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I have only recently learned about this, so I am not going to attempt to explain it myself. I have no background in law. However, it's spelled it rather well in these blog posts:
To summarize inadequately (which I just said I was not going to do), President Trump has standing as a specially interested party to file a quo warranto action in the DC District Court, which has jurisdiction for claims that someone in federal office is there illegally. Furthermore, he has a right to have the case heard by a jury.
Just because a thief temporarily got away doesn't mean he can't be tried down the line.
Status:
"I don't understand. But I don't care, so it works out."
(set 10 days ago)
35,636 posts, read 17,982,736 times
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Quote:
Originally Posted by ApartmentNomad
I have only recently learned about this, so I am not going to attempt to explain it myself. I have no background in law. However, it's spelled it rather well in these blog posts:
To summarize inadequately (which I just said I was not going to do), President Trump has standing as a specially interested party to file a quo warranto action in the DC District Court, which has jurisdiction for claims that someone in federal office is there illegally. Furthermore, he has a right to have the case heard by a jury.
Just because a thief temporarily got away doesn't mean he can't be tried down the line.
People who create websites that are black background with tiny white or yellow writing don't want people over the age of about 30 reading it.
Not going anywhere. The USSC will instantly throw it out noting the Constitution has a specific formula for removing a President which overrides any other procedure.
As a nerdy lawyer, I had to dredge this up (ignoring your links, nothing personal, but they’re usually pretty ignorant), and yeah, they’re right! (At least in theory...see below) section 35-1601 of the DC Code. It says, in part, that it can be brought...
against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military.
Yep, President falls into that. It would have to be “unlawfully holds” because Biden didn’t usurp or intrude (you have no idea how hard this is to one-finger type this with a big, home-made margarita inside me). But unlawfully hold? Sure, why not? I suspect Trump is the only person who could bring such an action, but then again that could be the margarita talking.
Anyway, I hope someone (else) is/are up for this shibboleth or cudgel or whatever the f*** it is and fork over the filing fees, if only for my personal amusement. But if they want my expert opinion on quo warranto suits, I can be reached at go****yourself@geemale.com.
Status:
"I don't understand. But I don't care, so it works out."
(set 10 days ago)
35,636 posts, read 17,982,736 times
Reputation: 50678
Quote:
Originally Posted by cyrano
As a nerdy lawyer, I had to dredge this up (ignoring your links, nothing personal, but they’re usually pretty ignorant), and yeah, they’re right! (At least in theory...see below) section 35-1601 of the DC Code. It says, in part, that it can be brought...
against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military.
Yep, President falls into that. It would have to be “unlawfully holds” because Biden didn’t usurp or intrude (you have no idea how hard this is to one-finger type this with a big, home-made margarita inside me). But unlawfully hold? Sure, why not? I suspect Trump is the only person who could bring such an action, but then again that could be the margarita talking.
Anyway, I hope someone (else) is/are up for this shibboleth or cudgel or whatever the f*** it is and fork over the filing fees, if only for my personal amusement. But if they want my expert opinion on quo warranto suits, I can be reached at go****yourself@geemale.com.
In California, you have to have the approval of the state AG to file this.
I couldn't find a link about whether the US AG would have to approve a Quo Warranto on a national level.
OP, Quo Warranto is one of the prerogative writs, at least in Ohio, that the Ohio Supreme Court and Court's of Appeals have Original Jurisdiction in, also writs of habeas corpus, mandamus, procedendo, prohibition, so it is well known in legal circles.
Let's address the Federal Courts, QW was never intended to, nor it will never, be filed to oust a President sworn in to office.
Let's assume the US Attorney General did file such suit behind Biden's back, not only would he be fired, the suit would be fatally defective.
It can't be brought by a private individual like some other writs.
Well...after revisiting the DC Code, section 16-3502 generally requires the suit to be brought by the Attorney General or the United States Attorney (presumably of the District of Columbia), but 16-3503 provides a procedure by which the relator (i.e., Donald J. Trumpf, aka Donald Trump) could prosecute the suit anyway if both officers refuse, by posting a bond to guarantee the president’s, er, defendant’s, legal fees and costs in the event relator loses....
Which, I hate to break it to the O.P., would happen quickly by dismissal, prolly by summary judgment or dismissal, when defendant’s lawyers produce either the original or a certified copy of the certificate of the President of the Senate that defendant in fact was the duly elected President-elect of the (dis)United States, subject only to taking the oath of office at 12 noon EST on January 20, 2021.
But it’d be fun while it lasted, so long as I had certified funds from the relator in a sufficient amount, deposited safely in my trust account. I only do pro bono work for the people who really need it, and who I like.
lawsuit trump has kept an army of lawyers busy his entire life...go for it Donny!
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