Federal judge dismisses reservist's suit questioning Obama's presidency

Ledger-Enquirer ^ | Thursday, Jul. 16, 2009 | Lily Gordon

[jaxon72]

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."

[getmeouttaPalmBeachCounty_FL]

Amen!

[drjimmy]

It wouldn’t take 40,000 troops to make an impact. There are about 40 brigades in the army. Around 3,500 soldiers per brigade. A brigade cannot deploy with less than 95% strength and every deployment is close to that number at the time of deployment. (Pregnant females, illness, etc. This is NORMAL.) If 50-100 people in every brigade refused to go based on this president, it would cripple the entire military.

And friends, somewhere in Washington enshrined in some little folder, is a study in black and white of my fingerprints. And the only reason I'm singing you this song now is cause you may know somebody in a similar situation, or you may be in a similar situation, and if you're in a situation like that there's only one thing you can do and that's walk into the shrink wherever you are, just walk in say "Shrink, you can get anything you want, at Alice's restaurant." And walk out.

You know, if one person, just one person does it they may think he's really sick and they won't take him. And if two people, two people do it, in harmony, they may think they're both faggots and they won't take either of them. And three people do it, three, can you imagine, three people walking in singing a bar of Alice's Restaurant and walking out. They may think it's an organization.

And can you, can you imagine fifty people a day, I said fifty people a day walking in singing a bar of Alice's Restaurant and walking out. And friends they may thinks it's a movement.

And that's what it is, the Alice's Restaurant Anti-Massacre Movement, and all you got to do to join is sing it the next time it comes around on the guitar.

[cynwoody]

The DOD *has* to court martial this guy. If they don’t, many soldiers will gather the courage to follow in his foot-steps. (Trust me, the bulk of the military doesn’t like this guy.) Quite literally, the army will have set the legal precedence to allow soldiers to strike.

Before they can court martial the guy, they have to order him to deploy, and he has to refuse the order. If they instead withdraw the deployment order (no doubt following the Chief's order), then they can't court martial him. And it will get very interesting if he starts a trend.

[getmeouttaPalmBeachCounty_FL]

Didn’t someone post in the last 48 hrs that Orly has others filing in Cook’s wake (no pun intended)?

[Non-Sequitur]

Before they can court martial the guy, they have to order him to deploy, and he has to refuse the order. If they instead withdraw the deployment order (no doubt following the Chief's order), then they can't court martial him.

No, but the Secretary of the Army can send him a letter saying his service is no longer needed by the Army Reserves, thanking him for his service, and wishing him well in his future outside of the military. Don't be surprised if that happens.

[xkaydet65]

SCOTUS has rejected prior cases on a matter of standing. As many have mentioned on this thread, Major Cook, as a soldier ordered for deployment by the CiC, has standing.The fact that his orders were so quickly rescinded after filing this action seems to arouse suspicion in some.

[jaxon72]

Cook volunteered to go to Afghanistan back in May.

An officer suddenly becomes a conscientious objector after volunteering to be deployed? They rescinded the orders because Maj. Cook put personal politics above Country.

Hope it was worth his military and civilian careers.

[jaxon72]

How many would believe it if they saw the actual birth certificate?

[Smokeyblue]

Ironically, “quickest way of shutting down the suit” is actually the fastest way of showing us that something is indeed amiss with Obama’s birth certificate and legitimacy as CIC.

[lovesdogs]

The trick is finding a reason for the courts to examine the evidence, where the filer both has standing and the action requested is something the court has jurisdiction over.

There is the $64K question. I wonder if there is something he has done or bill he has signed that propels the average taxpayer to having standing if an attorney worded just right?

[calex59]

The COURTS are a constitutional means. They are the third branch of government and in this case the only means by which we can get Bozo to pony up a BC.

[William Tell]

Perdogg said: "What if President Jindal orders forces into Korea and a soldier who didn't him like sues over eligibility? "

If the court permits the suit, then Jindal proves his eligibility, and the case is decided for the defense. Then the military court-martials the soldier for disobeying a lawful order and the soldier spends time in a military prison. Other soldiers will recognize the validity of Jindal's eligibility and will obey lawful orders.

What's the problem with that?

[Don W]

I thought that Jindal is the USA born offspring of naturalized parents, which is one definition of “natural born”.

[MilspecRob]

SCOTUS has rejected prior cases on a matter of standing. As many have mentioned on this thread, Major Cook, as a soldier ordered Volunteered for deployment by the CiC, has standing.The fact that his orders were so quickly rescinded after filing this action seems to arouse suspicion in some.

Fixed it.

[Safrguns]

>>> If they did that, why then would they have joined our armed forces - voluntarily - in the first place?

Not everyone who joins the military voluntarily is actually prepared to pay the ultimate sacrifice for their country.

Said another way....

Nobody actually knows whether or not they will be willing to throw themselves on a grenade to save others UNTIL they are presented with that opportunity.

Not all sacrifices require the forfeiture of life.
I sincerely hope that Major Cook proceeded with the knowledge of what was to follow... Otherwise his sacrifice may be in vain.

If others in his position fail to recognize the significance of what has transpired, the opportunity to carry forward Cook’s efforts will expire... and Cook’s sacrifice in some respects again will be in vain.

The wisdom of Cook’s decision is therefore dependent upon a gamble that others in his position share his dedication to duty.

Strength and technology doesn’t win wars... the will to fight does. I don’t think Obama believes that our men and women in uniform have the will to fight. Again... is he right?

That depends upon the answer to your question.
Only time will tell.

[Blu By U]

“the actual birth certificate..”

Which one? I read that he has 39 different Social Security numbers (under the name Obama Barak, etal)registered by address in just about everyother state in this union. How did he get those numbers without registering birthcertificates? More importantly why did he do this?

[AmericanVictory]

Exactly where in the Constitution are such suits prohibited?

[Perdogg]

first of all, the SCOTUS has ruled that a soldier cannot sue he superior officier.

second of all, it could be used as a means to harass the office of the presidency.