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MAJOR STEFAN FREDERICK COOK v [et. al] (RE: Obama eligibility - Dr. Taitz)
7/10/2009 | rxsid

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/


TOPICS:
KEYWORDS: article2section1; barackobama; bho2009; bho44; birthcertificate; certifigate; citizenship; colb; cook; eligibility; hawaii; indonesia; ineligible; kenya; majorcook; naturalborn; naturalborncitizen; obama; obamanoncitizenissue; orly; orlytaitz; spartansixdelta; taitz; usurper
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To: LucyT

Didn’t see you in here and don’t know why ping!


61 posted on 07/10/2009 6:43:08 PM PDT by Las Vegas Ron (zer0 is doing to capitalism what Kennedy did to health care)
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To: rxsid

He’ll be barbequed.


62 posted on 07/10/2009 6:44:19 PM PDT by pabianice
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To: mono
very difficult to prove a negative, especially in a Federal Court. Flame away!

Requesting bambam show his BC is trying to prove a negative?

63 posted on 07/10/2009 6:46:00 PM PDT by Las Vegas Ron (zer0 is doing to capitalism what Kennedy did to health care)
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To: americanophile
Once again, I completely agree with your sentiment, but not necessarily with the foundation of your reasoning. Dr. Taitz is doing what she can to keep the question of Obama’s constitutional qualifications in front of the public. But there is not doubt of his lack of qualification if one can find a court willing to address the issue. In fact it may not be necessary to go to the Supreme Court, since, contrary to the misinformation repeated by so many, Chief Justice John Marshall explicitly repeated the definition accepted by the USSC in his response in THE VENUS page 12 U.S. 289 “The natives or indigenes are those born in the country of parents who are citizens.” (thank you Benaiah!) http://supreme.justia.com/us/12/253/case.html
Obama’s father was never a citizen. Barack himself has said so. Obama is not a natural born citizen.

For whatever reason, fear, avarice, our leaders, ignore the fact. Listening to Sean Hannity's man-on-the-street interviews, it is no surprise that most do not try to ascertain the truth. That is the currency of our confidence man in the white house. He is counting on an ignorant citizenry. It is sad that some supposed spokesmen for liberty and respect for the constitution, and whose books sell very well because of that (is that the Rahm Emmanual principle - taking advantage of a crisis?) won't even mention the Article II Section 1 disqualification.

But one assumes Obama has fought revealing birth records for some reason, even if only to embarrass his foes when he whips one out. The fact remains that Obama cannot be an “indigine or native born citizen” without both parents citizens. (Native born is equivalent to natural born, and that too can be found in USSC decisions.)

64 posted on 07/10/2009 6:47:20 PM PDT by Spaulding (Wagdadbythebay)
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To: Las Vegas Ron; null and void; Fred Nerks; stockpirate; george76; PhilDragoo; Candor7; BP2; ...

Thanks! Didn’t nully ping everyone? I’ve pinged about a zillion times today, and was trying to give everyone a break.


65 posted on 07/10/2009 6:47:59 PM PDT by LucyT
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To: rxsid
This is interesting. All Obama has to do to is present a valid birth certificate and case closed.

Why do I think that is not forthcoming?

66 posted on 07/10/2009 6:49:30 PM PDT by The Duke ("Are you now or have you ever been a member of the Democrat Party?")
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To: MinuteGal

Well, tell Major Cook thank you for standing up for what is right and for his dedicated, courageous service for our country.


67 posted on 07/10/2009 6:51:17 PM PDT by real_patriotic_american
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To: patriot08

It could have been a relative using him to get SS numbers, not him.


68 posted on 07/10/2009 6:53:06 PM PDT by huldah1776 ( Worthy is the Lamb)
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To: rxsid
Hearing in Major Cook case is set for July 16th, 9:30 in the morning, Federal District Judge Clay D. Land
69 posted on 07/10/2009 6:53:52 PM PDT by balls ("Our government isn't ours any more" - stockpirate)
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To: P-Marlowe; jude24; enat; blue-duncan; Kolokotronis

Your take on this?


70 posted on 07/10/2009 6:54:34 PM PDT by xzins (Chaplain Says: Jesus befriends those who ask Him for help.)
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To: patriot08
This brave little Russian refugee lady

I ask this question honestly, because I haven't paid her much attention.....is she not a "Truther" (the whackos who believe 9/11 was an inside job)? There are footprints pointing in that direction.

71 posted on 07/10/2009 6:56:43 PM PDT by ErnBatavia (She wouldn't 'ave a Willy or a Sam...)
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To: huldah1776
It could have been a relative using him to get SS numbers, not him.

LOL....need a bigger shovel?

72 posted on 07/10/2009 6:59:00 PM PDT by Las Vegas Ron (zer0 is doing to capitalism what Kennedy did to health care)
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To: ErnBatavia

No. She is not.


73 posted on 07/10/2009 6:59:47 PM PDT by patriot08
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To: Las Vegas Ron

I am in hiding from a family member. Not a joke.


74 posted on 07/10/2009 7:02:20 PM PDT by huldah1776 ( Worthy is the Lamb)
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To: Spaulding
Obama’s father was never a citizen. Barack himself has said so.

That is an example of how 0 frequently innoculates himself. When the fact that his father was never a citizen and he, therefore, is not a natural born citizen, is brought up in court later, he will say "I said that my father was never a citizen a long time ago".

0 must be listened to very closely. He doesn't waste words.

75 posted on 07/10/2009 7:04:24 PM PDT by balls ("Our government isn't ours any more" - stockpirate)
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To: Aria

That’s it in a nutshell.

While I admire, and will support this fine Officer, he’s messed up his carerr for life.

The Powers that be want Obama, and short of God plucking him up, we are stuck with him.

God...feel like plucking?

Please?!


76 posted on 07/10/2009 7:06:29 PM PDT by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: rxsid
Hrrm. Trying to see why, when faced with what one could argue was an illegal and immoral war in Iraq, soldiers were called traitors.

For the record, I served in the Gulf War, for a President I didn't like. When his son won the presidency, I almost expected some to cry that because they believed he “stole” the office from Gore, they were standing down. Since the courts ruled the results official, I backed him as my president. If only courts would back Obama...oh..wait...

77 posted on 07/10/2009 7:08:19 PM PDT by Armygoz (Not news.)
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To: rxsid

bump.


78 posted on 07/10/2009 7:09:57 PM PDT by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: huldah1776
I am in hiding from a family member. Not a joke.

Okay....don't worry, I won't tell anyone.

79 posted on 07/10/2009 7:10:28 PM PDT by Las Vegas Ron (zer0 is doing to capitalism what Kennedy did to health care)
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To: rxsid

I’m with y’all in spirit. Prayers Incoming.


80 posted on 07/10/2009 7:11:33 PM PDT by HighlyOpinionated (Sarah Palin and Michele Bachmann in 2012. With Liz Cheney as Secretary of State.)
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