A Petition for Writ of Quo Warranto to the D.C. Attorney Has Been Filed
Many of those in the Biden Administration postitions may have to immediately step down if they cannnot provide an affadavit to their being swon in...
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Frome the Standard Newswire…
On April 12, 2023, Todd S. Callender, Esq. of Disabled Rights Advocates PLLC, and Kenneth W. Ferguson, Esq. of Ferguson Law, P.A., filed on Petition for Writ of Quo Warranto, on behalf of Petitioner, Lisa McGee, to the US Attorney in the District of Columbia, requesting: 1) true, correct and non-defective required affidavits of Oaths of Office for the appointed and elected cabinet members of the Biden Administration; or the immediate removal of all named parties for failure to abide their this statutory requirement; and 3) if removed, then to void all their official acts ab initio.
Ms. McGee petitions the US Attorney, under their jurisdiction, to require the presentation of said affidavits within ten days proving the constitutional and statutory requirements to hold their office(s) have been met. These individuals include: Director of Center of Disease Control and Prevention and of Toxic Substances and Disease Registry, Rochelle Walensky; U.S. Secretary of Treasury, Janet Yellen; U.S. Secretary of Energy, Jennifer Granholm; Food and Drug Administration, Principal Deputy Commissioner, Janet Woodcock; U.S. Secretary of Health and Human Services, Xavier Becerra; Transportation Secretary, Pete Buttigieg; Secretary of State, Antony Blinken; Secretary of the Department of Homeland Security, Alejandro Mayorkas; Secretary of Education, Dr. Miguel A. Cardona; Secretary of Commerce, Gina M. Raimondo; Department of Justice, Attorney General Merrick Garland; Commissioner of Food and Drug Administration, Robert M. Califf M.D.; Secretary of Labor, Marty Walsh; Deputy Secretary of Labor, Julie Su; and Vice President, Kamala Harris.
Ms. McGee previously sought the required affidavits via the Freedom of Information Act requests (FOIA); and not one of the aforesaid appointees have produced a compliant affidavit consistent with the statute. Either the affidavit(s) are nonexistent, wanting, or the appointee has failed or refused to provide the mandated affidavit to hold their respective offices.
This lack of Constitutional and statutory requirement thereby nullifies, or at a minimum, calls into question the legitimacy of their appointments or positions. The absence of these mandatory Oath of Office affidavits shifts the burden to the appointees to prove to Ms. McGee and the US Attorney their bona fides. The production of these statutorily required affidavits is also required by law.
Missing Oaths of Office will render a majority of the Biden Administration Cabinet unlawful and their official acts from the date of appointment void. Failure to produce the affidavit(s) to the US Attorney will provide the necessary jurisdiction to the Federal District Court of Washington D.C. to issue said Writ Quo Warranto.
Page 4 of the brief describes the federal statute violated is 5 US Code 3332, which is as follows…
An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment (link).
As noted in the filing, individuals who failed or refused to produce an affidavit as required by 5 U.S. Code § 3332, demand that those persons provide the US Attorney and this Court with the compulsory affidavit within ten (10) days (making a deadline of Saturday, April 22nd)
Failing either of the above conditions noted in the brief, then it calls for the individuals to
Immediately terminate their appointments or positions
Render all official acts, bills, laws, regulations, or any official actions whatsoever, including the appointment of any subordinates void ab initio and;
Replace and restore all proper, former office holders until competent replacements can be lawfully appointed.
Be sure to read the full petition for all the implications that are involved.
We will be following thie petition closely
Not holding my breath on this one, for sure. My guess is legal or not, will go nowhere, like all other 'mistakes' of this 'regime'.