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Federal judge dismisses reservist's suit questioning Obama's presidency
Ledger-Enquirer ^ | Thursday, Jul. 16, 2009 | Lily Gordon

Posted on 07/16/2009 9:30:23 AM PDT by 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."


TOPICS: News/Current Events
KEYWORDS: article2section1; birthcertificate; certifigate; citizenship; cook; eligibility; ineligible; lawsuit; military; naturalborn; naturalborncitizen; obama; obamafile; orly; orlytaitz; ruling; stefancook; stephancook; usurper
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To: Perdogg

That’s so cold war. Our troops would never need to go to Korea. They are crazy enough to try to nuke us. The ? is would O do the President duty to Protect America.


41 posted on 07/16/2009 9:54:40 AM PDT by Marty62
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To: getmeouttaPalmBeachCounty_FL

>>> This is *exactly* what military service members should consider doing! They should be lining up, jamming the courts

Obama is banking on the speculation that service men and women will put personal interest above country.

Is he right?


42 posted on 07/16/2009 9:55:58 AM PDT by Safrguns
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To: Perdogg

There are a couple of differences between the two cases in Jones v Bush, that suit would have at most prevented Cheney from serving as vice president. In addition the electors of Texas would be the ones guilty of breaking the law. The problem in this case is that if Obama is not president of the United States he cannot give orders to the military and as a result if a member of the military follows those orders he will be guilty of following an illegal order.


43 posted on 07/16/2009 9:56:59 AM PDT by ronnietherocket2
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To: Sequoyah101

Sorry I missed it.


44 posted on 07/16/2009 9:57:03 AM PDT by Marty62
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To: TommyTrojan

Well, it certainly looks problematic to me. If more guys start filing suits, this is going to get quite interesting.

It seems to me any actions against the men would open up the can of worms in a military court too.

Barry doesn’t have many options here. At least it would seem that way to me.


45 posted on 07/16/2009 9:57:20 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: jaxon72

This isn’t going away. Obama has all but admitted guilt by having Cooks deployment revoked and getting him fired. Obama caved.

Can you say USURPER? I thought you could!

Chant...USURPER, USURPER, USURPER


46 posted on 07/16/2009 9:57:30 AM PDT by Smokeyblue
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To: DoughtyOne

I am not disputing the possibility that 0bama is not constitutionally qualified to serve as President, nor am I a fan of 0bama, which I am sure you are aware. Unless someone has the certificate, this is a dead issue unless Congress takes this up. The Constitution has a mechanism in which to deal with this, it is called impeachment not the courts. The fact that GOP is out of power is no fault of mine. If Hillary or McCain wanted to challenge him, it could have been done.


47 posted on 07/16/2009 9:58:45 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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To: jaxon72

Not being a legal scholar, couldn’t this set a precedent for other members of our military to refuse deployment for the same reason ? It would seem that if enough of them did it, this would eventually end up in the courts ? Or would the military continue to rescind orders to bury this issue ?


48 posted on 07/16/2009 9:58:57 AM PDT by BobbyinCT
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To: Perdogg
"It would have been dismissed on lack of standing anyway."

Putting aside ALL the legal bullsquat -- the "brightest" and "most unifying" PRESIDENT of the United States who MUST be aware there are folks refusing to take him seriously due to questions about his Constitutional eligibility, would at LEAST like to end all questions about this CONSTITUTIONAL issue by simply providing a piece of paper..

Yes - the simple production of a piece of paper would put an end to the "tinfoil lunatics" doubting Obama's eligibility to be President....

Instead - he spends an uncounted fortune to avoid simply producing a Birth Certificate which he claims to possess...

Shouldn't sane folks wonder -- WHY?

49 posted on 07/16/2009 9:58:57 AM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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Comment #50 Removed by Moderator

To: Diogenesis
You know, it's fun to belittle the MSM but Limbaugh and Levin don't seem to want to touch the issue either except with very subtle side remarks. Last week Levin had a caller who cleverly got Levin to ask him what he (the caller) thought was Obama's first unconstitutional act. As the caller started to reply, Levin realized he had been had and dumped the caller.

For those who are interested and do not yet know Steve Malzberg is scheduled to have Orly Taitz and Maj. Cook on his show this afternoon on WOR. The show is streamed on WOR's website beginning at 3 PM. It only goes on the air here in the NYC Metro area beginning at 4 PM, so I would expect that they will be on after 4 PM, or if they are on earlier it will be repeated so that the NYC radio listeners get to hear it.

ML/NJ

51 posted on 07/16/2009 10:00:12 AM PDT by ml/nj
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To: Smokeyblue

Isn’t this the story of the century? Seriously, wouldn’t you see a President having to step down because of the revelation he wasn’t actually a citizen to be a Pulitzer level report?

It’s hard to fathom what a lackey press we have.


52 posted on 07/16/2009 10:00:29 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: BobbyinCT

No. He volunteered for duty in the first place.

“Earlier today, Quon said Cook submitted a formal written request to Human Resources Command-St. Louis on May 8, 2009 volunteering to serve one year in Afghanistan with Special Operations Command, U.S. Army Central Command, beginning July 15, 2009. The soldier’s orders were issued on June 9, Quon said.

“A reserve soldier who volunteers for an active duty tour may ask for a revocation of orders up until the day he is scheduled to report for active duty,” Quon said.”

http://www.ledger-enquirer.com/news/story/777472.html


53 posted on 07/16/2009 10:01:39 AM PDT by jaxon72
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To: ronnietherocket2
Bush would have lost because according to US Constitution, candidates from the same state would have to forfeit that state's electoral vote.

That wasn't the point of ruling. The point of the ruling was that people filling the lawsuit had no standing because they were not candidates. Plain and simple as day.

54 posted on 07/16/2009 10:03:46 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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To: Marie

“This is interesting. Now a president has been set. All you have to do is say, “I don’t want go go because the president isn’t legit,” and you’re off the hook. No court-marshal, no nothing. (Except the sabotage of your personal and professional life - an issue which still has to be addressed by the courts.)”
___________

It’s a good day for Al Queada.


55 posted on 07/16/2009 10:03:56 AM PDT by awake-n-angry
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To: jaxon72
They'll always find a way to get out of showing any proof. But this line..

Cook’s suit is “moot” in that he already has been told he doesn’t have to go to Afghanistan, ...

what reason do they give?

That 0 was not legitimate so in affect, he was right so he gets his wish to not go?

We're pretty sure the lawsuit was set up for 2 reasons. But, who cares. Kill two birds with one stone.

The reason given and to make 0 produce. 0 didn't produce but Cook got one of his wishes.

AND THIS...

Lynn Samuels, longtime liberal firebrand formerly of WABC radio in New York City and now featured on the "Sirius Left" channel at the satellite radio network.

During Monday's program, Samuels made this surprising case for a cover-up in the Obama birth certificate matter:

The Honolulu hospital which for nearly six months proudly declared President Obama was born at its facility and used that claim as a major fund-raising tool is now engaged in an active cover-up, hiding a White House letter announcing his alleged birth there and refusing to confirm such a letter even exists.

The Kapi'olani Medical Center for Women and Children is electronically cloaking what it had touted as a Jan. 24 letter from the president, in which the commander in chief, just four days after his inauguration, supposedly wrote, "As a beneficiary of the excellence of Kapi'olani Medical Center – the place of my birth – I am pleased to add my voice to your chorus of supporters."

http://www.wnd.com/index.php?fa=PAGE.view&pageId=103633

Well, there you go. Like Lynn said, "he doesn't even know what the hell hospital is was born in". hahaha go Lynn.

video at http://radioequalizer.blogspot.com/2009/07/left-wing-firebrand-lynn-samuels.html

56 posted on 07/16/2009 10:04:12 AM PDT by TribalPrincess2U (-0 retreats, Iraq explodes! NK fires missiles! Iran erupts! China erupts!)
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To: Perdogg

“It would have been dismissed on lack of standing anyway”

Agreed, it was (IMO) a ridiculous assertion to begin with.


57 posted on 07/16/2009 10:04:35 AM PDT by Peter Horry (Never were abilities so much below mediocrity so well rewarded - John Randolph)
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To: shay in florida

He was born in Baton Rouge, LA US of A.


58 posted on 07/16/2009 10:04:55 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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To: TribalPrincess2U

A reserve soldier who volunteers for an active duty tour may ask for a revocation of orders up until the day he is scheduled to report for active duty. Cook volunteered to go to Afghanistan in May.


59 posted on 07/16/2009 10:05:50 AM PDT by jaxon72
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To: river rat

I agree. However, it was up to either Hillary or McCain to make the case, neither one did.


60 posted on 07/16/2009 10:07:55 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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