2 Parts: Be sure to read the Update below the first article. Article courtesy of NationalFile.com
A new court filing reveals that Kamala Harris, Merrick Garland, and other leading Democrats in the Biden Administration, including Defense Secretary Lloyd Austin, Homeland Security Secretary Alejandra Mayorkis, and Transportation Secretary Pete Buttigieg, have no oath of loyalty to the US Constitution on file, as required by law.
A writ of quo warranto filed in Washington, DC asserts that oaths of office for high-ranking members of Joe Biden’s cabinet are nowhere to be found, in blatant violation of the US Code that requires all elected officials to keep a sworn affidavit of their oath on file, proving their sworn continued allegiance to the United States and the US Constitution.
Filed by attorneys on behalf of petitioner Lisa McGee, the court motion is asking the US Attorney in the District of Columbia to require that a laundry list of elected and appointed Biden Administration officials produce their oath affidavits within 10 days, to prove that they’ve actually met the constitutional and legal requirements to hold office.
McGee had previously sought access to the oaths of office in question through Freedom of Information Act (FOIA) requests, but received nothing back, calling the lawfulness of the entire Biden Administration into question.
A press release from Ferguson Law, one of the firms acting on behalf of McGee, explains the gravity of the situation and reaffirms the sentiments of the legal filing.
The apparent non-existence of oath affidavits for high-ranking Biden officials “nullifies, or at a minimum, calls into question the legitimacy of their appointments or positions,” the statement reads.
“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,” the statement goes on to explain. “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.”
Read the full press release and a list of Biden officials with missing oath affidavits HERE
UPDATE by XavierFigueroa.substack.com
Quo Warranto
In one case from Alabama, the court noted that the writ of quo warranto is “utilized to test whether person may lawfully hold office and the purpose of writ of quo warranto is to ascertain whether office holder is constitutionally and legally authorized to perform any act in, or exercise any functions of, office to which he or she lays claim”
https://www.law.cornell.edu/wex/quo_warranto
Why This is Important
2. U.S. Secretary of Treasury, Janet Yellen (“Yellen”),
3. U.S. Secretary of Energy, Jennifer Granholm (“Granholm”),
4. Food and Drug Administration, Principal Deputy Commissioner, Janet Woodcock (“Woodcock”),
5. U.S. Secretary of Health and Human Services, Xavier Becerra, (“Becerra”)
6. Transportation Secretary, Pete Buttigieg (“Buttigieg”),
7. Secretary of State, Antony Blinken (“Blinken”)
8. Secretary of the Department of Homeland Security, Alejandro Mayorkas (“Mayorkas”)
9. Secretary of Education, Dr. Miguel A. Cardona (“Cardona”)
10. Secretary of Commerce, Gina M. Raimondo (“Raimondo”)
11. Department of Justice, Attorney General Merrick Garland (“Garland”)
12. Commissioner of Food and Drug Administration, Robert M. Califf M.D. (“Califf”)
13. Secretary of Labor, Marty Walsh (“Walsh”);
14. Deputy Secretary of Labor, Julie Su (“Su”);
15. Secretary of Defense, Lloyd Austin III (“Austin”)
16. Vice President, Kamala Harris (“Harris”)
In her freedom of information requests, Lisa McGee identified that none of the public officials (listed above) had valid affidavits. This is no small thing and has very large implications.
At the center of her writ of Quo Warranto is the requirement under 5 U.S. Code § 3332 “that those persons provide the US Attorney and this Court with the compulsory affidavit within ten (10) days.”
As per her filing:
8. The issue before the US Attorney is straightforward: Petitioner has sought the required affidavits prescribed in 5 U.S. Code § 3332 from all appointees referenced via the Freedom of Information Act requests (“FOIA”); and not one of the aforesaid appointees have produced a compliant affidavit consistent with the applicable statutes. Either the affidavit(s) are nonexistent, wanting, defective or the appointee has failed or refuses to provide the mandated affidavit to hold their respective offices.
9. 5 U.S. Code § 3332 is nondiscretionary and mandatory; yet none of the aforementioned appointees have complied with or fulfilled their oath obligation to hold their respective offices or appointments. For the reasons provided, Petitioner respectfully requests the US Attorney seek the Court to issue a writ of quo warranto and enforce the relief sought in Part II for the individuals referenced, as the legitimacy of each to hold their respective positions or offices are demonstrably in question.
Have Not Timely Responded
2. Xavier Becerra – Failed to respond.
3. Dr. Miguel A. Cardona – Failed to respond.
4. Gina M. Raimondo – Failed to respond.
5. Marty Walsh and Julie Su – Failed to respond.
6. Kamala Harris – Failed to respond.
7. Antony Blinken – Two letters were received; the latest of which has sought more time*.
8. Janet Yellen – Responded with official letter stating that she does not have a Signed and Notarized Oath of Office.
9. Pete Buttigieg – Responded with official letter stating that he does not have a Signed and Notarized Oath of Office.
10. Jennifer Granholm – Exchange of communications with a third party contractor handling Granholm’s FOIA stating they are almost certain that she does not have a Signed and Notarized Oath of Office.
11. Robert M. Califf M.D. and Janet Woodcock – Contends they are exempted under 5 USC 552(b) and the foreseeable harm standard in 5 USC 552(a)(8)(i).
(*Petitioner submits that requesting so much additional time to find a simple, compulsory affidavit amounts to a failure to produce.)
Defective Affidavit
2. Merrick Garland – An affidavit was produced; however, Garland fails to specify the date when he was appointed; and is not properly notarized or sworn.
3. Lloyd Austin III – An affidavit was produced; however, the document is not properly notarized or sworn.
This is federal statute. This is legally binding and mandatory. As per Lisa McGee’s petition:
“Simply put: none of the individuals referenced in this petition have satisfied their Constitutional obligations or have adhered to 5 U.S. Code § 3332 thereby nullifying, or at a minimum, calls into question the legitimacy of their appointments or positions. Since not one of the appointees referenced have produced a compliant, mandatory Oath of Office affidavit, it follows that the Petitioner has established a prima facie case for the issuance of a writ of quo warranto based upon the FOIA requests and the individuals’ responses to same. In turn, the burden now shifts to the respondent-appointees to prove Petitioner otherwise; and to produce the affidavits as required by law. See e.g., Ford v. Leithead-Todd, 139 Haw. 129, 384 P.3d 905 (Ct. App. 2016); People ex rel. Lacey v. Robles, 44 Cal. App. 5th 804, 258 Cal. Rptr. 3d 97 (2d Dist. 2020).”
The Reality On The Ground
Mr. Ferguson and Mr. Callender,
I am writing to you to determine the status of the writ.
If this under attorney/client privilege, my apologies for over-stepping.
Just plain curious, as I cannot find anything regarding this case when I use search engines.
Very Respectfully,
Xavier A. Figueroa, Ph.D.
Strap in folks. It gets bumpy.
Todd S. Callender, Esq.:
Good afternoon Xavier.
The Writ went unanswered by the US Attorney and our next remedy is to file it in the Federal District Court of Washington DC – per the statute. We encountered two problems there: 1) a single judge in that jurisdiction has a valid oath; and 2) neither of us are licensed in the DC court so we need another DC lawyer to sponsor our admission to practice – we could not find anyone willing.
Worse, of all the lawyers I know and talked to in DC, they’ve all been disbarred except one. They were representing J6r’s and all got kicked out. What does that say about our judicial system – no habeas corpus, no speedy trial, no 5th Amendment rights, etc. It’s all a façade – the whole damn thing.
The sooner people come to grips with this, the sooner we take our planet back and restore our Republic.
Thanks for your interest Xavier. God speed
Todd
If that doesn’t blow your mind, nothing will.
What the findings of fact and the legal process are showing, are the following:
1. The people that are sitting in cabinet positions and appointed positions are not there legally. Every single order that has been issued by these people is null and void. No governor, federal officer or employee, member of the US Armed Services and Forces, state official or county official is obligated or required to obey these orders.
a. Additionally, a case could be made that following any and all of the orders issued by the officials (by other state or federal officers/employees) in illegal and a violation of their oath of office.
2. The District of Columbia is not a place that you can be assured of legal and lawful treatment, for any person.
What Can Be Done
The genius of our Constitutional Republic and the federation of states is that remedies remain available to us. Our Attorney Generals and Sheriffs are fall-back positions for asserting our legal and lawful rights. What we need to do, as a People, is to map out the state of our local governments.
Mapping requires that we test our elected officials on their status. Freedom of Information requests (FOIA) can be addressed to county and state governments for release of oaths of office (signed, sealed and witnessed). All 50 States and all ~3,100 counties in the United States, require these affidavits in order to be seated to the elected or appointed seats.
Send in a FOIA to receive an affidavit of an Oath of office for your legislator and Governor. Heck, send a FOIA for your county commissioner and School Superintendent. Hell, I double-dog dare you to send in a FOIA for your Sheriffs.
Armed with information, we can proceed to triage what can be salvaged and what can be counted on for asserting our Natural Rights. Through ignorance we have manacles placed on our writs and ankles – through knowledge and truth we can be set free.
Stand up or bend over.
Spread the word.