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."
How many times can the courts play that game (protecting Hussein)?
Time for more patriots to step forward with similar legal action.
I'm waiting for active servicemen to take similar action.
Stefan on camera:
http://www.ledger-enquirer.com/292/story/779031.html
I think you’ve got the wrong judge. The judge in California is the Marine. This was the judge in Georgia.
Wait.
I thought that he requested clarification of the President's standing to ensure that he was following a lawful order.
BIG difference. But, I'd never count on a journalist to get the facts straight.
I think a little accuracy is in order: Plaintiff filed suit in February (at which time he was in no special danger of being called up.)
In May, he volunteered to be called up. In June, he received confirming orders : orders that could be rescinded upon his request.
Instead of seeking recession via simple request form, he chose the Orly Taitz “show trial” route , so an artificial cause of action would be created.
The Army decided his lawsuit was a de-facto request to be relieved of the voluntary call up, and promptly released him.
There was no technicality involved. Instead, there was an empty,needless lawsuit, filed by parties who have shown a strong inclination to pull down the US government. (Check Orly Taitz’ own archives for confirmation.)
This very association may have been the reason behind the Major’s security clearance being placed under review.
The only thing about this outcome that surprises me is the lack - so far - of sanctions against Dr. Taitz.
Well, that certainly covers the Army. On that strictly operational level, you, and the Army are absolutely correct. Which still begs the larger question, "What about the constitutional validity of the order?"
THis has got to be handled, or the command structure is weakened.
Question, and I'm showing my ignorance here.... my understanding that he did not disobey the order, he questioned the order's legitimacy.
Is there a difference, or am I splitting hairs here?
Or many people here.
I am afraid that in that case as CIC obama would have him shot.
You do realize you’ve tried to conflate the judge in the Keyes/California case, and the Judge in GA, for the Major Cook case? ... yeah you knew. Nice try though.
Try reading the case filing.
Just D@mn.
Don’t forget to donate to Dr Orly Taitz.
That's not accurate, at all. The judge ruled the only way he could, by following the law. Which, as conservatives is the only thing we can ask of our judiciary. When they make it up as they go along, it's called legislating from the bench.
The TRO was asking for relief from a particular circumstance. When that circumstance was no longer a factual reality, the case had to be dismissed, as the judge correctly points out.
marking...thanks for posting
If anyone is interested in this story, I highly suggest you read the Application for Injunction.... very interesting, especially BOs SSAN #s
http://www.orlytaitzesq.com/blog1/?p=3120
ping”
As others have already pointed out to you; you have the wrong case, wrong court, wrong state and wrong judge.
Good day.
I hope more and more and more and more suits are brought forward. Perhaps we can play the alinsky game to and wear those sobs down.
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