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Attorney General Holder - Quo Warranto Request
Defend Our Freedoms Foundation ^ | March 2, 2009 | Orly Taitz, Esq

Posted on 03/02/2009 11:07:14 AM PST by Calpernia

Attorney General, Eric H. Holder Jr.

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001 USA

March 1, 2009

Honorable Attorney General Holder

Re: Request a Special Assistant for the United States to relate Quo Warranto on Barack Hussein Obama, II to Test His Title to President before the Supreme Court

Relators, Major General Carroll Childers, Ret; Lt. Col Dr. David Earl-Graef; Navy and Police officer Mr. Clinton Grimes; Lt. Scott Easterling, currently serving in Iraq; Major James Cannon, US Marine Corps, Ret; New Hampshire State Representative Mr. Timothy Comerford; Tennessee State Representative Mr. Frank Nicely, State of Alabama 2008 electoral college elector Mr. Robert Cusanelli bring information for Quo Warranto on Barack Hussein Obama, II, testing his title to President per attached relation. Relators include:

Robert Cusanelli, Elector for 7th District, State of Alabama, in the 2008 Electoral College;

Frank Nicely, State Representative of Tennessee in his official capacity;

Timothy Comerford, State Representative of New Hampshire in his official capacity;

Major General Carroll Childers, 29th Infantry Div VA retired, lifetime subject to recall; Numerous decorations

1st Lt. Scott R. Easterling OD LG US Army on active duty in Iraq;

Clint Grimes, Sergeant Long Beach Police Officer & CDR/0-5 US Navy (Active Reserve). Numerous decorations, including two National defense medals, two Navy commendation medals

Dr. David Earl-Graef, Lieutenant Colonel Air Force MC, Military Surgeon- Active Reserve. Numerous decorations including Air Force outstanding unit with valor.

James Cannon Major US Marine Corps, Ret, lifetime subject to recall. Numerous awards, including Bronze Star with combat V and two Purple Hearts

Relator’s oath of office grants standing. Relators are affected by actions of Respondent Obama and the outcome of this Quo Warranto, and thus have interest above citizens.

Information on Quo Warranto against a Federal Officer is normally related to the Attorney General to raise on behalf of the United States in U.S. District court of the District of Columbia per DC Code 16-3502. However, the Attorney General defends the office of President and is appointed by the President. For the Attorney General to bring Quo Warranto on the President raises an intrinsic conflict of interest. USAM 3-2.170 Historically, a Special Prosecutor or Independent Counsel was appointed to eliminate such conflicts of interest, e.g., Attorney General Elliot Richardson appointed Archibald Cox as the Watergate Special Prosecutor over issues touching on President Nixon.

This information on Quo Warranto includes action between the United States ex rel. and the State of Hawaii over original birth records of Barack H. Obama II being withheld per Hawaii’s privacy laws. Hawaii’s action obstructs the constitutional duties of election officers to validate or evaluate President Election Obama qualifications to become President under U.S. CONST. art II - 1 and Amend. XX – 3.

As President Elect, Respondent Obama failed to submit prima facie evidence of his qualifications before January 20, 2009. Election officers failed to challenge, validate or evaluate his qualifications. Relators submit that as President Elect, Respondent Obama failed qualify per U.S. CONST. Amend. XX – 3.

Such negligence and misprision threaten to nullify these essential safeguards. Thus Relators request this Quo Warranto be related to the Supreme Court under its original jurisdiction.

Enclosed is a summary motion for leave to file Quo Warranto on Barack Hussein Obama II aka Barry Soetoro, with the Supreme Court. The list of Questions Presented is attached. A full brief supporting this motion is in preparation.

1) Relators respectfully pray that the Attorney General recuse himself over bringing this Quo Warranto for the United States on Barack H. Obama II, by reason of intrinsic conflict of interest.

2) Relators pray the Attorney General appoint a Special Assistant (prosecutor) of Archibald Cox’s reputation and expertise, to relate this Quo Warranto to the Supreme Court per 28 USC 543.

3) Relators request that their attorney, Orly Taitz, ESQ DDS, assist in relating this Quo Warranto, being recognized at bar before the Supreme Court.

4) Relators further request the assistance of Patrick Fitzgerald, United States Attorney General for the Northern District of Illinois, as having familiarity with issues involving Barack H. Obama II while Senator from Illinois and as President Elect.

5) Relators request guidance from the Attorney General, within one week of receipt of this information, regarding his decision on whether to appoint such a Special Assistant.

With respect, in absence of such guidance, Relators will proceed to request leave from the Supreme Court to relate information for this Quo Warranto on Mr. Obama to test his title.

Yours Sincerely,

Orly Taitz, ESQ

Attorney for Relators

Encl. Motion to Supreme Court for leave to relate Quo Warranto on Barack Hussein Obama II, testing his title to the Federal office of President.


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: bho2009; bho44; militaryaction; obama
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To: egfowler3
“Earlier posts here on FR have indicated she wanted them to speak to their relevant SJA offices to determine where they might stand and what legal support they might need before signing up to be a part of this action.”

What posts did Orly make here on FR?

I've seen no posts on FR or on Orly's Blog where Orly advised anyone to consult with an attorney knowledgeable about Military Law.

I noticed that since the Military.com article about Orly and Easterling that she has changed her Consent Form but it is too late for her to protect Easterling and the other Military Officers whom Orly has exposed on her Blog.

41 posted on 03/02/2009 11:30:55 PM PST by FreeManN (www.ObamaCrimes.info & www.usjf.net)
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To: seekthetruth; hoosiermama; Red Steel; True Republican Patriot; Frantzie; BP2; Star Traveler

National Association of Military Defense Lawyers

For any Military Officers with questions about how to proceed in a case against Bo.

Go here for answers to your Questions:

http://www.namdl.org/


42 posted on 03/03/2009 9:56:08 AM PST by FreeManN (www.ObamaCrimes.info & www.usjf.net)
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To: FreeManN

I am sending them a letter. I worry about Lt. Easterling and Orly. Orly needs a qualified and experienced American attorney running her cases.

Thanks for posting. Maybe we can raise funds to get one of their attorneys to take a military case to SCOTUS.


43 posted on 03/03/2009 9:59:28 AM PST by Frantzie (Boycott GE - they own NBC, MSNBC, CNBC & Universal. Boycott Disney - they own ABC)
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To: egfowler3

She probably should have tried to find a ex-JAG attorney who is in practice now to help her out on this issue with our soldiers. This has to be done correctly and soon.


44 posted on 03/03/2009 10:01:58 AM PST by Frantzie (Boycott GE - they own NBC, MSNBC, CNBC & Universal. Boycott Disney - they own ABC)
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To: rxsid

The BO supporters at NBC would not have sent this story about Orly and Lt. Easterling to all their TV Stations across the US unless they wanted to publicize Orly’s Military Cases because BO’s lawyers set her up knowing that Orly was not an experienced enough lawyer to win a case against BO.

http://www.nbcchicago.com/news/us_world/US-Soldier-Calls-Obama-an-Impostor.html


45 posted on 03/03/2009 12:49:35 PM PST by FreeManN (www.ObamaCrimes.info & www.usjf.net)
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To: Kevmo

does the attorney general serve a man, or an office?


46 posted on 03/04/2009 7:17:57 AM PST by silverleaf (Freedom's just another word for "nothing left to lose")
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To: 1000 silverlings

U.S. Supreme Court
Newman v. United States ex Rel. Frizzell, 238 U.S. 537 (1915)
Newman v. United States ex Rel. Frizzell

No. 813

Argued April 13, 1915

Decided June 21, 1915

238 U.S. 537

ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

In quo warranto proceedings brought in the name of the United States on the relation of a citizen and taxpayer of the District of Columbia for the purpose of ousting from the office of Civil Commissioner of the District one appointed by the President and confirmed by the Senate on the ground that he was not, as required by the Act of June 11, 1878, c. 180, § 1, 20 Stat. 103, an actual resident of the District of Columbia for three years next preceding his appointment, held that:

In early days, usurpation of office was treated as a crime, and could be prosecuted only as such and by duly authorized prosecuting officer, and a private citizen could not prosecute such a proceeding.

Subsequently, after modification of the criminal features, the writ of quo warranto came to be used as a means of determining which of two claimants was entitled to an office.

Under the District Code of 1902, quo warranto is not limited to proceedings against municipal officers, but extends to all persons in the District exercising any office, civil or military; these provisions never having been judicially interpreted heretofore, this

Page 238 U. S. 538

case must be determined according to the special language of that Code in the light of general principles applicable to quo warranto.

Owing to the many reasons of public policy against permitting a public officer to be harassed with litigation over his right to hold office, Congress has not authorized, but has placed obstacles in the way of, a private citizen on his own motion to attack an incumbent’s title to office.

Under the District of Columbia Code, a third person may not institute quo warranto proceedings without the consent of the law officers of the government and also of the Supreme Court of the District.

The District Code makes a distinction between a “third person” and an “interested person” in maintaining quo warranto proceedings.

While every citizen and every taxpayer is interested in the enforcement of law and in having only qualified officers execute the law, such general interest is not a private but a public interest, which is not sufficient to authorize the institution of quo warranto proceedings.

The mere fact that one is a citizen and taxpayer of the District of Columbia does not make him an interested party who may maintain quo warranto proceedings against the incumbent of an office on the consent of the court, although the law officers of the government refuse such consent.

An interested person within the meaning of the provisions of the District Code in regard to quo warranto proceedings is one who has an interest in the office itself peculiar to himself whether the office be elective or appointive.

Unless the right to maintain quo warranto proceedings under the District Code were limited to persons actually and personally interested, every officer attached to the government at Washington would be subject to attack by persons having no claim in the office or interest therein different from that of every other citizen and taxpayer of the United States.

As §§ 1538-1540, Code District of Columbia, apply to actions in quo warranto instituted by authorized parties against national officers of the United States, they are general laws of the United States, and not merely local laws of the District of Columbia, and the judgment of the Court of Appeals of the District construing those sections is reviewable by this Court under § 250, Judicial Code.

43 App.D.C. 53 reversed.

Page 238 U. S. 539

The President, on June 23, 1913, nominated Oliver P. Newman as Civil Commissioner of the District of Columbia. The nomination was referred to a standing committee of the Senate. Certain persons filed objections to the confirmation on the ground that “Newman had not been an actual resident of the District for three years immediately prior to his nomination,” and therefore was not qualified to hold the office under the provision of the Act of 1878 [Footnote 1] (20 Stat. 103, § 1).

At the hearing before the committee, there was testimony that Newman, who was a newspaper correspondent, came to Washington in March, 1910, with the intention of becoming a resident of the District. He rented an apartment in which he resided until the opening of the Presidential Campaign, in the summer of 1912. He was then assigned to newspaper work which took him out of the city. He accepted the employment upon the understanding that it was a temporary arrangement and that he was to return to Washington as soon as the campaign was over. In the discharge of his duties as correspondent, he was absent in Chicago and other places until the inauguration. He then returned to Washington and was there living when, on June 23, 1913, he was appointed one of the Civil Commissioners of the District. The committee made a favorable report, and he was then confirmed by the Senate.

Thereafter, William J. Frizzell called the attention of the Attorney General and the district attorney to facts which, he insisted, “proved that Newman had not been an actual resident of the District for three years next preceding his nomination.” On the basis of such facts,

Page 238 U. S. 540

he requested those officers to institute quo warranto proceedings for the purpose of ousting Newman from the office. Both officers declined the request, and thereupon Frizzell, alleging himself to be a citizen and a taxpayer of the District, applied to the Supreme Court of the District for permission to use the name of the government in quo warranto proceedings. The court granted the request, and thereupon this case of the “United States on the relation of William J. Frizzell v. Oliver P. Newman” was instituted.

The respondent demurred on many grounds, among others, that Frizzell was not an interested person, and that the court could not go behind the finding of the President and of the Senate that Newman was qualified. The demurrer was overruled and the case submitted to the jury to decide the question of fact as to Newman’s residence. Testimony was taken explanatory of his absence from Washington on newspaper work. The court, among other things, charged the jury that there was a difference between “legal residence” and “actual residence.” Under the charge, the jury found against Newman. The judgment ousting him from the office was affirmed by the Court of Appeals of the District, one judge dissenting.

The case is here on a writ of error which raises several important questions which, however, cannot be decided if, under the laws of the District of Columbia, Frizzell, as a private citizen, was not authorized to institute this proceeding to test the title to a public office to which he himself made no claim.

Page 238 U. S. 543

MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the Court.

1. Usurpation of a public office from an early day was treated as a crime, and, like all other crimes, could be prosecuted only in the name of the King by his duly authorized law officers. When a judgment was obtained against the intruder, he was not only ousted from his office,

Page 238 U. S. 544

but fined for his criminal usurpation. A private citizen could no more prosecute such a proceeding in his own name than he could in his own name prosecute for the crime of murder, even though the victim was his near kinsman.

2. But, in time, the criminal features were modified, and it was recognized that there might be many cases which, though justifying quo warranto proceedings, were not of such general importance as to require the attorney general to take charge of the litigation. This was especially true in reference to the usurpation of certain municipal offices named in 9th Anne, c. 20. By that act, passed in 1710, it was therefore provided that it should be lawful

“for the proper officer, by leave of the court, to exhibit an information in the nature of a quo warranto at the relation of any person desiring to prosecute the same”

against the designated municipal officers. The writ thus came to be used as a means of determining which of two claimants was entitled to an office, but continued to be so far treated as a criminal proceeding as to warrant not only a judgment of ouster, but a fine against the respondent if he was found to have been guilty of usurpation. Standard Oil Co. v. Missouri, 224 U. S. 282. This quasi-criminal act was adopted in some of the American states, and formed the basis of statutes in others. It does not seem ever to have been of force in any form in the District of Columbia. Torbert v. Bennett, 24 Wash.Law Rep. 156.

In 1902, Congress adopted a District Code, containing a chapter on quo warranto which, though modeled after the English statute, differed therefrom in several material particulars. The writ was treated as a civil remedy; it was not limited to proceedings against municipal officers, but to all persons who in the District exercised any office, civil or military. It was made available to test the right to exercise a public franchise or to hold an office in a private corporation. Instead of providing that “any person desiring to prosecute” might do so with the consent

Page 238 U. S. 545

of the court, certain restrictions were imposed and one enlargement of the right was made. These provisions [Footnote 2] have never received judicial interpretation. This case must therefore be determined according to the special language of that Code, in the light of general principles applicable to quo warranto, — the prerogative writ by which

Page 238 U. S. 546

the government can call upon any person to show by what warrant he holds a public office or exercises a public franchise.

3. The District Code still treats usurpation of office as a public wrong which can be corrected only by proceeding in the name of the government itself. It permits those proceedings to be instituted by the Attorney General of the United States and by the attorney for the District of Columbia. By virtue of their position, they, at their discretion and acting under the sense of official responsibility, can institute such proceedings in any case they deem proper. But there are so many reasons of public policy against permitting a public officer to be harassed with litigation over his right to hold office that the Code not only does not authorize a private citizen, on his own motion, to attack the incumbent’s title, but it throws obstacles in the way of all such private attacks. It recognizes, however, that there might be instances in which it would be proper to allow such proceedings to be instituted by a third person, but it provides that such “third person” must not only secure the consent of the law officers of the government, but the consent of the Supreme Court of the District of Columbia before he can use the name of the government in quo warranto proceedings.

4. The Code — making a distinction between a “third person” and an “interested person” — recognizes also that there might be instances in which a person might have such an interest in the matter as to entitle him to a hearing, even where he had failed to secure the consent of the Attorney General or District Attorney to use the name of the United States. Section 1540 deals with that case, and provides that, where these law officers have refused the request of a “person interested,” he may apply to the court by a verified petition for leave to have said writ issue. If, in the opinion of the court, his reasons are sufficient in law, the said writ shall be allowed to be

Page 238 U. S. 547

issued in the name of the United States on the relation of said interested person on his giving security for costs.

If the question of Frizzell’s “interest” here had depended upon a matter about which the evidence was in conflict, the finding of the supreme court might not be subject to review. But if the established facts show that, as a matter of law, he was not an “interested person,” the court had no authority to grant him permission to use the name of the government, and the case must be dismissed. So that the fundamental question is whether the law of force in the District permitted him, as a private citizen, without the consent of the law officers, to test Newman’s title to the public office of Civil Commissioner.

Frizzell does not allege that he had been an incumbent of that office and had been unlawfully ousted before his term expired. He does not set up any claim to the office. And, of course, if he, as a citizen and a taxpayer, has the right to institute these proceedings, any other citizen and taxpayer has a similar right to institute proceedings against Newman and all others who “exercise within the District . . . a public office, civil or military.” District Code, §1538(1). Such result would defeat the whole policy of the law, which still regards usurpation as a public wrong to be dealt with primarily by the public prosecutors.

5. In a sense — in a very important sense — every citizen and every taxpayer is interested in the enforcement of law, in the administration of law, and in having only qualified officers execute the law. But that general interest is not a private, but a public, interest. Being such, it is to be represented by the Attorney General or the District Attorney, who are expected by themselves or those they authorize to institute quo warranto proceedings against usurpers in the same way that they are expected to institute proceedings against any other violator of the law.

Page 238 U. S. 548

That general public interest is not sufficient to authorize a private citizen to institute such proceedings, for, if it was, then every citizen and every taxpayer would have the same interest and the same right to institute such proceedings, and a public officer might, from the beginning to the end of his term, be harassed with proceedings to try his title.

6. As pointed out in the carefully prepared opinion of the majority of the Court of Appeals of the District, there is much conflict as to the meaning of the phrase “interested person” in this class of cases. At first reading, the conflict seems irreconcilable. But, upon examination, it will appear that the difference is often due to a difference in the public policy and statutes of the respective states. In some, the writ issues only at the request of the government’s law officers; in others, at the instance of a person claiming the office; in others, at the request of a person claiming the office or interested therein; in others, at the instance of a person interested; in others, at the request of any person who can secure the consent of the court, and in five or six others, the legislature has thrown open the door and permitted any person who desires to do so to use the writ. This is true of the acts underlying some of the decisions relied on by the relator, Frizzell.

For example, the English cases are based on the statute of 9th Anne, c. 20, which, in terms, related to suits against those “who unlawfully exercise an office within cities, towns and boroughs.” It expressly authorized the courts to permit informations in the nature of quo warranto “at the relation of any person . . . desiring to sue or prosecute the same.” Some of the other decisions cited are from states where the statute provides that the proceedings might be instituted at the relation of “any person desiring to present the same;” “upon the complaint of any private party;” “upon the relation of any person desiring to sue or prosecute the same.” But there

Page 238 U. S. 549

are so many and such weighty reasons against permitting private persons to raise questions as to the incumbent’s title to a public office that, even in those states which permit “any person” to institute quo warranto, the courts have always required the relator to show that he was a citizen and taxpayer.

The act of Congress of force in the District, instead of being limited to municipal officers, applies to any office, “civil or military,” and differs from those in any of these states. It specially differs from those which treat the writ as being available to any person. The Code provides that a “third person” — the equivalent of “any person” — may institute the proceedings only after he had secured the consent of the law officers and the court. It makes a distinction between a “third person” and an “interested person,” and provides that, if the Attorney General refuses to give his consent to the latter, such “interested person” may secure the right to use the name of the government by satisfying the Supreme Court of the District that his reasons for applying therefore are sufficient in law.

Frizzell applied to the Attorney General for permission to institute the proceedings. Failing to secure that consent, he then applied to the Supreme Court, claiming that the fact that he was a citizen and a taxpayer made him an “interested person,” entitled to the use of the writ. But such a construction would practically nullify the requirement to obtain the consent of the Attorney General and the District Attorney. For, if being a citizen and a taxpayer was sufficient to warrant the court in giving the consent, it was useless to require an application to be first made to the Attorney General, because practically every litigant would have the qualification of citizenship, and many would have that of being a property owner.

7. Considering the ancient policy of the law and the restrictions imposed by the language of the Code, it is evident that, in passing this statute, Congress used the

Page 238 U. S. 550

words “third person” in the sense of “any person,” and the phrase “person interested” in the sense in which it so often occurs in the law, prohibiting a judge from presiding in a case in which he is interested; preventing a juror from sitting in a case in which he is interested, and permitting interested persons to institute quo warranto proceedings. In the illustrations suggested, the interest which a judge had as a member of the public would not disqualify him from sitting in a case of great public importance and in which the community at large was concerned. The interest which disqualifies a juror from serving, as well as the interest which would authorize this plaintiff to sue, must be some personal and direct interest in the subject of the litigation. The same definition has often been given in quo warranto cases. The interest which will justify such a proceeding by a private individual must be more than that of another taxpayer. It must be “an interest in the office itself, and must be peculiar to the applicant.” Demarest v. Wickham, 63 N.Y. 320; Commonwealth ex Rel. McLaughlin v. Cluley, 56 Pa.St. 270; State v. Taylor, 208 Mo. 442; Robinson v. Jones, 14 Fla. 256; In re Stein, 13 Neb. 529; State ex Rel. Depue v. Matthews, 44 W.Va. 372, 384; Com. ex Rel. Butterfield v. McCarter, 98 Pa.St. 607; State v. Boal, 46 Mo. 528; Brown v. Alderman, 82 Vt. 529; Mills v. State, 2 Wash. 572; Antrim v. Reardon, 161 Ind. 250; Harrison v. Greaves, 58 Miss. 455; Andrews v. State, 69 Miss. 740(3), 746; Tontray v. Budge, 14 Idaho, 639; Hudson v. Conklin, 77 Kan. 764; Vrooman v. Michie, 69 Mich. 47; Dakota v. Hauxhurst, 3 Dak. 205.

The language of the Code, supported by the history and policy of the law, sustains the proposition that one who has no interest except that which is common to every other member of the public is not entitled to use the name of the government in quo warranto proceedings.

Page 238 U. S. 551

For if the allegations in such a suit by a private citizen set out any cause of action at all, it shows on its face that it was a cause of action belonging to the whole body of the public, and which therefore should be prosecuted by the public representative.

The rule is the same regardless whether the office is elective or appointive. For in neither case is there any intent to permit the public office to be the subject matter of private litigation at the instance of one who has no interest therein which differs from that of every other member of the public. The claim that this construction makes the statute nugatory cannot be sustained, for the statute, as already pointed out, gives a person who has been unlawfully ousted before his term expired a right, on proof of interest, to the issuance of the writ, and there might be cases under the civil service law in which the relator would have an interest and therefore a right to be heard.

8. The conclusion that the relator must have a personal interest in the office before he can sue in the name of the United States is strengthened by the fact that the courts of the District not only have jurisdiction to issued quo warranto against officers of the District, but against all those, attached to the seat of government, who held a statutory office. For, if a private citizen and taxpayer could institute quo warranto proceedings to test the title to the office of Civil Commissioner of the District, he could, under the same claim of right, institute like proceedings against any of those statutory officers of the United States who, in the District, exercise many important functions which affect persons and things throughout the entire country.

The President has the power of removal, and there have been few, if any, cases brought to test the title of federal offices. But such cases might arise as to statutory officers attached to the seat of government, and if

Page 238 U. S. 552

they did, the Supreme Court of the District could exercise quo warranto jurisdiction, as it now does in cases of mandamus and injunction against appointed federal officers who perform duties in Washington. This appears from comparing the provisions of Rev.Stat. §§ 1795 and 1796 with § 1538(1) of the District Code. The Revised Statutes declare that the District of Columbia shall be the seat of government, and “all offices attached to the seat of government shall be exercised in the District of Columbia.” The Code (§ 1538(1)) provides that the supreme court shall have jurisdiction to grant quo warranto “against a person who unlawfully holds or exercises within the District a . . . public office, civil or military.” It was probably because of this fact that national officers might be involved that the Attorney General of the United States was given power to institute such proceedings, instead of leaving that power to the District Attorney alone, as would probably have been the case if only District officers were referred to in the Code.

Manifestly, Congress did not intend that all these officers attached to the executive branch of the government at Washington should be subject to attacks by persons who had no claim on the office, no right in the office, and no interest which was different from that of every other citizen and taxpayer of the United States.

9. This fact also shows that §§ 1538-1540 of the District Code, in proper cases, instituted by proper officers or persons, may be enforceable against national officers of the United States. The sections are therefore to be treated as general laws of the United States, not as mere local laws of the District. Being a law of general operation, it can be reviewed on writ of error from this Court. American Co. v. Commissioners of the District, 224 U. S. 491; McGowan v. Parish, 228 U. S. 317.

It follows that the motion to dismiss is denied; the

Page 238 U. S. 553

application for a writ of certiorari is refused, the judgment is reversed, and the case remanded with instructions to dismiss the quo warranto proceedings.

Reversed.

MR. JUSTICE McKENNA and MR. JUSTICE PITNEY dissent.

MR. JUSTICE VAN DEVANTER dissents upon the ground that, the sections of the District Code being local laws, the case cannot be reviewed here on writ of error.

[Footnote 1]

“The two persons appointed from civil life shall, at the time of their appointment, be citizens of the United States, and shall have been actual residents of the District of Columbia for three years next before their appointment, and have, during that period, claimed residence nowhere else. . . .”

[Footnote 2]

“SEC. 1538. Against whom issued. — A quo warranto may be issued from the Supreme Court of the District in the name of the United States —”

“First. Against a person who usurps, intrudes into, or unlawfully holds or exercises within the District a franchise or public office, civil or military, or an office in any domestic corporation.”

“Second. Against any one or more persons who act as a corporation within the District without being duly authorized, or exercise within the District any corporate rights, privileges, or franchises not granted them by the laws in force in said District.”

“And said proceedings shall be deemed a civil action.”

“SEC. 1539. Who may institute. — The Attorney General or the District Attorney may institute such proceeding on his own motion, or on the relation of a third person. But such writ shall not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator shall file a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court may prescribe, conditioned for the payment by him of all costs incurred in the prosecution of the writ in case the same shall not be recovered from and paid by the defendant.”

“SEC. 1540. If Attorney General and district attorney refuse. — If the Attorney General and District Attorney shall refuse to institute such proceeding on the request of a person interested, such person may apply to the court by verified petition for leave to have said writ issued, and if in the opinion of the court the reasons set forth in said petition are sufficient in law, the said writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of said interested person, on his compliance with the condition prescribed in the last section as to security for costs.”

“SEC. 1541. Relator claiming office. — When such proceeding is against a person for usurping an office on the relation of a person claiming the same office, the relator shall set forth in his petition the facts upon which he claims to be entitled to the office.”


47 posted on 03/04/2009 2:56:49 PM PST by FreeManN (www.ObamaCrimes.info)
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To: FreeManN

Interesting read!


48 posted on 03/04/2009 2:59:00 PM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: MHGinTN; pnh102; rxsid; seekthetruth; hoosiermama; Red Steel; True Republican Patriot; Frantzie; ...

Does anyone understand what Orly thinks she will accomplish by sending this letter to AG Holder?

Dr. Orly Taitz ESQ
26302 La Paz Ste 211
Mission Viejo Ca 92691

Ph (949) 683-5411 Fax (949) 586-2082
Eric H. Holder Jr., Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Main (202) 514-2000

Attorney General (202) 353-1555

http://www.usdoj.gov/ag/

USPS Certified Mail, Return Receipt Requested

February 27, 2009

Dear Attorney General Eric H. Holder Jr.,

OPEN LETTER

Demanded investigation and immediate action of criminal activity/crimes:

COUNT ONE: cyberspace crimes;

COUNT TWO: impersonation of a military officer;

COUNT THREE: identity theft of U.S. Army Officer Scott Easterling

COUNT FOUR: libel

COUNT FIVE: defamation of character

COUNT SIX: intimidation

COUNT SEVEN: harassment

COUNT EIGHT: interference with judicial proceedings

COUNT NINE: breaking into the computer system of the Supreme court of the United States

COUNT TEN: voter fraud

COUNT ELEVEN: using cyberspace for voter fraud

COUNT TWELVE: fraud

COUNT THIRTEEN: forgery

COUNT FOURTEEN: and other related crimes


49 posted on 03/06/2009 6:22:47 AM PST by FreeManN (www.ObamaCrimes.info)
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To: FreeManN

Let me get this correct, someone lied and said they where Easterling and stole his identity?


50 posted on 03/06/2009 6:25:41 AM PST by mnehring
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To: FreeManN
Read the letter:

http://defendourfreedoms.org/letterHolder.htm

51 posted on 03/06/2009 6:39:59 AM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Free-man; LucyT; Iowan; Calpernia; Fred Nerks; MHGinTN; et al
You've got to read this letter. It's long, and shocking in what Obama supporters have done to discredit her and Lt. Easerling. I didn't know that someone had created a bogus blog in Easterling's name, and made him out to be a freak.

PING everyone you know.

http://defendourfreedoms.org/letterHolder.htm


52 posted on 03/06/2009 6:50:44 AM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Polarik

I read the whole thing on Orly’s Blog.

It makes no sense. Most of the undefined counts are not stated as Statutory Crimes so I suspect Holder will simply throw Orly’s letter in the trash.

Sending out garbage like this does not help the cause.


53 posted on 03/06/2009 6:53:09 AM PST by FreeManN (www.ObamaCrimes.info)
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To: FreeManN
I agree that it's way over the top, and that it looks like she threw the kitchen sink in it. She has nothing laid out in an orderly fashion, and in support of her list of accusations.

She should have focused only on the defamation of character issues committed against her and her client, Lt. Easterling, because her lawsuit provided the motive for whomever did this.

54 posted on 03/06/2009 7:04:10 AM PST by Polarik ("A forgery created to prove a claim repudiates that claim")
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To: Polarik

Btw, I was on the phone with Orly the day that her tire blew out.

I told Orly that I suspected foul play and I urged her to report it to Law Enforcement. She discounted my concerns saying essentially that she did not think the tire on her car was slashed. Despite her minimizing the blown tire, I persisted in urging her to report it to Law Enforcement. I hope that she did. Evidently, Orly now recognizes that I was correct in my warning to her about the tire.

I also warned Orly that I thought the Lt. Easterling incident was a set-up. Again she disagreed with me. I guess now she realizes that things were not as they seemed to be with Lt. Easterling.

Furthermore, I urged Orly to present the aforementioned evidence to a Grand Jury. Instead she sent this silly letter to the AG. What is she thinking?


55 posted on 03/06/2009 7:13:36 AM PST by FreeManN (www.ObamaCrimes.info)
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To: Polarik; BP2; Beckwith; LucyT; Chief Engineer; metmom; little jeremiah; Kevmo; greyfoxx39; ...
Have you seen the e-mail sent from 'admin' obama conspiracy.org calling Atty Taitz a liar? There was a long 'to' list, so I sent a response to the 'admin' ... and everyone on his 'to' list, like NBC nightly news and Larry King Live:

[[ Bwahahahahaha, you're such a liar, whomever you are, and wholly incompetent. But lying seems to be the only way obama's blind sycophant obamanoids can defend their poseur-in-chief! (obamanoid = obama annoyance droid)

The actual birth certificate has not been shown/seen by anyone reporting on it (to speak of it would violate confidentiality laws), much less any court, since not one case has gone beyond being stamped 'no standing' thus avoiding any discovery phase to expose the Marxist Messiah.

What you obamanoid liars are calling a birth certificate is actually a 'certification of' supposedly an actual birth certificate being on file, issued from wherever. Whomever generated what was the original, before tampering/forgery took place, could have placed whatever upon the document then printed it out. The piece of crap mister Obama has placed on the Internet as his 'proof' of natural born citizenship is not acceptable for legal purposes due to being altered -- the document disclaimer states that changes void it! A retired FBI documents expert has testified as such in court deposition for the Keyes suit in California!

The whine of this e-mail to which I'm responding has the sound of 'if you can't catch us, we aren't breaking the law' ... and obamessiah is getting lots of help in usurping We The People, from the fourth estate turned fifth colum, the liberal judges too frightened to honor their oath of office, and a platoon of 'professional' liars stinking up websites and media with layered lies.

Just as a prominent Chinese man in the 1920's obtained a birth certificate from HI while he was born in China of Chinese citizens, so people over the decades prior to 1982 received HI birth certificates when claiming to be a resident but born 'off the Islands'.

When the supposed newspaper announcements are examined, they too are likely fabrications, with subtle yet discernable differences in spacing from the original texts and the inserted text on Barry Soetoro, er, on Barack Obama (and Barack swore on his Illinois application to the IL Bar that he had used no other name than Barack Hussein Obama).

The quotes obtainable from several of the founders of this Constitutional Republic evidence that the eligibility requirement for President written into the Constitution is aimed at allegiance and is based upon parents' citizenship at the birth of the child (in this light, Gov. Jindal would be ineligible since his parents were both not citizens of the U.S. when he was born here). Trying to twist the meaning so that any anchor baby with foreign citizenship parents can become president is typical of those lying and conniving who hold We The People in contempt for seeking to remain true to the Constitution our founders gave US.

And finally, number three on the list of prevarications sent in the accusatory e-mail is telling of the deceit campaign of obamanoids: the document used as a certification of a BC on file states at the bottom that ANY alteration voids the document's authenticity; the obama campaign has posted an altered document and demands it be accepted as valid for proof of his claim to natural born citizenship. Sadly, most of the elected representatives of the United States have done just that, fallen in line to accept an unacceptable documentation ... some of them doubtless knew the authentication was suspect yet authorized his eligibility anyway.

On a final note, notice please the way this obamanoid goon has twisted the actual statement from Gov. Lingle, to read something she did not state while using some of her phrasing to appear authentic. What she actually conveyed was that Barry's vault copies of documentation are being handled no differently than anyone elses vault copies, in answer to allegations that Gov. Lingle sealed Barack Obama's birth certificate.

This desperation of deceit coming from Barry's lying sycophants is telling ... they know he is likely a fraud, ineligible, and a poseur, thus they will do anything, resort to any deceit to cover for his chicanery because the Constitution does not matter to them so long as they get their man into the office and keep him there by hook or crook. Calling Attorney Taitz a liar then spewing forth a list of blatant lies is quite telling of Obama's defenders. God have mercy upon the United States, because this poseur-in-chief will not, as he mutates the Republic into his vision of a modern socialist state. The fourth estate turned fifth column enemy of We The People makes this coup even more eggregious. ]]

56 posted on 03/06/2009 7:26:34 AM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: Polarik

“As a private citizen I cannot complete this investigation. However you, as the Attorney General, together with FBI, the IRS, the Secret Service, and local law enforcement, can, and have an obligation to, complete it. I would be willing to complete this investigation, if you are willing to grant me a status of a relator-special prosecutor.”

Of all the ill-considered statements in Orly’s letter that one takes the cake.

I advised Orly countless times that she and every citizen, lawyer or not, does indeed have a way to prosecute a crime against them if the Attorney General refuses to prosecute said crime.

THE GRAND JURY. Any citizen can present evidence of a crime to a Grand Jury. You don’t have to be a lawyer to present evidence to a Grand Jury.

Again, it appears that Orly was just not listening when I gave her good advice.

Be that as it may be, does Orly really think that AG Holder is going to make her “a relator-special prosecutor” in this case? LOL!


57 posted on 03/06/2009 7:31:25 AM PST by FreeManN (www.ObamaCrimes.info)
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To: Las Vegas Ron

ping


58 posted on 03/06/2009 8:08:43 AM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: MHGinTN

Woah, thanks for the ping and top of the mornin to ya!....just getting started on the thread and waiting for the usual suspects.


59 posted on 03/06/2009 8:15:06 AM PST by Las Vegas Ron (FUBO, he says we should listen to our enemies, but not to Rush)
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To: Polarik; MHGinTN; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; ...
You've got to read this letter. It's long, and shocking in what Obama supporters have done to discredit her and Lt. Easerling. I didn't know that someone had created a bogus blog in Easterling's name, and made him out to be a freak.

Check out article; #52, #56, too.

60 posted on 03/06/2009 8:16:34 AM PST by LucyT
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