Posted on 07/10/2009 3:22:39 PM PDT by rxsid
"MAJOR STEFAN FREDERICK COOK, Plaintiff,
v.
COLONEL WANDA L. GOOD, COLONEL THOMAS D. MACDONALD, DR. ROBERT M. GATES, UNITED § STATES SECRETARY OF DEFENSE, Rule 65(b) Application for BARACK HUSSEIN OBAMA, de facto Temporary Restraining Order PRESIDENT of the UNITED STATES, Defendants.
APPLICATION FOR TEMPORARY RESTRAINING ORDER
Plaintiff Major Stefan Frederick Cook has received from the Defendants in this cause what appear to be facially valid orders mobilizing him to active duty with the United States Army in Afghanistan on July 15, 2009 (Exhibit A).
AN OFFICER’S DUTY TO OBEY LAWFUL ORDERS: This Plaintiff, at the time of his original induction, took the United States military oath, which reads: "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" Title 10, Subtitle A, Part II of the United States Code contains the Uniform Code of Military Justice (UCMJ). 10 U.S.C. §890 (ART.90), makes it an offence subject to court-martial if any military personnel “willfully disobeys a lawful command of his superior commissioned officer," 10 U.S.C. §891 (ART.91) "lawful order of a warrant officer", and most importantly, 10 U.S.C. §892 (ART.92) provides court-martial for any officer who (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; In each case, 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. Unfortunately the Uniform Code of Military Justice does not provide a means for ascertaining the legality of orders, and accordingly, this Plaintiff is left with no choice but recourse to the ordinary civil courts of the United States to seek a determination of what he considers to be 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.
Plaintiff Major Stefan Frederick Cook is not a pacifist. He does not object to war or the use of military force in the implementation of national policy or the enforcement of international law. Above all, Plaintiff is not a coward, he is not engaged in mutiny, sedition, insubordination, contempt, disrespect, or any kind of resistance to any general or specific lawful order of which he knows or has received notice. Plaintiff Major Stefan Frederick Cook realizes and accepts as a matter of political reality (although it is very hard for him to bear personally) that many may criticize or even shun him, saying that he is not acting in the best interests of his country for trying to uphold the plain letter of the Constitution. Others may cynically ridicule this Plaintiff when, as an officer responsible not only to obey those above him but to protect those under his command, he comes to this Court asking for the right to establish the legality of orders received not only for his own protection, but for the protection of all enlisted men and women who depend on HIS judgment that the orders he follows are legal. Above all, when Plaintiff Major Stefan Frederick Cook submits and contends that he files and will prosecute this lawsuit and seeks an injunction or temporary restraining order against the enforcement of potentially illegal orders for the benefit of all servicemen and women and for the benefit all officers in all branches of the U.S. Military, he knows that those in power illegitimately may seek to injure his career. He knows that he risks all and he does so in the conscientious belief that he does so for not merely his own, but the general good. But Plaintiff cannot escape from the mandates of his conscience and his awareness, his educated consciousness, that all military personnel but especially commissioned officers have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.
NEVER BEFORE IN THE HISTORY OF THE UNITED STATES
Plaintiff presents the key question in this case as one of first impression, never before decided in the history of the United States: Is an officer entitled to refuse orders on grounds of conscientious objection to the legitimate constitutional authority of the current de facto Commander-in-Chief? In the alternative, is an officer entitled to a judicial stay of the enforcement of facially valid military orders where that officer can show evidence that the chain-of-command from the commander-in-chief is tainted by illegal activity? ..."
http://www.scribd.com/doc/17266905/05311066823
http://www.orlytaitzesq.com/blog1/
Would welcome 0’s removal sooner rather than later, but revealing him as the fraud he is will be pure joy!
PING!
Media E-Mail addresses enclosed below..... Let’s write them and ask them to cover the Barack Obama eligibility issue regarding his status as a natural born citizen and if he meets requirements under Article 2, Section 1 of the U.S. Constitution. It’s well documented that Obama is probably NOT eligible to serve. We the people have the right to know if our President is eligible to hold office as President.
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Washington Times, John McCaslin, jmccaslin@washingtontimes.com
” And that is addressed in the TRO request. What are your comments on how it’s addressed?”
It is addressed poorly, but given the way these pleadings are written, that’s no surprise. In 33 years of practice, I might have seen such turgid prose perhaps once. If this case came before me were I the presiding judge, I’d dismiss it so fast it would make the attorney’s head spin. Grounds...? Lack of jurisdiction for starters but failure to exhaust administrative remedies and of course standing. I might then suggest that the major, assuming he’s competent, be investigated for an Art. 94 violation.
Its astonishing, in this country, how quickly political zealotry, of either the rightwing or the leftwing variety, can lead otherwise patriotic citizens to turn against the military and be supportive of mutiny in time of war!
Thanks, rpa. Saved to hard drive.
Here’s a link to a free program for screen captures.
Have you read up Snopes? Apparently it is a husband and wife team and they are LIBS!In addition, they have put out false info in the past.
“The main thing that i take note of is that there is specific reference to “The President” in an officers oath.”
You may have in mind the oath by enlisted, non-commissioned officers.
The oath Major Cook swore to when he was commissioned, and the oath taken by all U.S. military commissioned officers intentionally says absolutely nothing about the President. The officers fealty is specifically to the U.S. Constitution.
As I speculated upthread, Major Cook is in essence challenging Congress as to its finding Obama was qualified - a finding perhaps based Obama’s publication of the altered COLB and despite the national uproar.
Thus, Major Cook would be well served in this time of great risk for him and his family, by the services of an experienced constitutional lawyer.
http://www.gopetition.com/petitions/1st-amendment-petition.html
Do you know what 'administrative remedies' they've tried? Furthermore, what administrative remedies have they failed to exhaust?
"mutiny in time of war"
Interestingly, while Commander Fitzpatrick isn't active duty (he is subject to recall though), he hasn't been arrested. Why? So far as we know, he's the first person in our country's history from the military to openly accuse the (alleged) POTUS of treason. Either he's correct, or he's not. Why hasn't Barry, in the very least, slapped a liable suit on Commander Fitzpatrick?
Furthermore, what about Lt. Easterling? He IS active duty and has openly called Barry a usurper. Is he being court marshaled? Is he even in custody? Or, how about a liable suit?
Indeed. And, this last week they were frantically active in trying to get their story straight! You see, Barry (allegedly) sent a letter to Kapi'olani hospital indicating that was his birth hosp. Yet, the all important snopes had on their web site for 6 + months, his birth hospital as Queens! Oops!
"News sites swap Obama's birthplace like magic UPI, Snopes change location within hours of WND report"
http://www.wnd.com/index.php?fa=PAGE.view&pageId=103465
"Obama's 'birth hospital' in astonishing cover-up Once proudly celebrated president, now in active mode to hide 'proof'
http://www.wnd.com/index.php?fa=PAGE.view&pageId=103633
We know Dr. Taitz has worked with (at least) Gary Kreep from the USJF on the Keyes lawsuit (even though he kept a very ‘low profile’). Perhaps she’s receiving assistance from them, or others, on this one as well?
Bump!
re your #229.
One certainly hopes so. Gary Kreep is admitted to several eastcoast federal courts, including the USSC and the 11th District Ct. of Appeals.
He also appears experienced enough to recognize any need for, and to seek, specialized counsel.
Prayers up for the Major!
“Do you know what ‘administrative remedies’ they’ve tried?”
Apparently none as none have been pled. In proper pleadings they would have.
“Furthermore, what administrative remedies have they failed to exhaust?”
Taking his silly claims through the military command system instead of attempting to undermine the command structure in time of war. Practice law much, r?
“Interestingly, while Commander Fitzpatrick isn’t active duty (he is subject to recall though), he hasn’t been arrested. Why? So far as we know, he’s the first person in our country’s history from the military to openly accuse the (alleged) POTUS of treason. Either he’s correct, or he’s not. Why hasn’t Barry, in the very least, slapped a liable suit on Commander Fitzpatrick?”
Arrested for what, r? For being a disrespectful loud mouth? Last I looked, that’s not a crime, though it might entitle him to a captain’s mast if anyone thought dealing with him was worth the trouble. From what I understand, most folks laugh at characters like Fitzpatrick and are content that they’ll never lead their sons and daughters in harm’s way. In any event, why is it of any importance at all if this Fitzpatrick, himself, is correct? The incompetent challenges to Obama’s “native born” status have been made and lost...multiple times, quite properly and in accordance with the law. All these activities by odd ball military types can accomplish, beyond more publicity for the dentist turned lawyer who is bringing these suits, is damage to the command structure.
“Lt. Easterling”
You mean the 40 year old Lt? Now there’s a guy who’ll likely bring down the government! /s He has set himself up for a mutiny charge. I hope he is charged! I hope he is convicted.
The real danger to this country is not the likes of an Obama, but rather the total lack of confidence in our institutions that people like these enemies of the military command system and those who support them are demonstrating.
What is it about “We are at War!” that some people simply don’t understand, eh r?
I have confronted one of my Senators, soon to leave office, PTL!
He answers that the usurper is an American citizen and he was full vetted!!
He does not take into account the Constitution's stipulation that the affirmative action's PINO is NOT a natural born citizen like himself and I!!!
"Arrested for what, r?"
Don't know as I'm not in law enforcement either. However, how about as a threat to the (alleged) POTUS? Seems like there was a there there, as he's stated he's been visited by the secret service for an 'interview.' Or, "inciting" mutiny or similar.
re: Easterling. "He has set himself up for a mutiny charge. I hope he is charged!"
Again, why then, hasn't he been charged? It's been, what...something like 4 months.
“We are at War!” that some people simply don’t understand, eh r?"
Indeed an excellent (& obvious) observation, you should check with the radical lib's on that one though. You know, the America haters, anti-Military et. al. crowd.
This issue needs to be on the forefront 24/7/365 shouted aloud from the roof tops!!!
Did you look more closely on this fake AP story, when it was dated???
You don't know, huh???
She might be guilty too in the conspiracy by NOT vetting him properly???
That is the reason why this scam our nation has never experience before in history makes it a huge Constitutional crisis imaginable!!!
And how can we best do that in real actions???
Instead of the many cheap words from the computer keyboard armchair "Generals"!!!
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