“Soooo, I’ll ask a dumbass question, just how exactly is a military member supposed to ask for discovery in a court regarding chosen1’s NBC status, if all the NCA has to do is rescind any orders issued?”
It would seem if amember of the military has that issue they can sue to ask if any further orders must be obeyed. Cook only asked if that particular order must be obeyed.
That’s just it, Code..., I read the thing, I have it, and the Major addresses the potential illegitimacy of the NCA. Nowhere in the order is there anything that requests whether that explicit order must be obeyed. Maybe it’s road-hypnosis (the thing is looong and dry as a kiss from my ex-wife...), or that quirk where the eye misses how many “F”’s are in a sentence, but I looked for something like what you describe - “...Cook only asked if that particular order be obeyed...” - and didn’t find it.
To my layman’s eyes, this was a lawsuit based on the NCA, not on the specific orders for deployment.
There’s gotta be somebody on the freep with legal training who can read this thing and help me out on this...
JG
That could easily be rejected on the same basis, that is, "Not a case or controversy", since it would be purely speculative.