Bombshell: Orders revoked for soldier challenging prez

Drudge Report, WorldNetDaily ^ | 7/15/09 | Chelsea Schilling and Joe Kovacs

[buggy02]

A U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after arguing he should not be required to serve under a president who has not proven his eligibility for office. His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders. "We won! We won before we even arrived," she said with excitement. "It means that the military has nothing to show for Obama. It means that the military has directly responded by saying Obama is illegitimate – and they cannot fight it. Therefore, they are revoking the order!" She continued, "They just said, 'Order revoked.' No explanation. No reasons – just revoked."

[1_Rain_Drop]

So what happens to Maj Cook now?

I'm glad he 'won'. Yet, I am a bit concerned that it was so easy...something's not right.

Or, did he actually do what everyone else was afraid to do and that's why it was so easy?

God Bless him and Protect him.

[MrB]

Causing chaos in the chain of command in the military could very well be a major step FORWARD in 0bama’s overall plan to destroy the country.

[MrB]

This is too obviously an admission that
0bama couldn’t stand the light of discovery
in a court challenge.

I think something else is afoot.

[drumr337]

He now has no “Standing”

[Nipfan]

“Yet, I am a bit concerned that it was so easy”

It seems they’re willing to do just about anything to avoid having to provide proof of the issue.

[randita]

What other of our brave military men and women will be seeking the same revoke of orders?

One person is just a ripple, but if it turned into dozens or hundreds, it would become a disaster.

The military blinked on this one. It won't help morale one little bit if they continue to blink if more service people take this course.

All Obama needs to do is show his valid birth certificate and all this will go away.

[opaque soul]

Nar-a-peep from State-Run-Media.

[SE Mom]

More on this here:

http://www.freerepublic.com/focus/news/2292848/posts

[Marty]

What I’m wondering is if someone higher up in the military can now claim that they need to know if Obama is legally eligible as it is now affecting the military. Seems to me that this case and subsequent revocation move would give someone in the military hierarchy the standing to ask the requisite questions. I mean, how can they make plans for any military actions if Obama’s presidency is in question?

[Sig Sauer P220]

Therefore, EVERY member of the military should challenge Zero.

[Old Retired Army Guy]

They revoked the order because that would make a legal challenge “moot” and therefore would not be heard by any court.

[Gondring]

Yeah. Dr. Taitz needs to go back to her dental practice and stop trying to play lawyer.

This announcement is not necessarily “a win.”

[buggy02]

According to the claim, “Plaintiff submits that it is implicit though not expressly stated that an officer is and should be subject to court-martial, because he will be derelict in the performance of his duties, if he does not inquire as to the lawfulness, the legality, the legitimacy of the orders which he has received, whether those orders are specific or general.”

What is “shocking” is they found a Judge that will listen to the argument.

[2Wheels]

You’re all being too narrow on this. If he is court marshalled - do you all not think there will be a backlash that has potential to snowball against the Zero Regime?

Also, he could not be court marshalled legally under a “Commander In Chief” who is not eligible for POTUS.

They did handle this wrong tho. They should have had a large number of soldiers doing this all at the same time under the same lawsuit. Power in numbers.

For this to have any effect - it will require at least hundreds to come together and proceed legally.

[Captain Rhino]

if I understand the legal theory correctly, in order to bring a case before the courts, you have to allege an actual or potential harm.

The Major’s case is based on him receiving orders to deploy and his claim they lack legal authority because President Obama is unqualified to hold office.

By cancelling his orders, the Army is removing the basis for his case. No orders, no case.

IMO, the major won’t receive any more orders. Issuing him orders would simply reopen the issue because all orders are issued through powers ultimately deriving from the President as Commander in Chief.

You are right that his career is over. But it was over the moment his lawyers filed the case and he knew it.

[mvpel]

Don’t be surprised if the government is getting ready for a court martial.......they will be compelled to send a message.

The problem with a court martial is that doing so gives tools for compulsion to the accused. It'd be interesting if he were to subpoena the documents in question.

[libstripper]

The orders were revoked to moot the case and deprive Major Cook of standing to sue. However, there might be a way for him to keep the case going. Anybody who's ever been in the military knows that all personnel are at the mercy of orders that can send them anywhere, anytime. Those which are revoked can be reinstated and those which are reinstated can be revoked. The revocation of the orders itself gives no reason(s) for the action; full discovery is essential to see why it was done and what assurance Major Cook has, if any, that the orders won't be reinstated as soon as the suit is dismissed as allegedly moot. Thus, Major Cook could argue the case is not moot and he still has standing because his orders can be reinstated any time DOD decides to reinstate them unless there is further clarification of the reasons for their rescission and the circumstances of their possible reinstatement.

Another point is that this action by DOD opens the floodgates for every other military and naval person who wants not to serve in any location to raise the same objection and pressure DOD into rescinding his or her orders, an unacceptable situation that can only be resolved by allowing the case to go forward.

[sam_paine]

they’re probably revoking his orders because his next ones will be to report to his court martial.

Yikes. Probably so.

Never attribute a pause in the military paperwork to victory, it's probably just changing the bureaucratic gears into low to crush you with more power.

[Dubya-M-DeesWent2SyriaStupid!]

I will bet this soldier is now going to be forced a conscientious objector discharge.

[MrB]

But...
Anyone else with a like mind can also challenge an order.

A military cannot function without orders being issued.

But, maybe this was 0bama’s goal anyway.