Posted on 07/14/2009 5:16:06 AM PDT by NMEwithin
U.S. Army Maj. Stefan Frederick Cook, set to deploy to Afghanistan, says he shouldn’t have to go. His reason? Barack Obama was never eligible to be president because he wasn’t born in the United States. Actually, Obama was born in Hawaii in 1961, two years after it became a state. Cook’s lawyer, Orly Taitz, who has also challenged the legitimacy of Obama’s presidency in other courts, filed a request last week in federal court seeking a temporary restraining order and status as a conscientious objector for his client. In the 20-page document — filed July 8 with the U.S. District Court for the Middle District of Georgia — the California-based Taitz asks the court to consider granting his 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.” Cook, a reservist, received the orders mobilizing him to active duty on June 9. According to this document, which accompanies Cook’s July 8 application for a temporary restraining order, he has been ordered to report to MacDill Air Force Base in Tampa, Fla., on Wednesday. From there, the Florida resident would go to Fort Benning before deploying overseas. A hearing to discuss Cook’s requests will take place in federal court here Thursday at 9:30 a.m.
It is signed by Orly with a pending hac vice. As of yesterday, the clerk was still reviewing it. What happens to the Cook case if she isn’t admitted?
We need the COLB, that is not in a safe in a house. The BC that was pictured on the net was proven to be a fraud and acknowleged that is was a phoney.
Actually the CA one was ruling on procedure. Not merits.
The left is doing this with every issue that is a lie.
I think it must be one of Satan’s methods, as they use it so much.
Just flat out state that the lie is the truth.
“”thought it was the case we stayed up for all hours waiting for the LA times article. That is CA ...Judge ruling on merits not procedure.””
What did happen in the court in Santa Ana yesterday? Haven’t seen any reports yet.. Everyone was placing a lot of confidence in the judge (Carter?), a Bush appointee.
The chickensht Supreme Court will rule that a
soldier being deployed into physical danger
doesn’t have “standing” to challenge the status of the
Commander in Chief that is ordering him to risk his life.
And I doubt that this one will fare any better than the original.
LA times:
http://www.freerepublic.com/focus/f-news/2292023/posts
Do you want to see the copy of the email that preceeded both?
I imagine that a judge at a much lower level will scratch his head and wonder just what the hell conscientious objector status has to do with who is president. Either the plaintiff is morally, ethically, or religiously opposed to the war or he is not. Whoever sits in the White House has nothing to do with that.
Most likely.
I think the troll pods hatched overnight. We are going to need to get out our super dooper BS blasters today!
LOL
“What happens to the Cook case if she isn’t admitted?”
The local rule covering this is:
83.1.2(c). PERMISSION TO PRACTICE IN A PARTICULAR CASE. Any member in good standing of the bar of any other district court of the United States who is not a member of the State Bar of Georgia and who does not reside in or maintain an office in this state for the practice of law, will be permitted to appear and participate in a particular case, civil or criminal, in this court subject to the following provisions:
1. In a civil case in which a party is represented only by counsel not a member of the bar of this court, such counsel must designate in writing some willing member of the local bar of this court upon whom motions and papers may be served and who will be designated as local counsel. That designation shall not become effective until such local counsel has entered a written appearance therein.
In addition, in any case in which an attorney makes an appearance in any action or case pending in this court and said attorney is not a member of the bar of this court, he shall certify that he is a member in good standing of a district court of the United States and shall file a certificate of good standing from that court with the clerk of this court.
2. Any attorney representing the United States government, or any agency thereof, and any attorney employed by the Community Defender Organization of this district may appear and participate in particular actions or proceedings in his official capacity without a petition for admission or certificate of good standing, provided he is a member in good standing of a bar of a district court of the United States.
If that isn’t complied with, I would think the complaint would be stricken, likely on the court’s on motion, pursuant to F.R.Civ.P. Rule 11(a).
Wrong battle, wrong place, wrong time Major. You are an Army Officer and its time to do your duty.
A number of members of Congress do the same thing, Tom Price (GA -6), Saxby Chambliss, Johnny Isakson among them. They don't wan't to do anything to upset the applecart - it might cost them an invitation to one on zer0's cockatil parties.
IF 0bama is proven to be not qualified and is eventually removed, what happens to Sotomeyer? Supreme Court justices are supposed to be nominated by the [real] President. I
Other way around. The judge found that the defendant had never been properly served within the required 120 days and he granted Taitz an extension so she could do so. That's within his powers to do. While Obama is the defendant, nobody expects the President to be served in person and the local U.S. attorney is authorized to be served on behalf of the U.S. Apparently Taitz didn't realize that. The judge ordered both Taitz and the representative from the U.S. Attorney's Office to consult and go together to properly serve the U.S. attorney. So now the defense has another 60 days to respond, at which time they will no doubt file another motion to dismiss. At that time the judge will either grant the motion to dismiss or let it move forward.
There were severl version being posted as people were getting them from differenct sources. Here’s one variation. (Did you see Sarah Palin Op Ed in the Washington Post?...It was posted last night too)
Just got off the phone with Orly Taitz, the attorney in Keyes v. Obama.
At the hearing today at the Federal Court building in Santa Ana, Judge Carter said the following:
1. There will be a trial.
2. It will be heard on the merits.
3. Nothing will be dismissed on procedural issues.
4. The trial will be expeditious, and the judge pledged to give case priority.
5. Being a former Marine he realizes the importance of having a Constitutionally qualified POTUS/CINC.
6. Judge stated that if Obama isn’t Constitutionally qualifed he needs to leave the White House.
The DOJ will be involved with the case also…. I wasn’t clear if they would be trying to get to the truth or they would just be blindly representing Obama.
Orly will be adding members of the military from California as plaintiffs also.This is from what my interpretation of our conversation.
Orly, asked me to disseminate this information out for her, she will be doing a posting later after she gets some sleep.
http://citizensagainstproobamamediabias.wordpress.com/2009/07/13/29869/
This isn’t the right time or place for such a protest and reflects poorly on him and his unit.
Not the point at all. Its about the Legitimacy of the order. An order to war by a 'Chicago Community Organizer' is not valid.An order by a legitimate POTUS is.
This isn’t the right time or place for such a protest and reflects poorly on him and his unit."
I'm missing your point. He's not refusing to serve on active duty. He's refusing to serve under a phony CIC.
President Bush was a legal CIC.
Actually, the E-2 or E-3 would be in less trouble than this Major. The Major is in for a “major” a$$ slapping. The Armed Forces don’t play games about missing movement for any reason.
I got Pam’s email. That is what Orly told her. But that isn’t what happened.
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