LEGAL BO BORN IN THE USA? Eligibility arguments to get court hearing

[Publius]

I think Mr. Cook is going to end up giving testimony in the CA court and and he along with the help of Dr. Orly Taitz, will kick off a We the People controlled investigation into why and how Obama has so many addressees and SS numbers and one that got used the most was from someone that been dead for some time. Also and how it was done and why. I have my hunches on how and why, but the problem is there two possibilities and I'm unable to disprove one or the other but both either way are unlawful acts

 

[mbabulldog]

Actually a FEDERAL Judge will have jurisdiction to order the state to release ORIGINAL copies of the birth certificate (if they exist) along with any other records sought (college, immigration, etc). State judges in previous cases lacked the power to do that.

I'd bet my last dollar that the MINUTE ANY Federal judge less than the Supreme Court bench issues a full discovery order, showing ALL documents, BO's legal team will IMMEDIATELY appeal. This will stop the case, and discovery, dead in its tracks.

If not, he probably still won't get removed from office because ...

Ginger, VERY well written thesis!

Legally, he will HAVE to be removed from office, because he would have NO legal authority to sign Bills, legislation, Treaties, Deployment of troops, etc. It would be the same as having someone under age 18 running around signing contracts, loans, etc.; they would be void before the ink was even dry.

 

[Laurane]

GingerN - most of what you said, I agree with......but......

"He could not have traveled there legally as a US citizen on a US passport at that time".

It was not ILLEGAL, just not safe to travel and the US .gov had issued a travel advisory against going there. A person who did go had to get a Visa issued to him in Pakistan for 30 days duration. It was difficult to get a Visa, but not impossible. If he was going to visit someone who lived there, he might have been able to get a Visa, and travel on a US passport.

I posted the link to the US Dept which posted the Travel Advisory on another thread.

But still too many questions not fully answered......

 

[Oilpatch Hand]

Not me. Show me the original which lists the hospital, who delivered him, etc. and I'll be satisfied.

I'm OK with this. I just need to know where to place the nice granite obelisk marking the site of Barry Soetoro's birth. The "certificate of live birth" Barry has offered doesn't contain that information, whereas the original long-form birth certificate would.

I'm not one to go around erecting memorials in places where they really don't belong.

 

[GingerN]

I'd bet my last dollar that the MINUTE ANY Federal judge less than the Supreme Court bench issues a full discovery order, showing ALL documents, BO's legal team will IMMEDIATELY appeal. This will stop the case, and discovery, dead in its tracks.



Ginger, VERY well written thesis!

Legally, he will HAVE to be removed from office, because he would have NO legal authority to sign Bills, legislation, Treaties, Deployment of troops, etc. It would be the same as having someone under age 18 running around signing contracts, loans, etc.; they would be void before the ink was even dry.

Thank you.


Laurane,
I thought it was forbidden, not just ill advised. Thank you for clarifying.

 

[SassyinAZ]

The consequences of BO's choice to not provide and block documentation that can be verified to ensure that he meets the eligibility requirements of the Constitution shouldn't be a factor in whether this is heard or not heard.

He either meets the requirements or he doesn't, if he doesn't, he can't hold the office.

You're right, FL, he could put whatever he wants on every billboard in this Country, it wouldn't matter to me, WE aren't the ones who should be making this decision. The documentation should be provided to an official person or body with both the resources and the authority to verify his credentials and qualifications and be accountable for their decisions.

Usually that involves someone that has taken an oath of office in this Country.

WHAT is your problem with letting a Judge decide, I don't get that, I really don't.

GingerN, for me, it isn't about his policies or how he is running the Country or what I think of him, this should have been decided before he was even placed on the ballot. If it were the Pope or the Dalai Lama I'd feel the same, do they meet the requirements or don't they? There's a lot of amazing people in this world, it doesn't making them eligible to be POTUS.

Any doubts I had about this were quashed when the Senators themselves said this issue had been decided by snopes.

Snopes!!!!

I still can't get over that.

 

[Tennessee gal]

No, ma'am, that is not the case. I can not speak for everyone, but I have several questions that the standard answers he has given/not given don't fit. For instance-the 1981 trip to Pakistan. He could not have traveled there legally as a US citizen on a US passport at that time. How did he do it? If he did it on the sly, then he is unworthy of the office, but eligible. If he traveled on a passport as a citizen of another country, then he is INELIGIBLE to be President. If he did it by using someone else's passport, that is illegal, and he should be up on charges.

I do want to know where he was born. He should have to prove it to the satisfaction of the nation, he is supposed to work for us, not rule over us and be above our questions. He could have squashed all of this by producing the long copy that shows his place of birth, rather than the little short copy that only shows when he was born and who his parents were. It was not that hard to do. I have to do it to register my children for school. I think he should just quit HIS whining and do it. If it is showing that he was born in the USA, most of us will shut up about it. If not, he probably still won't get removed from office because God forbid those folks in DC admit that they screwed up as well and let an usurper pound the nails in the US's coffin. He would not be trying to avoid the issue if he didn't have something to hide. It is that simple.

Why won't he release his college records? Other presidents have. Is he concerned that they might show he was enrolled at some point as a foreign student? He is President, and his life prior to that should be an open book. There should be no secrets. He has already admitted he used cocaine. Ok, so spill the beans on the rest of it. He preaches TRANSPARENCY, practice it. Put his money where his mouth is. Maybe then people can stop wondering and we can put this country back together again. I don't give a rats patoot if the man is black, white, purple or green spotted. I care if he is an American Citizen BY BIRTH, and if he is strong enough to lead us in this world. I care that apparently he has a big ol yellow streak running down his ill mannered back when it comes to dealing with the rest of the world. I care that he talks to the nation as if we were a bunch of stupid children that must go along with every aspect he proposes without question and without reading what he is putting out there. Why is he in such an all fired hurry? I care that he is the representative of our nation on the world stage and all he can do is apologize for the fact that our nation has been a world leader and done the jobs that no one else can or will do, and that he has bad manners to those who are our allies. I care that he oogles 16 yr old girls blatantly. If he is gonna oogle (and he is a guy, so he is going to do that, and that is ok), learn to do it discreetly, for petes sakes.

Other questions I have that really don't pertain to the birth certificate would be who financed his education? That education didn't come cheap, and he was supposedly from a family that couldn't afford it? Who is pulling the strings?

Fruit Loop, as much as you love liberty, and are a patriot (and a Southern Patriot at that), surely you can't think that it is a good thing that the people that guided this man are blatantly un-American in their thinking and diametrically opposed to everything that our founding fathers and our beloved South fought for? You are judged by, and influenced by, the company you keep, and he has kept company with people that fit in more in the Eastern Bloc nations than the USA.

Honestly, I care about the Constitution being followed. He has not done that in any way shape or form. He does not have the best interest of the nation at heart. He is trying to steal power (hello-32 "czars" that are not vetted and can't really be toppled?), he is making a joke of our nation, and really shows the makings of a bully. If he was doing a good job, and really had the nations best interest at heart-all of the nation, not just the poor down trodden minorities- and loved his nation, I would probably stand behind him. AS IT IS, I WILL STAND BEFORE HIM.

GingerN great post!

 

[SassyinAZ]

Her blog has been updated (too much to post): http://www.orlytaitzesq.com/blog1/

Both filings have been posted, for the Keyes case that was the subject of the OP and Major Cook's case for Thursday (this is the one getting some media traction).

She lists major MSM sources that have finally been contacting her. as well as, to be suspected I suppose, intimidation that is now occurring.

 

[Jarhead]

No, ma'am, that is not the case. I can not speak for everyone, but I have several questions that the standard answers he has given/not given don't fit. For instance-the 1981 trip to Pakistan. He could not have traveled there legally as a US citizen on a US passport at that time. How did he do it? If he did it on the sly, then he is unworthy of the office, but eligible. If he traveled on a passport as a citizen of another country, then he is INELIGIBLE to be President. If he did it by using someone else's passport, that is illegal, and he should be up on charges.

I do want to know where he was born. He should have to prove it to the satisfaction of the nation, he is supposed to work for us, not rule over us and be above our questions. He could have squashed all of this by producing the long copy that shows his place of birth, rather than the little short copy that only shows when he was born and who his parents were. It was not that hard to do. I have to do it to register my children for school. I think he should just quit HIS whining and do it. If it is showing that he was born in the USA, most of us will shut up about it. If not, he probably still won't get removed from office because God forbid those folks in DC admit that they screwed up as well and let an usurper pound the nails in the US's coffin. He would not be trying to avoid the issue if he didn't have something to hide. It is that simple.

Why won't he release his college records? Other presidents have. Is he concerned that they might show he was enrolled at some point as a foreign student? He is President, and his life prior to that should be an open book. There should be no secrets. He has already admitted he used cocaine. Ok, so spill the beans on the rest of it. He preaches TRANSPARENCY, practice it. Put his money where his mouth is. Maybe then people can stop wondering and we can put this country back together again. I don't give a rats patoot if the man is black, white, purple or green spotted. I care if he is an American Citizen BY BIRTH, and if he is strong enough to lead us in this world. I care that apparently he has a big ol yellow streak running down his ill mannered back when it comes to dealing with the rest of the world. I care that he talks to the nation as if we were a bunch of stupid children that must go along with every aspect he proposes without question and without reading what he is putting out there. Why is he in such an all fired hurry? I care that he is the representative of our nation on the world stage and all he can do is apologize for the fact that our nation has been a world leader and done the jobs that no one else can or will do, and that he has bad manners to those who are our allies. I care that he oogles 16 yr old girls blatantly. If he is gonna oogle (and he is a guy, so he is going to do that, and that is ok), learn to do it discreetly, for petes sakes.

Other questions I have that really don't pertain to the birth certificate would be who financed his education? That education didn't come cheap, and he was supposedly from a family that couldn't afford it? Who is pulling the strings?

Fruit Loop, as much as you love liberty, and are a patriot (and a Southern Patriot at that), surely you can't think that it is a good thing that the people that guided this man are blatantly un-American in their thinking and diametrically opposed to everything that our founding fathers and our beloved South fought for? You are judged by, and influenced by, the company you keep, and he has kept company with people that fit in more in the Eastern Bloc nations than the USA.

Honestly, I care about the Constitution being followed. He has not done that in any way shape or form. He does not have the best interest of the nation at heart. He is trying to steal power (hello-32 "czars" that are not vetted and can't really be toppled?), he is making a joke of our nation, and really shows the makings of a bully. If he was doing a good job, and really had the nations best interest at heart-all of the nation, not just the poor down trodden minorities- and loved his nation, I would probably stand behind him. AS IT IS, I WILL STAND BEFORE HIM.

GingerN....

This has to be one of the best summations that I've read about BO's BC. Thanks,

Jarhead

 

[ElevenO]

there absolutely will bw riots in the streets if he is turned out of the WH, but maybe that is what they want? it will ignite a race war.

I don't think a race war is what some of our PTB (Powers That Be) are looking for or wanting. Not a race war per se. However, if it's actually proven that he's unable to hold the Office of President in this country and is forced out of office as a result, it very well could start all sorts of riots and chaos. That chaos could be used by TPTB to declare some sort of "national emergency" which could include martial law and other nasty things coming down hard on the citizens of this country.

 

[Volleyball Granny]

I've wondered why someone doesn't just file a civil suit against the democratic party for running him.

How about a class action suit?

 

[SassyinAZ]

Here's the Major's statement about the restraining order:

http://blog.spiritualpatriot.com/

Stefan F. Cook Major, US Army / Statement Press Release
11. July 2009 by Spiritual Patriot.

Dr. Orly Taitz has filed on my behalf a Temporary Restraining Order (TRO) in Columbus Georgia to prevent me from deploying to Afghanistan until such time as Barack Obama produces definitive proof that he is a natural born US citizen.

The basis for the TRO is this: It is my duty as an officer in the US Army to seek clarification as to the legality of orders directed to me by someone in my chain of command (The President of the United States/Commander in Chief of the Armed Forces of the United States) who is not eligible to do so.

Should Barack Obama be found not to be a natural born citizen of the US and I follow such an illegal order, I could be subject to punishment under the Uniform Code of Military Justice (UCMJ) as well as should I have the misfortune of being captured by the enemy in Afghanistan, I could be subject to prosecution for war crimes as I was conducting military operations illegally. I will not subject myself to such a possibility.

As an extension of this, each and every Soldier, Sailor, Airman and Marine who is deployed overseas could possibly find themselves in the same situation as I detailed above. This is an unacceptable position.

However, should Barack Obama definitively prove that he is in fact a natural born citizen of the US, and as such, eligible to be President of the US/Commander in Chief of the Armed Forces of the US, I shall deploy to Afghanistan as so ordered.

This deployment to Afghanistan was a voluntary request on my part. I am a patriotic citizen of the USA and Officer in the US Army and want to discharge those duties assigned to me in an honorable and legal fashion.

I have thought long and hard on my decision to file this TRO. I realize that this action may well end my career as an Army Officer. I have discussed this decision with my family and they are understanding and supportive. This has been a gut-wrenching decision to make.

For my entire career in the Army, it has been pounded into us that it is our duty to seek clarification on orders we deem to be questionable in their legality. You sit through the academic exercise and have a discussion about it and move on to the next subject.

But when the situation actually arises (like my current situation), well that’s something else entirely. You experience that “holy crap” moment and have to make a decision that may well affect your life from that point on. I find myself in that position right now. I have to have the moral courage to prosecute a course of action that is most distasteful, but yet needs to be done.

Onward into the breach, and faciendum est.

Stefan F. Cook

Major, US Army

 

[Volleyball Granny]

Here's the Major's statement about the restraining order:

http://blog.spiritualpatriot.com/

Absolutely awesome statement!

By the way...I can't imagine the turmoil our armed forces must feel right now. The Obamanation in the Oval Office is contemplating going after the previous president (and his people) for war crimes...what is to stop him from going after the soldiers who carried out the orders?

 

[SassyinAZ]

The implications are seriously mind-boggling, Granny.

Both of the present cases pending did make it on Fox News this afternoon, primetime, so at least people can know about it.

 

[SassyinAZ]

Wow, just wow!

The Army revoked the Major's deployment order.

http://www.orlytaitzesq.com/blog1/?p=3077

It looks like we won already and not just on any day, on Bastille day
I didn’t even need to fight, the administration blinked and showed it’s cards, actually they showed that they have no cards to play, as they immediately revoked the order for major Cook. You can see below, the revocation is below, saying he doesn’t need to go.

What does it mean? It’s proof that we have a totally illegitimate commander in chief and they will cave in each and every situation. It means that from now on any member of the military, who doesn’t like any order , needs to call Dr. Taitz, ESQ and state that he doesn’t want to follow the order, a legal action will be initiated based on Obama’s illegitimacy in office and the military will cave in. It means that for the sake of covering up for Obama and fraud perpetrated, top brass of the US military is willing to undermine integrity of the military. This has to stop.

DEPARTMENT OF THE ARMY

U.S. ARMY HUMAN RESOURCES COMMAND

1 RESERVE WAY

ST. LOUIS, MO 63132-5200

AHRC-PLM-S 14 JUL 2009

ORDERS A-06-916551R

COOK STEFAN FREDERICK EAD8 MAJ EN 155 54 7803

4207 HARBOR LAKE DRIVE W096AA

LUTZ FL 33558

THE FOLLOWING ORDER IS REVOKED OR RESCINDED AS SHOWN.

ACTION: REVOKE

 

[blueridge]

Certificate or not - 3-1/2 yrs or so for the One Term POTUS.

2010 - beginning of the end of this nightmare in DeeCee.

2012 - end of the nightmare.

 

[cjoi]

What effect upon Major Cook's standing in this litigation does the revocation order have? What effect does this revocation have upon this case moving forward?

 

[Beach]

I'm thinking here that our military commanders are wanting to see this issue played out. Somebody knows something and they don't agree with our CINC. Perhaps our military folk don't support our POTUS.

Let's all watch our POTUS's demeanor over the next few weeks. Will his public appearances diminish? How will he act?

 

[SassyinAZ]

Honestly, I don't know what to think.

I don't know if it means all soldiers honoring their oaths should do the same, or, if the military is part of the fraud as Dr. Taitz has stated or, if it is just manuevering to get the case thrown out for standing, if so, why would the Army go along?

He didn't ask for revocation, that's a military process.

http://www.ledger-enquirer.com/news/breaking_news/v-print/story/777472.html

Related article:

Soldier who says Obama isn't president doesn't have to deploy, Army says

BY LILY GORDON

U.S. Army Maj. Stefan Frederick Cook, the reserve soldier who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president, has had his deployment orders revoked, Army officials said.

Lt. Col. Maria Quon, U.S. Army Public Affairs Officer, U.S. Army Human Resources Command-St. Louis, said Tuesday evening, Cook was no longer expected to report Wednesday to MacDill Air Force Base in Florida for mobilization to active duty.

Cook is an Individual Mobilization Augmentee (IMA), meaning he is a reserve soldier assigned to an active component unit for duty. He is assigned to the U.S. Army Element of U.S. Southern Command. Last week he filed a request in federal court seeking a temporary restraining order and status as a conscientious objector through his California-based attorney, Orly Taitz.

Taitz, who has also challenged the legitimacy of Obama’s presidency in other courts, filed the 20-page document on July 8 with the U.S. District Court for the Middle District of Georgia. In it Taitz asks the court to consider granting her client’s request based upon Cook’s belief that Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of the U.S. Armed Forces.

Cook further states he “would be acting in violation of international law by engaging in military actions outside the United States under this President’s command. ... simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.”

Documents show Obama was born in Hawaii in 1961, two years after it became a state.

Earlier today, Quon said Cook submitted a formal written request to Human Resources Command-St. Louis on May 8, 2009 volunteering to serve one year in Afghanistan with Special Operations Command, U.S. Army Central Command, beginning July 15, 2009. The soldier's orders were issued on June 9, Quon said.

"A reserve soldier who volunteers for an active duty tour may ask for a revocation of orders up until the day he is scheduled to report for active duty," Quon said.

She added that there is an administrative process to request revocation of orders. As of this afternoon, Cook had not asked for his orders to be revoked, Quon said. She could not say why the soldier's orders were pulled today by 3 p.m. CDT.

"Because of the Privacy Act I couldn't go into it," Quon said.

A call to Cook's attorney this evening was not immediately returned.

There are approximately 3,800 Individual Mobilization Augmentees in the U.S. Army Reserves. In addition to IMAs, the U.S. Army Reserves has three additional reserve levels, Quon said.

Approximately 63,000 soldiers serve with the Individual Ready Reserves, meaning they have no routine training or attendance requirements and no pay; 188,000 serve as reservists, attached to reserve units; and about 16,000 soldiers serve with the Active Guard Reserve, Quon said. The latter group consists of soldiers who have volunteered to be on full-time active duty, she continued.

A hearing to discuss Cook’s requests is scheduled to take place in federal court here Thursday at 9:30 a.m.

 

[TECH32]

Sassy,

Interesting ploy. They're now going to try and argue the case should be dismissed because he's no longer ordered to deploy. That may or may not work, because the counter-argument is that he's still subject to deployment at any time (and therefore the issue before the court remains unresolved).

 

[batterbiscuts]

This smells all the way around.

Batterbiscuts

 

[Jarhead]

What if????

What if all the other solders, airmen, sailors and marines who were scheduled to deploy entered into a class action suit, a la Major Cook's. Would the DOD revoke their orders too. This may get very interesting....

Jarhead

 

[Y2kO]

Let's pray that Orly Taitz does the job and doesn't turn out to be a government shill.

 

[SassyinAZ]

This says at Thursday's scheduled hearing an injunction will be requested as other soldiers have joined. Additionally, they will be asking his records be released to show he is eligible because the revocation actions undermines the military.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=104009

BORN IN THE USA?

Bombshell: Orders revoked for soldier challenging prez
Major victory for Army warrior questioning Obama's birthplace

Posted: July 14, 2009
9:53 pm Eastern


By Chelsea Schilling
© 2009 WorldNetDaily

Dr. Orly Taitz

A U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after he argued that he should not be required to serve under a president who has not proven his legitimacy for office.

His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders.

"We won! We won before we even arrived," she said with excitement. "It means that the military has nothing to show for Obama. It means that the military has directly responded by saying Obama is illegitimate – and they cannot fight it. Therefore, they are revoking the order!"

She continued, "They just said, 'Order revoked.' No explanation. No reasons – just revoked."

A hearing on the questions raised by Maj. Stefan Frederick Cook, an engineer who told WND he wants to serve his country in Afghanistan, was scheduled for July 16 at 9:30 a.m.

"As an officer in the armed forces of the United States, it is [my] duty to gain clarification on any order we may believe illegal. With that said, if President Obama is found not to be a 'natural-born citizen,' he is not eligible to be commander-in-chief," he told WND only hours after the case was filed.

"[Then] any order coming out of the presidency or his chain of command is illegal. Should I deploy, I would essentially be following an illegal [order]. If I happened to be captured by the enemy in a foreign land, I would not be privy to the Geneva Convention protections," he said.

The order for the hearing in the federal court for the Middle District of Georgia from U.S. District Judge Clay D. Land said the hearing on the request for a temporary restraining order would be held Thursday.

Cook said without a legitimate president as commander-in-chief, members of the U.S. military in overseas actions could be determined to be "war criminals and subject to prosecution."

He said the vast array of information about Obama that is not available to the public confirms to him that "something is amiss."

"That and the fact the individual who is occupying the White House has not been entirely truthful with anybody," he said. "Every time anyone has made an inquiry, it has been either cast aside, it has been maligned, it has been laughed at or just dismissed summarily without further investigation.

"You know what. It would be so simple to solve. Just produce the long-form document, certificate of live birth," he said.

He said he was scheduled to report for duty tomorrow, on July 15, to deploy to Afghanistan as part of President Obama's plan to increase pressure of insurgent forces there.

He told WND he would be prepared for a backlash against him as a military officer, since members of the military swear to uphold and follow their orders. However, he noted that following an illegal order would be just as bad as failing to follow a legal order.

Named as defendants in the case are Col. Wanda Good, Col. Thomas Macdonald, Secretary of Defense Robert Gates and Obama, described as "de facto president of the United States.

According to the court filing, Cook affirmed when he joined the military, he took the following oath: "I, Stefan Frederick Cook, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice. So help me God."

According to the claim, "Plaintiff submits that it is implicit though not expressly stated that an officer is and should be subject to court-martial, because he will be derelict in the performance of his duties, if he does not inquire as to the lawfulness, the legality, the legitimacy of the orders which he has received, whether those orders are specific or general."

The military courts offer no option for raising the question, so he turned to civilian courts to consider "a question of paramount constitutional and legal importance: the validity of the chain of command under a president whose election, eligibility, and constitutional status appear open to serious question."

"Barack Hussein Obama, in order to prove his constitutional eligibility to serve as president, basically needs only produce a single unique historical document for the Plaintiff’s inspection and authentication: namely, the 'long-form' birth certificate which will confirm whether Barack Hussein Obama was in fact born to parents who were both citizens of the United States in Honolulu, Hawaii, in or about 1961," explains the complaint.

Taitz said she will attend the hearing to amend the temporary restraining order to an injunction because more members of the military have joined the cause.

"We are going to be asking for release of Obama's records because now this completely undermines the military. It revoked this order, but it can come up with another order tomorrow. It can come up with orders for other people," she said. "Am I going to be flying around the country 1,000 times and paying the fees every time they issue an order?"

Taitz said the issue "must be resolved immediately," and she will continue working to ensure Obama proves he is eligible for office.

"We're going to be asking the judge to issue an order for Obama to provide his vital records to show he is legitimately president," she said. "We're going to say, we have orders every day, and we'll have revocations every day. This issue has to be decided."

She said there cannot be any harm to the president if he is legitimately holding office.

"If he is legitimate, then his vital records will prove it," Taitz said. "If he is illegitimate, then he should not have been there in the first place."

Asked what this decision means for every other serviceman who objects to deployment under a president who has not proven he is eligible for office, Taitz responded:

"Now, we can have each and every member of the military – each and every enlistee and officer – file something similar saying 'I will not take orders until Obama is legitimately vetted.'"

Multiple questions have been raised about what that would mean to the 2008 election, to the orders and laws Obama has signed and other issues, including whether he then is a valid commander-in-chief of the military.

 

[denfoote]

Denfoote, that's exactly what I've been saying......that even if the birth cert was reproduced on every billboard, you people would then whine that it's been faked.

You will never be satisfied. There will always be an excuse to whine.

Obama was "elected" under fraudulent presences (see ACORN).

The only hope this country has is if the military opens their eyes and does what the Honduran army did.

 

[SassyinAZ]

What if????

What if all the other solders, airmen, sailors and marines who were scheduled to deploy entered into a class action suit, a la Major Cook's. Would the DOD revoke their orders too. This may get very interesting....

Jarhead

Yep, and I'm thinking there's more than a few in Iraq and Afghanistan on their 3rd/4th/5th tours that may be interested as well.

 

[denfoote]

My daily prayer.

Oh Lord, open the eyes of our military and grant onto them the cajonies to do what needs to be done. Furthermore, I beseech thee to deliver into their hand all the evildoers who made Obama's fraudulent election possible.

I ask this in the name of the Lord Jesus Christ,

AMEN

 

[Surprise]

Amen.

ETA: As I scrolled down, I saw that a member named "Miracle" was viewing this thread right after I typed amen.

Hey,that could be a sign.....(either a miracle is about to occur or unfortunately, it would take a miracle for anything to ever really happen with this birth cert. issue)
Then again, it is probably just a coincidence. Please forgive my momentary escape into woowoo.

 

[Deena in GA]

A large contingent of 3rd ID is scheduled to leave Ft Benning to go to Iraq this fall. For a lot of them it's at least their third tour. Wonder if any of them are signing onto this suit...

 

[ShyGirl]

I hope it all starts to unravel for the Kenyan born 0-man and I hope that we can recover as a country from the mess he has made in such a short time.
I am also praying for a miracle.

 

[mt4design]

I wonder where, exactly, in the chain of command this order was revoked?

As a precedent, it puts this administration in a serious pickle and opens up an opportunity for a mass exodus of reservists from the military.

A case such as the Major's was the best opportunity by an individual with cause. If others have joined in, what is the Obama administration going to do in order to keep the numbers up?

Or, is this the perfect opportunity to disband the regular military in order to put a more dedicated force together?

Mike

 

[BlueNewton]

This is just outstanding. If the effort fails, no problem. The ants will just keep coming, over and over and over, again until they get somewhere.

I will face the consequences of the Foreigner-in-Chief being ousted, however bad as they might be. This Constitutional violation must be the line in the sand. To back away from it for fear of the consequnces should he be tossed out, is to let evil win. And then there will be no line upon which to stand.

He chose to create this chain of events by accepting the party nomination despite being a foreigner. The consequences are his fault, not that of those who choose to fight against his illegal usurption of the office.

 

[Woolly]

The question of what the rest of the members of the armed forces are likely to do in light of the military's withdrawal of Maj. Cook's orders to Afghanistan is a very good one. At the moment we are at risk of a mutiny, or a simple breakdown of discipline within the forces. This has always been the risk of the Obama candidacy.

In my own view, the military will approach this issue very conservatively, and will continue to obey the orders of the military commanders above them. But, what will the officers at the top of the chain do, will they continue to follow Mr. O's orders? For the sake of continued order I think that they will continue to follow the mundane orders that might originate at the White House, or from the political appointees that Mr. 'O' has placed in the Chain of Command. But they are unlikely to accept an order that puts the country at risk so long as there is a doubt obout his legitimacy.

Therein lies the risk to America - paralysis - is possible. This will not be lost on our enemies.

Woolly

 

[Hansa44]

I've read this whole thread and many others about this issue and if it is proven Obama is not a legal US citizen, then hang on to your hats.

Make sure you have your preps ready and stay out of the cities. There will have to be another election and maybe Mc Cain or Palin will be elected.

A black president is removed and a white one put in. Not only will there be total mutiny in the armed forces but there will be a civil war in this country, the likes which has never been seen before. Between the races.

It's almost as if the hidden PTB are deliberately setting this up. Martial law will occur with armies not from this country.

We'll get plenty of change. That's for certain. But I'm doubting it will be what many are expecting.

 

[SassyinAZ]

The nutshell version of updates is that Major Cook filed suit for a determination of whether his deployment order was lawful (he didn't refuse to deploy). The DoD's response was revocation of his deployment orders and advising his employer he was "nutty and crazy" and not welcome at his civilian job on the Air Force Base, strong-arming and resulting in termination.

The DoD filed a Motion to Dismiss based on the revocation orders making the relief requested in the TRO moot and without standing.

Dr. Taitz filed for the Injunction, court filing here: http://www.orlytaitzesq.com/blog1/

A snippet:

Plaintiff filed his Original Application for TRO on Friday July 10, 2009, and on Tuesday, July 14, 2009 his deployment to Afghanistan was revoked by order of Colonel Louis B. Wingate, apparently Col. Good’s successor at Army Human Resources Command in St. Louis (Exhibit B).

This unexpected action does not in any way, shape or form, “moot” the application for TRO, which is here amended and resubmitted as an Application for Preliminary Injunction, covering both the possibility of future orders and to prevent negative collateral consequences such as retaliation against Major Stefan Frederick Cook (which have already begun) including possible violations of the general Federal and specific military whistleblower acts, as well as the First and Ninth Amendment civil rights of Major Stefan Frederick Cook to challenge the chain of command in the U.S military.

It is obvious that this case has the potential to be converted into a class action on behalf of all military servicemen and women who require the means of establishing the legality of their orders with certainty.

And then, part of the same filing, he was nearly immediately fired from his DoD contracting job as a result of his TRO and after the revocation orders were issued:

DOD RETALIATION AGAINST MR. COOK IS SWIFT AND BRUTAL

Moreover, however, retaliation has occurred or begun against Plaintiff Stefan Frederick Cook for the exercise of his First Amendment right to petition for redress of grievances and Plaintiff Cook accordingly here seeks an injunction against the continuance or full implementation of this official governmental retaliation or in the alternative for a writ of mandamus, order to show cause, or rule nisi be issued to the Department of Defense commanding it to cease, cure, or remedy all retaliation against Plaintiff Cook. The circumstances are as follows:

Late on Tuesday afternoon, July 14, 2009, at around about 4:30 pm, Plaintiff Stefan Frederick Cook returned a call to an unknown telephone call from (813) 828-5884 and was told that his services were no longer required in Afghanistan and that he need not report for duty.

In addition Plaintiff an e-mail with the revocation order attached from Master Sargent Miguel Matos (Exhibit C). Upon receipt of the revocation, Plaintiff Major Cook called his civilian boss, the CEO of Simtech, Inc., a closely held corporation that does DOD contracting in the general field of information technology/systems integration, at which Plaintiff Major was employed until taking a Military Leave of Absence on Friday July 10, 2009, a senior systems engineer and architect, in preparation for his deployment to Afghanistan.

(Plaintiff has five Cisco Systems certifications in information technology dating from 2000 and just recertified in June 2009 for the Cisco Certified Design Expert qualification exam.)

The CEO of Simtech, Inc., Larry Grice, explained to Plaintiff over a series of four conversations within the next two hours, that he had been terminated.

Grice told the Plaintiff that he would no longer be welcome in his former position at SOCOM but that Grice wanted to see whether he could find something within the company (Simtech, Inc.) for Cook.

The upshot was that at this time Grice did not have anything for Plaintiff to do. Grice told Plaintiff, in essence, that the situation had become “nutty and crazy”, and that Plaintiff would no longer be able to work at his old position.

Grice explained that he had been in touch with Defense Security Services (an agency of the Department of Defense[1], with regional offices located in SOCOM Headquarters at McDill Airforce Base in Tampa, Florida), and that DSS had not yet made a determination whether Plaintiff Major Cook’s clearances would be pulled, but Grice made clear to Cook that it was DSS who had compelled Cook’s termination.

Complete pleading at the link.

Additional filing as well on the related by seperate case of Alan Keyes, also moving forward (includes the myriad of ss #'s used, amongst other things).

Listings of all major msm coverage that has been incurring, including Lou Dobb's radio today and show tomorrow -- I'm catching that one for sure.

DoD filed a Motion to Dismiss based on the TRO (with deployment orders revoked) being moot and now without standing.

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
______________________________

MAJOR STEFAN FREDERICK COOK, )

Plaintiff, )

v. ) Case No. 4:09-CV-82 (CDL)

COLONEL WANDA L. GOOD, et al. )

Defendants. )

MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS
PLAINTIFF’S APPLICATION FOR A TEMPORARY RESTRAINING ORDER

COMES NOW Defendants, by and through counsel, the United States Attorney for the Middle District of Georgia, and respectfully submit this Memorandum in Support of Defendants’ Motion to Dismiss the Application for a Temporary Restraining Order submitted by Plaintiff, Major Stefan Cook.

I. INTRODUCTION

Major Cook is a Army Reservist assigned to perform reserve duty at Headquarters, U.S. Southern Command ("SOUTCOM"), in Miami, Florida. Major Cook received mobilization orders to report active duty at MacDill Air Force Base on July 15, 2009, and then to Fort Benning, Georgia, on July 18, 2009, for deployment to Afghanistan with U.S. Special Operations Central Command ("SOCCENT").

Major Cook now comes before this Court seeking a temporary restraining order to challenge his deployment orders to Afghanistan claiming that "the Commander in Chief is not constitutionally qualified nor [ ] legally elected or appointed to succeed to the office of President of the United States."

Plaintiff’s Application for a Temporary Restraining Order ("TRO App.") at 6.

This case no longer presents a live case or controversy, nor does Major Cook have standing to pursue his claim; therefore, the Court lacks subject matter jurisdiction over his claims and they should be dismissed.

II. ARGUMENT

A. Motion To Dismiss For Lack Of Jurisdiction

A proper basis for a motion to dismiss is when the court lacks jurisdiction over the subject matter. See Fed. R. Civ. P. 12(b)(1). Unlike a Rule 12(b)(6) motion, consideration of a Rule 12(b)(1) jurisdiction-type motion need not be limited; conflicting written and oral evidence may be considered and a court may "decide for itself the factual issues which determine jurisdiction."

Williamson v. Tucker, 645 F.2d 404, 413 (5th Cir. 1981). See also Lawrence v. Dunbar, 919 F.2d 1525, 1529 (11th Cir. 1990), Scarfo v. Ginsberg, 175 F.3d 957, 960-961 (11th Cir 1999) (11th Circuit adopts Williamson, Id., rationale for viewing motions to dismiss based on Rule12(b)(1)).

B. Major Cook’s Request for Injunctive Relief is Moot

Major Cook’s Application for a Temporary Restraining Order should be denied as moot. The Commanding General of SOCCENT has determined that he does not want the services of Major Cook, and has revoked his deployment orders. Defense Exhibit ("DEX" A). "A case is moot when it no longer presents a live controversy with respect to which the court can give
meaningful relief." Ethredge v. Hail, 996, F.2d 1173 (11th Cir. 1993), citing United States v. Certain Real & Personal Property, 943 F.2d 1292, 1296 (11th Cir. 1991).

In his Application for a Temporary Restraining Order, Major Cook asks that the Court enjoin Defendants from deploying him on active duty until the constitutional qualifications and eligibility of the President and Commander in Chief can be established.

TRO App. at 20. Major Cook’s mobilization orders have been revoked, see DEX A, therefore, he is no longer subject to deployment or active duty service. As such, there is no longer a live case or controversy upon which this Court can give meaningful relief. Accordingly, Major Cook’s Application for a Temporary Restraining Order should be dismissed.

C. Major Cook Lacks Standing to Pursue His Claim

Without mobilization orders, Major Cook lacks standing to pursue his claims.

Standing is an "irreducible constitutional minimum" that has three elements. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992); see also Florida Family Policy Council v. Freeman, 561 F.3d 1246, 1253 (11th Cir. 2009) (employing Lucan’s three-pronged test). First, a party must have experienced an injury in fact: "an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical." Lujan, 504 U.S. at 560 (citations and quotations marks omitted).

Second, there must be a causal connection between the injury in fact and the defendant’s conduct that is "fairly ...traceable] to the challenged action of the defendant, and not ...the result [of] the independent action of some third party not before the court." Id. at 560-61 (quoting Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 41-42 (1976)).

Third, a favorable decision must be likely to redress the complained of injury. Lujan, 504 U.S. at 561 (citations omitted).

Major Cook cannot demonstrate that he will experience an injury in fact. His mobilization orders have been revoked and he is no longer subject to active duty military service or deployment.

Major Cook asserts that he is not reluctant to serve his country in the Armed Forces. See TRO App. Plaintiff’s Verification at p. 2. Thus, Major Cook’s claim that he would be harmed by his participation in the war in Afghanistan because it could lead to his classification as a "de jure war criminal," not entitled to the protections of international law, is no longer an actual or imminent threat (if it ever were), and certainly amounts to nothing more than conjecture on his part.

Additionally, a favorable decision on Major Cook’s Application for a Temporary Restraining Order, the only thing currently pending before this Court, would no longer redress the complained of injury.

Major Cook has asked that the Court issue a temporary restraining order to enjoin the execution of his mobilization orders which would bring him to Fort Benning, Georgia, and within the jurisdiction over this Court.

As set forth above, those orders have been revoked and Major Cook no longer has orders giving him any presence within this judicial district. Thus, this Court would no longer be the proper forum for his claims, and lacks
jurisdiction to redress the complained of injury.

Accordingly, Major Cook no longer has standing to pursue his claims, and his Application for a Temporary Restraining Order should be dismissed.

III. CONCLUSION

Defendants respectfully request that the Court dismiss his Application for a Temporary Restraining Order.

Now we wait to see what the Judge will do with it all and I can't believe that these filings weren't somewhat anticipated the Judge.

Interesting that I noted from the DoD filing, the Major not only doesn't have to go to Afghanistan, he is no longer subject to active duty.

 

[Publius]

I've read this whole thread and many others about this issue and if it is proven Obama is not a legal US citizen, then hang on to your hats.

Make sure you have your preps ready and stay out of the cities. There will have to be another election and maybe Mc Cain or Palin will be elected.

A black president is removed and a white one put in. Not only will there be total mutiny in the armed forces but there will be a civil war in this country, the likes which has never been seen before. Between the races.

It's almost as if the hidden PTB are deliberately setting this up. Martial law will occur with armies not from this country.

We'll get plenty of change. That's for certain. But I'm doubting it will be what many are expecting.

Yes stay out of cities and any riots law enforcement may be given orders shot to kill any protesters seen starting fires or with fire bombs and looters with stolen merchandise, harsh maybe not when you consider these people do not want to except the rule of law under the Untied States Constitution and are willing to destroy every thing and anything around them. The Military I would hope will be more civil and understanding in this matter and try to refrain themselves in restoring order. There will be people in our government that will need to be dealt with harshly for there involvement in aiding and abetting Obama. As to who would become President after will up to whoever is sill left in the Congress to decide will be pro-tempera until the next election

 

[BlueNewton]

The more they screw with Cook, the worse it looks for the Foreigner-in-Chief. He will be perceived as a bully, in addition to a coward, and a snake for paying hundreds of thousands to avoid producing records which would prove that he has met the constitutional requirements for holding the office he now holds. And the more they do, the more publicity the issue will get. And the more publicity there is, the more people will get involved. So let them screw with him. I think he is prepared for it.

 

[mt4design]

wow Sassy.

That is a damning chain of events.

So, this is how this country will treat it's heroes when they simply ask whether Obama is qualified to be CinC?

They got this reservist Major, who had already served several tours, FIRED from his regular job?

THAT is a disturbing, damaging and dangerous development.

Personally, I'd like to see ALL Liberty loving Americans who are presently serving go AWOL tomorrow if this is how a Patriot is to be treated.

Mike

 

[SassyinAZ]

I've just got to hold out for the Judge, we've all been disappointed before but he appeared to not be the kind of person, personally or professionally, that would tolerate these kind of shenanigans. I hope so anyway.

Did you notice this from the DoD's Motion to Dismiss:

Major Cook asserts that he is not reluctant to serve his country in the Armed Forces. See TRO App. Plaintiff’s Verification at p. 2.

Thus, Major Cook’s claim that he would be harmed by his participation in the war in Afghanistan because it could lead to his classification as a "de jure war criminal," not entitled to the protections of international law, is no longer an actual or imminent threat (if it ever were), and certainly amounts to nothing more than conjecture on his part

I think they themselves make a good case for the argument.

I would think that the Army's reactions only make the position stronger for other soldiers to do the same. If they never questioned or even thought about whether or not their orders were lawful, they certainly have reason to now.

 

[gelatinous]

Whoo Boy if the boy blunder is forced from office, and Biden is declared ineligible as part of the same administration, then we end up with PELOSI in charge.