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NBC - Quo Warranto Legal Brief

 
 
 
 
 
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A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States 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. The proceedings shall be deemed a civil action.

The federal statute for quo warranto was tailor made by the legislature to challenge any person occupying any public office of the United States under questionable title thereto.

This legal brief considers all relevant issues pertaining to the proper legal use of the extraordinary writ of quo warranto to determine Presidential eligibility. The brief will be sent via regular and certified mail to Attorney General Eric Holder as well as to the current US Attorney for the District of Columbia, Mr. Jeffrey Taylor (no longer in office), along with an open letter requesting their direct attention to the issues contained herein.

Please note from the start that only one of these officials need bring the action in quo warranto. The applicable statute vests both officials with the same mutually exclusive authority to do so. The statute requires either/or, not both. And the statute also provides a separate mechanism by which their official consent is not necessary to an action in quo warranto where the “third person” petitioning for the writ is also an “interested person”.

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07/09/2009

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