Posted on 09/13/2009 12:43:15 AM PDT by 2ndDivisionVet
A U.S. District Court hearing to determine if an Army captain fighting deployment to Afghanistan because of the challenged legitimacy of Barack Obama’s presidency was rescheduled for Monday.
Capt. Connie Rhodes filed the complaint last week and Judge Clay Land granted an emergency hearing Friday afternoon in the Columbus federal courthouse.
Rhodes, a medical doctor who was with her unit in Fort Riley, Kan., did not attend the hearing.
That prompted Land to reschedule it for noon Monday.
Rhodes is scheduled to arrive at Fort Benning today and deploy within seven days.
Orly Taitz, Rhodes’ attorney and a national figure in the “birther” movement, was in Land’s courtroom. Rhodes was ordered by her commanding officers to not leave Kansas, Taitz told the court.
“That is not the information I have from Fort Riley,” said Maj. Rebecca Ausprung, with the Department of the Army, Litigation Division in Washington. Rhodes had not informed her supervisor, Ausprung told the court.
Land made it clear he wanted to hear from Rhodes.
“I am going to require her to appear, so I can ask questions of her,” he said.
Ausprung said the Army would make Rhodes available.
The complaint filed by Rhodes is similar to the July 8 suit filed by Maj. Stefan Frederick Cook, who sought conscientious objector status and a temporary injunction. Taitz represents both.
Land tossed out Cook’s case in July.
Land said the judicial branch shouldn’t inject itself into “political disputes” and shouldn’t get involved in hypothetical debates that haven’t yet become actual legal disputes.
The Rhodes complaint makes similar arguments.
“Plaintiff ... submits and charges that the current de facto president is an illegal usurper, an unlawful pretender, an unqualified imposter,” the complaint states. “(She) submits that she cannot lawfully act under his authority, but that she is being forced to do so without any opportunity or remedial avenue whatsoever.”
Rhodes seeks to stop U.S. Defense Secretary Robert Gates, the commander of Fort Benning and others from giving any order to her or others until Obama’s legitimacy is established, the complaint states.
She also seeks conscientious objector status based on her doubts of Obama’s constitutional qualifications.
Our military is, if I remember correctly, required to obey “lawful” orders, and if Obama is not born in the US, then his orders sending her to Afghanistan are not “lawful”.
Dr. Orly Taitz, “We had a hearing on 11th. Defendants were represented by 3 attorneys: US attorney, Pentagon attorney and Fort Benning attorney. They claimed that my client, flight surgeon Cpt Rhodes MD didn’t show up for no reason, she just didn’t feel like coming.
I presented to the judge a notarized statement, showing that Col Jeffrey Johnson, her commander from Fort Riley, KS has forbidden Connie from leaving Fort Riley a day early and she was threatened that if she does, she will be court martialedand can be thrown into military prison. In this fashion the gov. prevented Connie from being at her own hearing and 5 minutes before the hearing they served me with the motion to dismiss.
Judge Land did not appreciate this strong hand tactic of the government and he ordered the government to make sure Connie is able to leave the base to be at her hearing, which was scheduled for Monday at 12 noon. This time it is their responsibility to do whatever is necessary for Connie to be in court.”
http://www.orlytaitzesq.com/blog1/
The Chicago pressure on the judge must be truly intense- offers he can’t refuse and all that.
Well, the President lies, why shouldn't his lawyers lie?
Hm?....And this guy, Johnson, took and oath to defend the Constitution? SHAME ON HIM!
I hold him in contempt! I hope his the men under him and his fellow officers do as well!
I have learned that what the judge says and what Orly thinks the judge says are too different things.
In fact, one of her motions that were denied last week was based entirely on thinking that the judge told her that the rules of civil procedure don’t apply to her.
Somebody had to take the bar exam for her. There is no other explanation for this level of incompetence.
Major Cook’s case was dismissed because his orders to deploy were rescinded. As a result, he had no “standing.” This legal term means that he had no injury to suffer. This is legally correct since the orders were rescinded.
In Captain Rhodes, her orders have not been rescinded at this time. Furthermore, she IS NOT refusing to deploy. She has reported to Ft. Benning as is following the order as normal. However, she is questioning the lawfulness of the order and the eligibility of the current Commander in Chief due to all his vital records being sealed.
It does not surprise me that the attorneys for the govt would lie. The govt has that track record long before the current President.
Captain Rhodes requested a day of leave when she heard
about the emergency hearing, but her request was denied.
She was then ordered to meet with Col. Johnson on Friday
at 1600. If she would have went to the hearing, she would
have been considered AWOL (Absent Without Leave) and charged with disobeying a direct order. These offenses would result
in court martial under the Uniform Code of Military Justice
(UCMJ). Military justice is a different world. They are
looking for a reason to fry her. That would been their
excuse.
Its a dicey situation. It takes tremendous courage for
Captain Rhodes to stand against the govt machine. Someone
needs to stand up for the brave men and women currently
in harms way in Afghanistan and Iraq. Lord knows that they
have stood up for our freedoms!
I realize that you're an “old timer” ‘round here...
I mean you've been on FR for going on THREE WHOLE DAYS ALREADY...
so let me be so bold as to suggest that YOU POST SOME DOCUMENTATION to back up your criticism! shezzzzzzzzzzzzzzz...
“Somebody had to take the bar exam for her.”
And what year did you past the Bar Exam?
That's what I thought...another "perry mason" wannabe!
LOL
Oh, and before I leave you, Stephanie...
Are you related to Hussein or just on the payroll? LMAO
3 whole days? Wow! ;-) He is Steviep98. Isn’t there another one with something86 that always bashes Orly? Drew86 I think is the other one.
Orly needs more help and needs to allow others to help her with proofreading etc. It seems like members of the military and retired military are strong supporters of her.
I have learned that you are an Obamabot troll, and weigh the value of your posts about the same as a dog dropping.
We have a lot of criticizers & “perry mason” wannabees...
but not many folks who are actually helping Taitz “fight the good fight”...
It's reeeeeeeeel easy to stand on the sidelines and criticize others while not being “in the game!”
Drew68
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