Posted on 07/14/2009 9:21:08 PM PDT by Danae
This story has been slipping under the Main Stream Media Radar for some time now.
U.S. Army Major Stefan Frederick Cook Filed a restraining order asking for legitimate confirmation that his Commander in Chief was legitimately in Office, giving him his orders to Deploy to Afghanistan with his unit.
Today in a stunning development, the Military rescinded those orders.
This has set a precedent heretofore unknown. The entire US Military can now not only question it's orders, a requirement of their duty when they believe that an order is given illegitimately, but can expect that their orders will also be rescinded should they question the legitimacy of the CIC who is the ultimate Authority in Command. In other words, Obama.
(Excerpt) Read more at examiner.com ...
HOLY CRAP!!!
SOCOM is the knife in the teeth of the military...there have GOT to be some VERY PO'd officers walking around Tampa today.
This is truly unbelieveable.
How can this stand?
“In my brief chats today with a couple of soldiers they tell me the order to rescind can only have come from the very top...”
Not necessarily. I thought about this, and normally what you’d do is stick the Major into pre-trial confinement. You set a date for trial, and then the Army asked the WH for the documents. WH replies, “No problem on that request. We’ll have those documents to you right away.”
At that point, you can keep the major in the brig nearly indefinitely. You can keep filing motions, but the WH continues the speculation on whether the docs exist or not.
That didn’t happen.
What happened was the request was made by the Army, the request was rejected, and the Army decided to rescind the order, which they can do.
Legally, the Army knows what effect that’s going to have. Pretty tough for the MSM to ignore what amounts to legal desertion by anybody that trys this tactic.
The WH responded by making sure the Major lost his job (that was a political, not military move, and if you read Taitz’s blog post on the facts, you can see that pretty clearly).
At this point, my guess is that the military is forcing the issue with a completely valid military legal argument, and promising more chaos if they don’t take responsibility for making the issue a political one.
What’s deft about this is that the Army can defend their actions as being the most politically quiet one they have (You can see the ‘Free Major Cook’ t-shirts being a problem if they went with the pre-trial confinement approach).
Somebody smart has been stacking gradual political, and now military pressure on Obama to answer these questions.
The WH getting Cook fired as a military contractor was a rookie response in my opinion. What does it buy the WH? It makes Cook look more and more like a martyr.
There isn’t a moonbat in the world that will take the position that even though Cook was enthusiastic about deploying, he should NOT have questioned the legality and did it anyway. It means that Nuremberg and the Calley trial would be moot, and you’d open up the possibility of other Mi Lai’s. Mi Lai was a big liberal victory.
There isn’t a liberal in the world that doesn’t think its a ploy, but there again, none will make the argument that he should have blindly followed the order and taken his post.
I think this may have come from the top, but no way would Obama shiv himself like this. Press has pretty much GOT to talk about it now.
What does McCain have to do with this?
As of January 20, 2009 we've had a constitutional crisis.
Nope.
The Army, upon receiving the restraining order, couldn’t wait to pull the Major’s heart out through his rectum.
This is a slam dunk case for the Army’s lawyer - satisfy the Major’s requirement that the order’s came from a legitimate NCA, and then decide whether to put the Major on a plane, or in the brig.
Army’s lawyer calls the Pentagon’s liason to the WH, and requests that BHO provide his birth certificate. Fax it, scan it, messenger a notorized copy from HI to the Army base in HI, and set up a conference call with that base’s legal officer, and the case is over. Four hours total, two days tops, to clear this thing and then ensure that the Major retires a Major, or perhaps something lower.
Army’s lawyer gets the following in response:
Rescind the order.
Army’s lawyer is probably speechless, wondering what to say to something like that, because the ramifications of that are nothing less than:
“If I just heard the WH correctly, no officer holding a commission will be expected to follow any order by force of UCMJ, because if they won’t prosecute the Major, and respond instead to rescinding his order, then it means any officer who pulls this stunt can expect the same treatment.”
Now the Army lawyer is starting to feel a bit dizzy, knowing that there are ballistic missile submarines and missile silos - all commanded by officers - who will now either follow or not follow their orders - anybody’s guess on whether they will or won’t, because if they don’t on these grounds, they Pentagon will RESCIND the order.
All of this to say the following chilling thing:
There is no longer legitimate National Command Authority in the United States of America. If you refuse to follow a direct order, on the grounds of that order coming from an illegal CINC, then you go away scot free: order rescinded.
As of today, we now have a Constitutional crisis.
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worth reapeating...YIKES!!!!
“I think that Obama certainly has something big to hide...”
.
No politician is able to hide anything from his competitors nor supporters. Whatever he is or pretends to be, others know about it, yet continue to support him. They too are guilty as hell in creating this chaotic situation and should also be held responsible.
What possible justification would he have for doing this under Bush?
Right, none.
“..was he aware but allowed 0bama to go ahead anyway, the other Dems as well..”
.
There are plenty of members of the Stoopid Party that were in it, also. You can’t keep such a thing secret in the world of politics.
And what about the politicians in the former administration who knew the mess we were getting ourselves in voting for an imposter, and yet kept their mouths shut? They too should be held responsible.
Agreed. He’s hiding from the American public in collusion with his supporters and the media.
You are a certified nut case!
As an understanding of the ramifications of this outcome get through into the Judge Advocate General's office, I believe that is exactly the legal situation with which the military is faced.
The Major did not disobey an order at all--he took access to appropriate legal authority to determine whether the order was lawful. The seminal fact making the order lawful would be a demonstration by the putative CIC that he is Constitutionally eligible to act. The challenge to his authority was based on a simple narrow factual issue--where was he born.
So when the Commander, instead of responding directly with his birthplace, renders the challenge moot by withdrawing the order, it is a reasonable inference that he is in fact not eligible to act.
At that point, military officers who act on the basis of future orders need to be concerned that the legal consequences of their actions no longer rest on the authority of their superiors but on the actor himself--a dangerous position for a military officer.
That in peacetime in the domestic US. What position is the officer in if he is in the field in combat? Almost all of these treaties are couched on reliance on authority of the head of state.
Orders issued on the purported authority of a head of state who is not the head of state because he is not Constitutionally eligible to act as head of state are likely to be viewed as void.
I have been involved with this issue since the beginning over a year ago. Throughout the process, I have often suggested that the end game might well come down to this issue for the military.
As the issue has continued to develop against the obvious backdrop of evidence that Obama was in fact born in Coast Hospital in Mombassa Kenya, we have come to focus on the question of what the Joint Chief's and their counsel are thinking about. It has seemed to me obvious that the ultimate moment of truth was at had and would present the Chief's with a very difficult set of choices.
Wrong. I said deep in a South American rain forest. Not important. I guess you need the sarcasm tag: /s
Your oblique reference to Bush being selected not elected is as valid as my statement that Bush was born deep in a South American rain forest.
Boy are you gullible! - Muslim means stupid. - They sent 12 year old boys to fight Iran. They lost an entire generation.
It's an elegant approach to forcing the issue. The Major had standing by virtue of his membership in the military and being subject to orders from a legitimate Commander in Chief. So many other approaches have failed on the issue of standing.
I wouldn’t want to be him right now!
The people he has challenged consider themselves above review, even by the courts. Ruthless.
Pissed is right. This literally forced the Military into the middle of a VERY nasty Hairball that should never have gotten this far.
So Yea, I would imagine that there are some Teedoff Brass stomping around.
The military is more or less going to get neutered over this unless it is dealt with by the Democrats in power and really freakin fast. Obama got to go. If he can’t produce the documents necessary then he has to go. The Military WOULD NOT have voluntarily put itself into this position unless they HAD NO CHOICE because the Brass in charge of making that decision likely is VERY close to the President in terms of the rank, no lower down officer would have dared. If Obama had proof of his Natural Born Status, it would NEVER have come to this.
It could be cleared up and SHOULD have been cleared up MONTHS ago, with a Long Form Copy of a Birth Certificate. Given the nature of the position OholyO was running for, I am certain that Hawaii would have pulled that Micro fiche right out and printed a copy and overnighted it immediately. Absolutely certain.
That being said, NCA is out the door ATM. And that is BAD BAD BAD BAD BAD BADBADBAD and Not good! Legally speaking right now, there are no legal orders. A thin veneer of legality, but as the word of this gets out... its going to paralyze the US military which is a NATIONAL SECURITY ISSUE in the extreme.
I am scared, not just because of the constitutional ramifications, but because it opens us up to attack by a foreign Nation on a level not known since the days of George Washington and Thomas Jefferson.
This is the single biggest crisis I have yet to see in my lifetime.
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