Originally published April 18, 2023 12:36 am PDT
A recent court filing has brought to light that several leading Democrats in the Biden Administration, including Vice President Kamala Harris, Attorney General Merrick Garland, and other high-ranking officials, may not have a legally required oath of loyalty to the U.S. Constitution on file, National File reports.
The revelation has raised questions about the lawfulness of these officials’ appointments and their actions in office.
The writ of quo warranto filed in Washington, D.C. alleges that oaths of office for prominent members of President Joe Biden’s cabinet cannot be located, which would be in direct violation of U.S. Code.
This code mandates that all elected officials maintain a sworn affidavit of their oath on file, as evidence of their ongoing allegiance to the United States and the U.S. Constitution.
Attorneys representing petitioner Lisa McGee have requested that the U.S. Attorney in the District of Columbia demand various elected and appointed Biden Administration officials to produce their oath affidavits within 10 days.
This would demonstrate that they have met the constitutional and legal prerequisites to hold office.
McGee had previously attempted to access the oaths of office in question through Freedom of Information Act (FOIA) requests but received no response, prompting further investigation into the legality of the Biden Administration.
A press release from Ferguson Law, one of the firms representing McGee, highlights the severity of the situation, stating, “This lack of Constitutional and statutory requirement thereby nullifies, or at a minimum, calls into question the legitimacy of their appointments or positions.”
The statement further explains that the onus now falls on the appointees to prove their qualifications to both Ms. McGee and the U.S. Attorney, as producing these statutorily required affidavits is a legal obligation.
“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 press release warns.
“Failure to produce the affidavit(s) to the U.S. Attorney will provide the necessary jurisdiction to the Federal District Court of Washington D.C. to issue said Writ Quo Warranto.”
The press release details the petition filed by attorneys Todd S. Callender and Kenneth W. Ferguson on behalf of Lisa McGee, addressed to the U.S. Attorney in the District of Columbia.
The petition demands either the presentation of accurate, non-defective affidavits of Oaths of Office for appointed and elected cabinet members of the Biden Administration or their immediate removal for failing to comply with this statutory requirement.
In the case of removal, the petition also seeks to void all of their official acts from the beginning.
As the press release emphasizes, “This lack of Constitutional and statutory requirement thereby nullifies, or at a minimum, calls into question the legitimacy of their appointments or positions.”
The outcome of this case has the potential to significantly impact the Biden Administration, as the absence of the required Oaths of Office could lead to the removal of numerous high-ranking officials and the nullification of their actions while in office.
