Posted on 07/13/2009 2:24:35 PM PDT by real_patriotic_american
U.S. Army Maj. Stefan Frederick Cook filed a request last week in federal court seeking a temporary restraining order and status as a conscientious objector with the intent to stall and eventually prevent an upcoming deployment to Afghanistan.
In the 20-page document — filed July 8 with the United States District Court, Middle District of Georgia — Cook’s California-based attorney, Orly Taitz, asks the court to consider granting his client’s request based upon Cook’s belief that President Barrack Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of 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, and that Plaintiff would thus be simultaneously unable to perform his duties in good Rule 65(b) Application for Temporary Restraining Order 22 conscience and yet be simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.”
Cook received the orders mobilizing him to active duty on June 9, 2009. 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 July 15. From there, the Florida resident will to go to Fort Benning, Ga. before deploying overseas.
A hearing to discuss Cook’s request for an injunction or temporary restraining order will take place in federal court Thursday at 9:30 a.m.
This brave little Russian refugee lady is working harder and doing more than anyone to try to save YOUR country from destruction from Obama. She needs help. She is asking for researchers, lawyers and other volunteers. She needs contributions to help with expenses- which she is bearing mostly herself. Dr. Orly's site and PayPal: http://www.orlytaitzesq.com/blog1/ .
I doubt he will win.
... let me add that Obama’s advertised COLB just may be a forgery. That’s probably why figththesmears took it down.
Of course not. He should cook up some bullshit 'conscientious objection' claim then run for a publicity-seeking California pseudo-attorney.
Good point! We sill soon find out due to the noble efforts of Dr. Orly Taitz!
You wrote- “This was my concern prior to the election. Would soldiers be open to prosecution for obeying unlawful orders if the president were to be ineligible.”
Good grief son, argumentative must be your middle name. I said "What you've described, would clearly be an unlawful order."
But, reporting for duty and answering deployment orders are NOT in any way, shape or form "unlawful" orders. They are the major's orders, issued to him by his appropriate chain of command. One last time, uniformed personnel can not challenge the authority of command, to include the command of the duly-sworn President of the United States.
It is not a commissioned officer's prerogative to challenge the legal authority of the President - ever, in any circumstance including this one.
This major will lose and it is a utterly stupid legal strategy to pursue.
Any word out on how Orly did today at Federal Court in Santa Ana with Lightfoot vs. Bowen and Judge David O. Carter? I’ve been checking her site, but have not seen any updates yet.
No, they are carrying out the lawful orders of the person that:
a) the people of the states voted for,
b) the Electors appointed by each State elected by a wide margin,
c) that The Congress certified as the lawfully elected President,
d) who was duly sworn into office at President of the United States at noon on January 20th, 2009.
At this point, unless somebody can come up with positive proof that:
a) Barack Obama was not born an American citizen and that he knowingly hid that fact from the American people,
b) and have the United States House of Representatives, vote to impeach him on the grounds of obtaining the office fraudulently,
c) and have the United States Sente convict him on that charge and remove him from office
Then, Obama is the lawful President until noon on January 20th, 2013.
Likewise.
Kind of interesting that the president will allow this soldier to destroy his career rather than produce a simple document.
It certainly doesn’t say much for his leadership abilities.
Good point! Also, the military requested 2,000 more troops to Afghanistan and Obama sent 700. I thought Obambi was going to pull troops out of Iraq and beef up manpower in Afghanistan? Typical Democrat for you!!
You wrote- “Kind of interesting that the president will allow this soldier to destroy his career rather than produce a simple document.
It certainly doesn’t say much for his leadership abilities.”
OK, she's a "her". Fair enough. But really, I know it's fun to believe all this, and go ahead... but you're being played for a fool, and ultimately it'll just be used to discredit us on the right as extremist nutjobs. And... let me be crystal clear... I initially thought there was something to this as well but I've been satisfied otherwise. I certainly have nothing but contempt for BHO. But the reality is that he was, in fact, born to a U.S. citizen in Hawaii and there is simply zero credible evidence to suggest anything else. None. He's a creepy, narcissistic, socialist POS, and a natural born citizen.
I know what you'll say: Why then doesn't he just come out with his birth certificate? The answer is simple: Because he doesn't have to. Nothing requires it. Maybe there should be a requirement in the law that every Presidential candidate provide proof of eligibility, but there is no such proof required.
I wouldn't either if I were him, at this point. I'd let my detractors continue to hang themselves on silly conspiracy theories that don't affect me whatsoever, and make their side look ever more foolish every day. That's what I'd do.
"Support and defend the constitution of the united states and to obey the orders of the president and the officers appointed over me.... "
Guy's a dumb ass. Soon to be a court martialed dumb ass
Actually not wrong, that's what my commission says too. Almost. It actually says:
...And this Officer is to observe and follow such orders and directions, from time to time, as my be given by me, or the future President of the United States, or other Superior Officers acting in accordance with accordance with the laws of the United States of America.
But "in accordance with the laws" is what is in question. The key question is: "is BHO lawfully the President?" If he's not, the above obviously can't be referring to him.
Also that is just the certificate delivered to the officer. The oath of office, which is executed in writing as well as verbally, is another matter. It says nothing about obeying orders of anyone.
"at the pleasure of the President" just means the President can fire his a$$ any time he wants. Unless of course the President is a Republican, then All Hell Would Break Loose, if she should fire someone for violating "Don't Ask, Don't Tell".
Which brings up an interesting question, does "Don't Ask, Don't Tell", since it is a law and not just a military regulation, apply to the Commander in Chief? Ah well, even if it does, this Congress would not impeach and remove him if he "told" by committing an overt act on the South Lawn of the White House at high noon.
The guy will lose. That’s a pretty much foregone conclusion I just happen to agree with his sacrifice. There will be others.
This soldier is providing a greater service to this country by bringing this issue to court than by anything would be doing in Afghanistan.
Sorry! I disagree and neither do I believe you. This conflicting info WILL catch up to Obama.
.... and to defend her against enemies foreign and domestic! I still trying to determine if Obama is foreign or domestic (lol).
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