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."
For what, farting???
WHEN ---- and how did disobeyed any orders???
However you turn this, this order is also illegal!!!
But this action now opens the door for others in the military to file for relief of duty elsewhere, because they tried to keep the Gennie in the bottle, but the Gennie is now out and CANNOT be put back in the bottle!!!
Here is a small token we all can do and participate in, if we mean what we are posting here!!!
Somewhere there is a civilian clerk, or a military one for that matter, not to mention several senior officers, who know exactly the sequence of events which lead to the cancellation of those orders.
That person needs to suck it up, and reveal all that. There can be no question of "classified information" involved. While military members have an obligation to protect the person of the President (assuming for the momemt we actually have one right now), but not his political a$$.
What makes you think they'd send an IMA to command soliders. IMA's are generally "staff" type specialists. Intelligence eofficers for example. They might be briefers, or administrative types. This guy is an IT specialist in his former civilian job, lots of that needs doing in the conflict zone.
I know of one guy, involuntarily recalled after taking early retirement back towards the end of the Clinton adminstration, not to work in his military specialty, which he was by then almost 10 years out of date, in spite of having been an instructor in his last assignment. But rather called up for his civilian expertise, (in IT as it happens), He was given some sort of waiver on the physical standards, sent to Omar the Tent Maker to have a few sets of ACUs made up, and then sent to man a an air conditioned tent in Iraq.
My apology.
My apology.
Frank, you have a good point about the direct order.
Ain't nothing done "de facto" in the military. Mostly it's done in triplicate, but on occassion it's done VOCO, verbal orders of the commanding officer, but even then it's followed up in triplicate. (Or more, although today much of it is handled electronically, and many trees are thereby saved). If the rule is that the reservist can request relief from a voluntary call up, then he must request that relief explicitly. Otherwise, it's the command cancelling his orders, on their authorithy and for their reasons, not his.
That could easily be rejected on the same basis, that is, "Not a case or controversy", since it would be purely speculative.
He would have need to disobey the order, not just question it. He wasn't yet on active duty when the order was rescinded, Nor was he supposed to "go" until the next day. If he had refused to go, and the court had not issued the TRO, then he could have been subjected to a Court Martial for "failure to go", IOW, for disobeying his activation and deployment orders.
Of course it he had been, then he'd have the right of "discovery" and a military judge could have ordered up the BC and other documentation.
A "suit like this" would not mean refusing to follow the orders, it would mean asking for verification that they were legitimate and lawful. That is everyone's obligation, whenever their is realistic doubt about them.
Think about it this way. Suppose some guys shows up at your Intelligence shop, wearing the uniform of the appropriate service and grade, claiming to have just replaced your bosses boss, and orders you to admit him to the secure facility and brief him on the "current situation"? Do you do it?
You darn well better not without something more concrete than his statement. You have an obligation to protect the information in the facility from unauthorized disclosure. Asking to see his assignment orders, which would also contain his basic clearance information, would be the bare minimum you would want to do. You'd also have to verify he was cleared for any particular compartments that the facility might contain information from.
This is like that, the Major just wants to be assured of the apparent President, really is who and what he says he is.
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It was announced on Plains Radio Thursday night that Dr. Orly will be joined on this case by Steven Pidgeon, attorney.
http://stephenpidgeon.com/
http://rovingpatrol.wordpress.com/2009/01/15/steve-pidgeon-on-plains-radio-tonight/
We’ll just see about this now. Sorry to disappoint you.
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It was announced on Plains Radio Thursday night that Dr. Orly will be joined on this case by Steven Pidgeon, attorney.
http://stephenpidgeon.com/
http://rovingpatrol.wordpress.com/2009/01/15/steve-pidgeon-on-plains-radio-tonight/
We’ll just see about this now. Sorry to disappoint you.
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sorry ‘bout the double post..
As an IMA, Individual Mobilization Augmentee, he's a member of the selected reserve, not the IRR. IMAs are participating/training reservists. IRR members could be called "sedentary" reserve, because while they are subject to being called up, and may transfer to another category of the reserve (unit, IMA, etc) they do not, in general, actively participate. Major Good did participate. He even did inactive duty training in Kuwait, while a contractor there. (Not unusual, except for the location, may reservists live and particpate in foreign lands, particularly Germany and the UK.) More recently he spent nearly two years on similar active duty in the SouthCom area. (Everything in the Americans south of the Rio Grande and the Florida Straights). He just wasn't a conventional Unit Assigned "Weekend Warrior".
I've been active duty, IMA (two sorts, one where I was attached to an active duty unit, SAC HQ, and another where I was assigned to a different active duty unit/command) , IRR (both Obligated and non Obligated sections), and unit assigned Air National Guard. The only thing I never was was a unit assigned Federal Reservist, but the differences are between that and a being in a Guard unit are relatively minor on a practical level.
Actually sometimes they do. In fact in the early days of SAC, LeMay would have people deliberately go out and present themselves as something they weren't, or sometimes where, but without the proper paperwork being sent along first. Anyone who was awed by their insignia and manner, rather than their documentation soon got a personal call from General LeMay. If they were lucky, only got a strip ripped off of them, If they weren't lucky, they might find themselves peeling potatoes instead of running a Bomb Group.
This brave little Russian refugee lady has put her life on hold to try to save YOUR country. She flies all over the U.S. serving papers, giving speeches, meeting with various officials and giving radio interviews. This involves great expense, and it is reported that Dr. Orly is over $8,000 in debt from using her own funds in her fight to prove Obama's inelgibility. She needs researchers, lawyers and other volunteers. Please do what you can to help her. http://www.orlytaitzesq.com/blog1/ ,
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