Posted on 07/16/2009 9:59:09 AM PDT by Fizziks
A federal judge this morning dismissed the suit filed here by a U.S. Army reservist who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president.
Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook's suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook’s suit is "moot" in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.
"Federal court only has authority of actual cases and controversies," Land said. "The entire action is dismissed for lack of subject matter jurisdiction."
So the case was basically dismissed on the technicality of his no longer being in danger of serving in Afghanistan anywise, not on factual grounds pertaining to Obama’s birth certificate. This explains why the Pentagon acted with uncharacteristic lightning speed to rescind his orders to Afghan. Probably direct orders from the top to do it, so that just these grounds could be used to dismiss the case.
Ya know, I’m not into conspiracies.
But this is just spooky.
The Army I was in woulda court-martialed my a$$.
Spooky. (And Tagline)
Now he needs to file suit over his dismissal in the private sector at the request of the Defense Department and name ZERO as a co-defendent.
Amazing. Back when I served, disobeying an order would get you locked up in the brig. The fact that this episode would so quickly get swept under the rug speaks volumes.
He wasn’t “rejected.” He got the relief he sought without going through the lawsuit. That’s the definition of “mootness.”
If someone else does it — if a lot of someone else’s do it, some court will eventually hear it even if each person’s orders are rescinded.
This issue is NOT GOING AWAY!
His lawyer Orly has over a hundred other people with the same case.
Thanks for the update. Stefan did a good job on camera. With this precedent we can only hope other officers will follow and force this issue.
This was totally predictable once the orders were revoked. You can’t protest an order as being illegal if no order exists.
“So the case was basically dismissed on the technicality of his no longer being in danger of serving in Afghanistan anywise, not on factual grounds pertaining to Obama’s birth certificate.”
BS. He sued to not have to go overseas and he isn’t going. If he wants to sue about Obama’s birth certificate he is free to file that suit but that isn’t the suit he filed.
Another judge bites the dust. A judge who promised to uphold the law just lied to the American public again. Wonder what he promised for his pig of a decision.
they are now in a Catch 22 as everyone who does not wish to go to Afghanistan is going to file similar actions
The Headline should be “Barack Blinked”
Judge made the right decision. Need to find more plaintiffs. Those sbject to stop-loss or just want to get out would be good candidates.
Now comes the civil rights case on his coerced firing. It will take time, but he will win that one.
Different case.
No need for a conspiracy theory here. Look at it from the perspective of a commander in a combat theater. Distractions from the mission can have life-and-death implications.
The Army almost certainly figured that a guy who would play politics with his deployment orders wasn't the kind of guy who should be commanding soldiers in Afghanistan.
No news about his getting fired because of this, either. Question: Is it only in our minds that this lightning capitulation by the Army means that the beat goes on? What if several hundred more reserve officers take up the call for recission of their orders to deploy ... or anything else?
It seems to me that the entire command structure is somwhat undermined now, to say the very least. Now, what if the Army orders Maj. Cook to do something else. What the hell would be the difference between one invalid order and another?
He was not suing to not have to go to Afghanistan, he was suing to verify that the orders that he was given were legal.
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