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/
Wow! Awesome!! Let the truth be known. May God bless Dr. Taitz and her plaintiff’s.
What do you think about this frivolous law suit, old country lawyer???
Monday, July 13, 2009 BIRTH CERTIFICATE FEDERAL TRIAL WILL GO FORWARD ON THE MERITS GREAT NEWS ALERT!!
Obama eligibility case will be heard on merits !! Please distribute everywhere.
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 proceedural 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.... 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.
Please say a prayer of protection for Orly, her family, and Judge Carter. Please also pray that the truth will come to light regarding Obama and justice will be done.
Dr Orly Taitz, Esq!
A globalist tool with adaptable handles and one broken blade.
INTIMIDATION from the obamafile: Obama sought to block radio stations by warning station managers that they would be subject to investigations by the Justice Department. Obama's campaign also planned to compel advertisers to pressure stations that air anti-Obama programming.
My e-mails to Schnitt have been blocked because I have scolded him for being silent on this matter!!
They are all scared to death to bring this issue to the forefront on their programs!!!
I just got a chance to finally read this request for temporary injunction in total. Major Stefan Frederick Cook is a hero in my opinion. what hutzpah. Would that we had more men like him in our military, a man willing to lay it all on the line, to his own potential detriment, in service of our rule of law, our chain of command, as well as of our country. I wish him Godspeed and victory, and that our most likely illegal POTUS born in Kenya, not the U.S., be removed from the office he has most likely fraudulently attained.
I look forward with eager anticipation the resolution of his case, and also pray that our courts are not so corrupted as to aid in the coverup of an illegitimate POTUS in the name of political correctness (can’t go after the first black President, because he’s black and therefore held to a different standard than all the Presidents that have gone before him). We will soon see how deep the rot and corruption is or is not in our country. A gov’t and courts that can no longer be trusted set the groundwork for a future 2nd revolution to overthrow tyranny. It’s happened before and it can happen again.
See post #322 and earlier posts on this latest news!!!
The usurper's letter to another Hawaii hospital is dated January 29, 2009!!
He put in the letter that he was born at that hospital!!!
Could there be any connection between the two dates, and WHY was it necessary to mention ("give an order") that he was born there, hmmmm???
That's Bad News. For Obama.
Even better, Judge Carter is a combat Veteran, having served in Vietnam at the battle of Khe San. He was awarded the Purple Heart and the Bronze Star. He was appointed in '98 by William Jefferson Blythe Clinton.
Revile? Don't you mean ‘reveal’?
Beyond that we all know that his father was born in Kenya and became a naturalized citizen. Even if he was not a citizen at the time of Barrack’s birth it does not matter.
Obama was born here to an American mother.
Are you arguing that he(the President) was not born here?
"Beyond that we all know that his father was born in Kenya and became a naturalized citizen." And just how do you know that to be a fact? cause Barry said so? I've only ever seen information that his (alleged) father was never more than a visitor to our country on a student visa. Where's the info that his father became naturalized?
"Even if he was not a citizen at the time of Barrack’s birth it does not matter." Senate resolution 511 says it matters. Certainly not that that is the end all be all, it is interesting to note that Barry himself agreed. Oh the irony!
"Obama was born here to an American mother." Again, proof...or relying on Barry's words again?
"Are you arguing that he(the President) was not born here?" I'm arguing that nobody knows for a fact, including you ... save for Barry himself and perhaps a few in his "inner" circle and those present during his birth.
When was this Senate Resolution passed?
I do not think it is retroactive in its’ application.
>>Obama was born here to an American mother.” Again, proof...or relying on Barry's words again?<<
Do you have definitive evidence to the contrary?
If anyone does they should take it immediately to the Justice Department.
“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 proceedural 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.”
Fascinating...considering the case was filed in the Fed. Dist Ct. in Macon, Georgia and the hearing, which is not a trial on the merits, on the TRO isn’t scheduled until Thursday morning.
d, why are you doing this? Are you out to adversely impact the military command structure?
BTW, I notice you’re not a native born American yourself....Sedition is a dangerous game for any American to play, but especially for a naturalized one.
Yes, I am very impressed with Judge Carter. It will be interesting to see how soon Obama resigns. I’m sure that he’s running low on legal fees.
In the future, maybe. Can't create an entire retroactive process, though.
Frankly, all these birth certificate conspiracy theories are no different from the Diebold conspiracy theories from 2004 - whining from opponents of the winning candidate.
I suggest you bone up and catch up on the subject and then ring our bell with your way-too-innocent questions.
Leni
Well gee Leni, if you say so..
Leni
This is an obvious coward looking for a bed to hide under - i hope he’s thrown in jail and rots until he’s dead - traitor in a time of war! Even if he suspects Obama ain’t legit, the congress certified the president and it will take an act of congress to undo it. This fa&&ot should go get a job as a florist and stop bothering everyone...
“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.”
Why do you think he gets a kook dentist who got her law degree online? This woman is going to get someone in a lot of trouble - perhaps prison - maybe worse - this coward major is balking in a time of war - he might find his neck in a noose...
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