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Question

How would I initiate a lawsuit against the President of the United States? It is my contention that he has violated his oath of office, in particular the affirmation to "...preserve, protect and defend the Constitution of the United States against all enemies, foreign and domestic." Mr. Obama has made it clear that he has no intention of investigating the actions of the Bush administration in regard to the "War on Terror" and the subsequent trashing of Constitutional rights afforded American citizens. Additionally, former Vice-President Cheney's acknowledgemnt that the administration authorized the use of torture in violation of Federal law.

Submitted: 256 days and 7 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Atlanta, Georgia

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Accepted Answer

Hi XXXXXXXXX:

 

typically, when a government entity is not doing their legal mandate, the legal mechanism to compel them to do what they are suppose to do is called a "writ of mandate" or "a writ of mandamus". You can get instructions on how to file a writ from your local law library (look for books on "writs and appeals"). I should warn you, however, that I've never seen anyone use a writ to try to compel an executive officer to do their job.

 

If you still felt that this a called for a civil action, however, you would want to file a civil complaint in the federal courts. The forms and instructions that you would need can be found at your local law library or, depending on the district, on your court's website. To my knowledge, the only civil case filed against a President that gained any traction was Jones v. Clinton, so that may be a good case to examine for pointers. Best of luck.

 

If this was informative, please remember to click "accept" so I may receive credit for my personal time and knowledge. Thank you.

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Expert: B. T. Mayer, Counselor at Law
Pos. Feedback: 99.7 %
Accepts: 
Answered: 3/12/2009

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California attorney experienced in family, probate, criminal, and personal injury law.

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