Skip to comments.Closed Chrysler dealers to drive Obama's eligibility
Posted on 12/09/2009 1:42:33 PM PST by RobinMasters
Two lawyers have joined forces to assemble a case challenging in U.S. bankruptcy court the federal government's use of Troubled Asset Relief Program funds to bail out Chrysler and in doing so may have created a scenario that finally will bring to a head the issue of Barack Obama's eligibility to be president.
The attorneys are Leo Donofrio, who has launched cases directly challenging Obama's eligibility, and Stephen Pidgeon, who also has worked on the issue.
Their new case questions the authority by which the federal government and administration officials intervened in the auto industry, specifically allocating some $8 billion-plus to Chrysler, which later was forgiven.
Pidgeon told WND the clients in the case are former Chrysler dealers who lost their businesses as part of the "restructuring" of the automobile company. They have been damaged with the loss of their businesses, and the case alleges the Obama administration, through its use of TARP money, influenced Chrysler's outcome.
Donofrio told WND the core issue is the disbursement of TARP funds to the auto maker that were intended to help banks and financial institutions. The previous Treasury secretary had indicated such expenditures were not appropriate, and, in fact, a congressional effort to authorize the expenditures failed, he said.
(Excerpt) Read more at wnd.com ...
P I N G !
I would love nothing better than to see this lowlife bastard removed from office.
If people keeping slinging manure, maybe some with stick, besides any questioning of OdumbO gets under his thin skin.
I don't get it. How?
He’s a usurper, I have no doubt.
Guilty is as Guilty does, and he’s acting as guilty as they come.
This is good news. Hopefully the dealers and their employees plus others will provide any support that Leo and Steve need.
The fact that these dealers had their businesses taken from them and their livelihoods destroyed does not mean they have standing to seek redress from the courts. They must show that they were harmed in order for their case to proceed. The courts recognize that the wise, just and noble Lord Obama does not harm anyone by his actions and this will be the basis on which the lawsuit is dismissed.
“If the president cannot document his eligibility to occupy the Oval Office, his presidential task force had no authority to act at all, the case contends.”
Federal Usurpation used to be a serious offense...but, I think this will hit the same rejection the military cases hit trying to question his authority to deploy...just an opinion...but these things aren’t going away...enough of them might force his hand...good luck guys...I know that my industrial supply business isn’t going to make it much longer with this bstrd in the WH...all those jobs that are gone were my customers...and they are NOT coming back by building three dirt roads...
The last thing I would want see happen is him kicked out and some idiotic “sympathetic” feelings result. I am hoping for a good 2010.
You may be right about that, but think about what alternatives these Chrysler dealers have left if the case is dismissed.These guys have money.
Obama is about to get the Chrysler Dealer Shaft one way or the other.
Ask me whether I’m lovin’ it.
O will declare martial law if they don’t think that ACORN rigged elections can’t secure victory.
Ping to article regarding Donofrio’s new lawsuit on behalf of some Chrysler auto dealers.
You are correct, but the Country will be pulled down also. If he is shown to be a usurper, EVERY order, directive, law, proclamation, etc. will be null and void. It won't be exactly like he never sat in the office, but as close as we can get.
I'm no lawyer, but I guess this time they're trying to find defendents who have standing by actually being harmed by Obama.
When the issue was his general election being disqualified, the courts were not granting standing because people were being "theoretically" harmed. With the military officers refusing orders, again the "harm" was not tangible.
However, these dealers lost their businesses and are (I presume) arguing that Obama selectively targeted some (Republican) dealers for closure, and left the Democrat-supporting dealers intact. That's some serious harm.
The question will be whether the courts will allow an ineligibility argument to what is a financial harm accusation, possibly because the remedy doesn't fit the accusation, that is, removing Obama doesn't return the dealerships back to the defendants.
Actually, my biggest fear is that if he becomes enough of an anchor, the libs will have him killed. Worse yet, they will probably rig things to make it look like some of my fellow right wing gun nuts had something to do with it.
They can then achieve a triple triumph: sympathy, attack on the right, and attack on guns.
As part of the demand for information about the authority used, Donofrio confirmed, there will be questions about Obama’s eligibility to be president. Donofrio contends that since by Obama’s own admission his father never was a U.S. citizen, Obama was born a dual citizen. The framers of the Constitution, he argues, did not consider a dual citizen to be a “natural born citizen” as required for the presidency.
The burden, then, would shift to Obama and his administration officials to document their constitutional authority for their decisions and their handling of taxpayer money.
If the president cannot document his eligibility to occupy the Oval Office, his presidential task force had no authority to act at all, the case contends.
Pidgeon told WND the plaintiffs in the case are the former Chrysler dealers, and their interests will be paramount.
The goal is “to get them restored,” he said, and “put them back where they were before their contracts were rejected.”
“Our clients are not in this action as ‘birthers,’” he said, citing a term used for people who question Obama’s constitutional eligibility. “Our clients are here to seek redress for wrongs.”
But the case may open doors that have been closed in other disputes over Obama’s eligibility. Most previous cases, at one point or another, have been dismissed because the plaintiffs do not have “standing” ? they have not suffered direct injury for which they have a reasonable expectation of seeking redress.
In the case of the dealers, they have suffered financial loss because of circumstances that developed with the government’s intervention in the auto industry.
According to columnist Devvy Kidd, the case is “complicated.”
She explained 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.”
That means quo warranto applies not just to eligibility but to the “exercise” of authority through public office, she said.
She noted the 2nd U.S. Circuit Court of Appeals already has described as “interesting and unresolved” some of the questions raised in a related case that did not involve the dealers. In that case, once again, the appellants did not have “standing.”
“The Chrysler dealers have the requisite injury ? loss of their franchises ? to meet the standing requirements,” she wrote.
The formal paperwork in the filings is expected to be submitted to the courts within days on a motion to reconsider the bankruptcy court’s decisions and the quo warranto pertaining to the authority of Obama and his appointees.
“I don’t get it. How?”
The auto dealers aren’t seeking Obama’s removal from office as a remedy. The quo warranto asks the question “by what authority” does Obama hold his executive office.
But why should this case be different than the military case. Better attorneys???
That question inevitably leads to Obama's removal if he is not eligible. Would this court really want to go there by allowing that line of questioning?
No matter what court this may go to or how friendly the judge, it will end the same way, with an offer the judge cannot refuse. The last one with Judge Carter was too obvious. He went along with the legal process until one day he was induced to hire a Hussein vetted clerk and babbled a bit then threw the case out. Chicago has come to DC and will not leave.
These defendants may have standing because they can demonstrate a unique injury caused directly by the actions of Obama and his administration.
The military plaintiffs were not able to demonstrate any injury, let alone a unique injury. The injury they claimed was theoretical not concrete and particularized.
As a business owner, it is not reasonable to expect the president to put you out of business by fiat.
Quo warranto is the authority granted by the U.S. Congress to the D.C. District Court to examine the eligibility of an executive branch office holder and remove him/her if found ineligible.
If the petitioner can prove to the D.C. District Court that sufficient evidence exists to raise a legitimate question about Obama’s eligibility, then the court can require Obama to answer the question by the authority of the U.S. Congress. If the court finds that Obama does not hold his office by legal means, they can order him to step down or have him removed on the authority of Congress.
The auto dealers arent seeking Obamas removal from office as a remedy. The quo warranto asks the question by what authority does Obama hold his executive office.
If they aren't seeking Obama's removal, what are they trying to gain by asking the question, if the answer to that question ultimately leads to Obama's removal?
Whatever it takes.
I didn't answer your question, did I? The answer is that the court will not take up the question if the petitioner doesn't have extraordinary evidence to suggest that Obama is not an NBC. It will have to be a solid arugment. They may decide to punt to the SCOTUS for a ruling on the definition of NBC by determining that a question of first impression exists.
They seek to determine whether or not the actions of Obama’s Auto Task Force were constitutional. If their actions were unconstitutional, the auto dealers can get their dealership licenses restored and recover financial damages. Obama’s removal from office would be a consequence of the quo warranto rather than a direct remedy for damages.
I can only hope.
Sheesh. If he’s got nothing to hide, just show the birth certificate.
The rest of the article pretty much spelled out what you said.
But the conclusion is that this time around, the plaintiffs have standing because they can show real harm?
These former business owners may want to find more competent attorneys, attorneys who will argue the point of whether or not Obama had the authority as President to essentially put them out of business. They might have an actual fight here. Hiring a couple of birther "citizen attorneys" to argue that Obama has no authority because he's ineligible by virtue of his Kenyan father is guaranteed to get these petitioners laughed out of court. Guaranteed.
Leo Donofrio maintains Obama was born in Hawaii. He's arguing that Obama is ineligible because he was a dual citizen at birth and not a natural born citizen by virtue of his Kenyan father.
As I understand their petition to the bankruptcy court, that's exactly what Donofrio and Pidgeon are arguing. The quo warranto action in D.C. is separate although related. (I could be wrong though.)
ping for later
Impeach Obama! Biden for President!
Nancy Pelosi for Vice President!!!!
Obama broke the law when he invalidated the contracts.
I’m loving it, too. Every time any suit is filed he worries. With the money the dealers have, he might ought to keep looking over his shoulder as long as he is breathing where ever he is. It might be a right-wing gun nut, who saves this republic, but who knows?
Is there a listing of the closed dealer ships and the owner’s political donations and or affiliations?
Yeah Charlie. Whatever works. He gotta go.
It would be great for the country to see a resignation.
But Obama is hooked up to the left big time, and his conduct on Afghanistan shows how they drive the presidency. We need to get rid of the whole damn bunch of them.
McCarthy used hearings. We need something similar but faster.These treasonous b_stards are basically un-American, bent on the destruction of the America that the majority of Americans love.The ship of state has been hijacked.
Whatever works to toss them overboard, I am all for it.
“O will declare martial law if they dont think that ACORN rigged elections cant secure victory.”
Do you have any idea how that would be received here in Texas? Not going to happen here.
Open defiance at the State level would be the outcome to such a declaration.