Posted on 07/16/2009 9:59:09 AM PDT by Fizziks
A federal judge this morning dismissed the suit filed here by a U.S. Army reservist who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president.
Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook's suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook’s suit is "moot" in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.
"Federal court only has authority of actual cases and controversies," Land said. "The entire action is dismissed for lack of subject matter jurisdiction."
It suggests to me that Mr. Cook perhaps failed to fully think this through before he jumped....
I think you may be wrong. (I could be wrong, but don't think so at this point) At A quick glance, his story seems to check out.
He seems to have an independent mind-set. IMHO, FR became so successful in the early days because of plenty of independent thought.
mrmeangenes
Since Feb 2, 2009
Seasoned citizen” , central NJ locale ; politically independent. ( I believe in “ Country First “.)
I used to post here as “genefrom jersey”; but, when my computer died (she had a broken hearted motherboard), I decided to start using the name I have used on many other sites for a considerable time : mrmeangenes.
genefromjersey
Since Feb 3, 2001
Info for Duly certified Old Fogey. Was brought up in an era when Republicans exerted the kind of control Democrats now exert ; originally favored Democrats as a result. By the 60's, I had become disillusioned with both parties.Am a bit more mellow now , but still politically unaligned : feel there are far too many " New Federalists" in both parties; ie: people who want an excessively strong central government that is run by an elite.
I have already seen that. We went through this the other day.
No apology necessary, but it was very gracious of you to offer one.
Some of us are a little slower on the uptake of of this birth certificate issue.
Yes, I knew that there were court cases, but until now, I thought that it was all just partisan politics. After the selection of a corrupt piece garbage like McCain as the Republican nominee to oppose Obama, I just assumed that the whole process was corrupted and which one got the presidency didn't much matter. I also incorrectly assumed that these birth certificate cases were little more than sour grapes at losing the election or even potentially racist BS. I can see now just how wrong I was in my assumptions. So it is actually me who owes you an apology for stupid assumptions! My apologies!
When a 21 year military veteran is prepared to put his career on the line just to clarify orders and all it takes is the production of a birth certificate to provide that clarification, yet they don't produce it and even persecute him for asking for it, then something is very rotten in DC. When the news media buries this story on page 10 in spite of its importance to the country, then things are way off. The American people have a right to answers about the qualifications of their Commander and Chief and a right not to be persecuted for asking for them!
The fact that Barack may not be qualified to serve doesn’t seem to be an issue, then?
See, that's the thing - I don't think it would be "rubble" if Obama were proven to be unqualified. We'd handle it, as I see it, just like Honduras handled constitutional lawlessness by their own chief executive. He'd be removed from office, preferably under his own power, then Joe Biden would assume the presidency. The question of whether Biden was legitimately elected due to Obama's lack of qualification is, as I see it, irrelevant to the constitutional succession.
Following that, there'd be the difficulty of unspooling everything else, and it would indeed be difficult, but it wouldn't leave Congressmen wandering aimlessly on the Mall.
BINGO! He has also SPENT LOADS OF MONEY trying to keep it a SECRET.
This act of mystery and deceit not a good quality in a truthful person. IMHO
WHY? All we want is proof, not something THEY say is proof. Even Lynn Samuels a Democrat says he doesn't know where he was born.
Lynn Samuels, longtime liberal firebrand formerly of WABC radio in New York City and now featured on the "Sirius Left" channel at the satellite radio network.
During Monday's program, Samuels made this surprising case for a cover-up in the Obama birth certificate matter:
The Honolulu hospital which for nearly six months proudly declared President Obama was born at its facility and used that claim as a major fund-raising tool is now engaged in an active cover-up, hiding a White House letter announcing his alleged birth there and refusing to confirm such a letter even exists.
The Kapi'olani Medical Center for Women and Children is electronically cloaking what it had touted as a Jan. 24 letter from the president, in which the commander in chief, just four days after his inauguration, supposedly wrote, "As a beneficiary of the excellence of Kapi'olani Medical Center – the place of my birth – I am pleased to add my voice to your chorus of supporters."
http://www.wnd.com/index.php?fa=PAGE.view&pageId=103633
Well, there you go. Like Lynn said, "he doesn't even know what the hell hospital is was born in". hahaha go Lynn.
video at http://radioequalizer.blogspot.com/2009/07/left-wing-firebrand-lynn-samuels.html
It’s patently ridiculous.
The guy did challenge his orders, or refuse to obey anything. He is asking if the status of the ultimate issuer of those orders permits him to issue any orders.
Your reasoning about military orders went out with the Nuremberg Trials. No American may follow an improper order. You cannot legally kill anyone, unless the order to do so was issued by someone constitutionally authorized to order you to do so. Of course, one may have to accept consequences and fight for that right.
As some point or other, MAj. Cook had to present a valid birth certificate. It is not entirely unreasonable to ask the CinC to do the same.
“I’m waiting for active servicemen to take similar action”
Why is that?During the nine years I spent as a national guard NCO before returning to active duty,it said “US ARMY” on my uniform-not “Wisconsin National Guard”
This will not crash the Constitution, and in fact, will strengthen it and probably provide a wholesale housecleaning of Congress, which, quite honestly, is exactly what the country needs. This Congress is breathtakingly corrupt, and most of them need to go.
So........
Question of the day:
WHAT’S THE MILITARY GOING TO DO WHEN THEY GET FLOODED WITH SAY 1000 OF THESE? OR 3K? OR 15k?
They have established that if you question Obama’s legitimacy, they you can get your orders revoked. This is a complete Cluster F^%# for the military.
Uh, yea he has. I have seen his posts now and again ever since I joined in 04.
Chill, he’s legit.
---
I agree with everything except the last sentence.
Isn't this EXACTLY what we want to accomplish? And wouldn't it be nice to accomplish all of this without tearing down the entire structure of local, state and national government? (Well, tear down 95% of the national government just on constitutional grounds ...)?
Yes, it would be wrenching. Yes, it might be violent and painful. But yes, this is the "change" we're all really hoping for. And just imagine how clean and fresh the air will smell after all this smoke clears!
So yeah, kick down that door in Hawai'i and ... hey ... isn't there a reward, too?
I would’ve expected a court martial for the Major for failing to obey, but canceling the orders and discharging him means that “someone” wants this covered up and fast!
OK. We know where you stand. Your security clearance, as an.....orbitdude...trumps values and Constitution. Thanks for your meaningless opinion.
Look, neither the GOP or the Military want to do anything that looks like a Coup. That will only add fuel to the fire. That being said, the Democrats have to deal with this. This Major isn’t going to be the only one to do this. Not that the precedent has been established within the Military that allows members to disregard orders, all they have to do is ask for Obama’s proof of Natural Born Status, and blamo, orders revoked. I can’t stress enough just how important that is, or how dangerous, it has hamstrung the military, and I am sure they are aware of it.
I am equally sure they are eager to be out of the middle of this!
The pressure really did get ratcheted up, regardless of this dismissal. The military has got to deal with the issue, and they are utterly certain to make that clear to the WH. They have no choice, the National Command Authority has been significantly undermined.
I can understand your confusion if all you depended on was this article. The author is being **deliberately** misleading.
Maj. Cook was NOT refusing to go to Afghanistan. He was seeking clarification of the order to assure that is was a **lawful** order. Officers must not only obey lawful orders, they MUST ( they are under oath before God) to question and clarify any order than may be unlawful.
Court Martial is standard operating procedure for this.
Yes, someone VERY high up is covering things up. Its a REAL SERIOUS problem for the military. There is only a thin veneer of legality covering their asses right now, and it is not real, its only an assumption.
That is BAD BAD BAD. REAL bad.
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