Posted on 07/16/2009 4:20:20 PM PDT by Red Steel
A judge in Georgia has dismissed a case brought by a U.S. Army reservist whose orders to deploy to Afghanistan were jerked when he challenged President Obama's eligibility, telling the officer's lawyer the case would be handled better in Florida where the lawyer lives.
According to Orly Taitz, an attorney for Maj. Stefan Frederick Cook, the instructions came at today's hearing scheduled in Georgia by U.S. District Judge Clay Land.
The hearing was on a complaint originally challenging the legality of Cook's deployment orders – he was to have reported to Ft. Benning in Georgia this week to be deployed to Afghanistan – based on doubts about Obama's eligibility to be president.
It was amended after the Army suddenly jerked Cook's orders, and his civilian employer reported being pressured by the government to fire Cook.
Still not good enough, though, Land ruled, telling Taitz that the issue now appeared to be a dismissal complaint, and it needed to be handled in Florida where Cook is a resident and was employed.
"Since the Army revoked its orders and we asked for a Temporary Restraining Order," Taitz said, the judge concluded it was a dispute over retaliation.
"He says he no longer has jurisdiction and to refile the case in Florida," Taitz told WND shortly after the hearing.
"It's basically dismissed in Georgia. He advised us to have it refiled in Florida, because now he's not being deployed from Ft. Benning, he's not a resident of the state.
(Excerpt) Read more at wnd.com ...
Does no one have standing or jurisdiction?
hmmm, where have I heard that before....
Well now. Wasn’t that easy?
Let’s see who the new judge, if any, will be.
This case is dead in the water.
Judge Carter, you’re no Judge Sirica!
Ping.
Perhaps the judge did the reservist a favor here. Have the case refiled in his home state and add in retaliation to the mix.
He’s Judge Clay Land.
no controlling legal authority ...A. gore
These COWARDLY judges don’t want to have one thing to do with the hostile foreign invader known as Zer0. When it is finally proven, everyone of these judges should be charged with aiding and abetting TREASON. What I have learned from this little circus is that THE LAW MEANS NOTHING, and I have no intent of obeying it ever again. I will do what I want when I want, and that is all there is to it.
The injunction became dead in the water since Obama had his orders to Afghanistan canceled. This one is a new animal.
How convenient.
I hope they file in the court of that judge that in the 2000 stuff had all the ballots brought to his courtroom - made mincemeat out of the dem lawyers - loved him so much I sent him a thank you note!
“It’s basically dismissed in Georgia. He advised us to have it refiled in Florida, because now he’s not being deployed from Ft. Benning, he’s not a resident of the state.”
Keep shuffling it around, changeing venue, bleed the poor guy dry paying retainers and having to get another atty. licensed in the state, they’lll probly move it back to DC at some point, I hope this doesn’t go away...he should try to get some activists to help him out with a defense fund, cause they will bury him...
“These COWARDLY judges don’t want to have one thing to do with the hostile foreign invader known as Zer0”
Maybe they like breathing too much.
“THE LAW MEANS NOTHING”
Almost entirely valid point.
Marine Bump!
Semper Fi,
Kelly
I'm no legal expert...is this uncharted territiry or is there a precedent? If yes, what was the outcome?
I keep saying until one or more of the individual states challenge Obama’s birth the liberal judges is going to say noone has standing.
The States has standing because of Article III, Section 2 the Supreme Court has original jurisdiction in disputes between the States and the Federal Government.
But if we can’t find a single state out of 50 to challenge the legitimicy of Obama holding office then there is nothing to check his power in my opinion.
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