.
Donofrio’s Motion to Reconsider the Bankruptcy ruling was denied. Donofrio will appeal and/or file quo warranto having exhausted (pre-appeal) that remedy for the Chrysler dealers.
I would think (not a lawyer, but I play one in FR) that this denial by the bankruptcy judge would strengthen the standing of the Chrysler dealers to request, with Donofrio acting as prosecutor, a grant of Writ of Quo Warranto by the DC Court.
No it wasn’t the ultimate goal of this particular case. This case charged “unintentional fraud by the Court.” The ultimate goal was to restore the franchises to the plaintiffs or obtain a settlement. Here’s a link to an overview with additional links to the filings.
The quo warranto to challenge eligibility was separate and apart from this petition for a re-hearing and didn’t depend upon the outcome of this case to establish standing. Had they wanted to, these plaintiffs could have asked for the quo warranto to be filed at any time. They already have a basis to establish standing.
So this ruling is actually a "victory" for Donofrio? I should've guessed...
You are so wrong. The objective was to get the Chrysler Dealers compensation. They didn’t need Quo Warranto to do thattill this silly ruling.
The Judge didn’t deny he was wrong, he said the claim was out of time. He is a laughing stock, and his ruling will no doubt be appealed. The idea that a company the size of Chrysler can be wound up as a result of a mistake by the Judge, and there be no comeback will make US law a joke.
Further, the Judge has made Quo Warranto more likely.
Ping. Chrysler dealers’ petition for a re-hearing is denied. (Donofrio and Pidgeon)
Ah I love “standing”.....It prevents application of the Constitution.. “Standing” is the perfect miscarriage of justice.
Confusion reigns it seems.....
This case is in the Southern District of NY Bankruptcy court. The Quo Warranto case was filed in Dec. in the Washington DC court the only court authorized to persue Quo Warranto.
Yes, it does appear Donofrio and Pidgeon tip-toed around the eligibility issue in this case but wasn't the whole point of representing the Chrysler dealers was to find a mechanism to challenge Obama's eligibility?
I thought that's what all the uncorking of champagne back in December was about?
Yes, essentially that’s why everyone is excited about this case. The plaintiffs would have standing for quo warranto. But you’re correct that there can be no doubt that Donofrio’s ultimate personal goal is to obtain a SCOTUS ruling on Obama’s eligibility.
I don’t think Donofrio ever filed quo warranto, did he?
Not sure but thought he had done so back in Dec. but then I’m not sure. However looking back on google I find nothing but talk of maybe them going to file in the mid Dec. timeframe. It appears they never did or I don’t see anything that so states they did. So apparently they’ve never actually filed in the DC court.
I didn't say "victory".
One of the two separate quo warranto claims Donofrio plans to make requires that a plaintiff show injury in fact directly attributable to a federal officer (Obama).
If the plaintiff hasn't exhausted all remedies for the injury, then a claim of injury in fact is weakened or can be rebutted.
The denial of this long-shot motion to reconsider locks in the injury to the Chrysler dealers caused by Obama's agent, the Car Czar.
By signaling that a request for writ of quo warranto would be coming soon, Chrysler dealers may have been trying to leverage a settlement offer in the bankruptcy case from Obama's team to keep quo warranto from happening.
I suspect that unlike Donofrio, the Chrysler dealers would have preferred a monetary settlement without quo warranto to one that was negotiated only after a messy, risky quo warranto filing.
That didn't happen, so now the path may be clear for Donofrio's quo warranto in DC as the next leverage point to gain a monetary settlement for his clients.
The leverage is that Obama may want to settle rather than have even more independent voters become knowledgeable about Obama's refusal to release his original HI vital records and the implication that he is hiding potential ineligibility.
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