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Major Cook - Majorly Rejected
http://www.ledger-enquirer.com/292/story/779031.html ^

Posted on 07/16/2009 9:59:09 AM PDT by Fizziks

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: Front Page News; Government; News/Current Events
KEYWORDS: bho44; bhodod; birthcertificate; certifigate; lawsuit; obama; obroma; stefancook; urlisnotthesource
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To: r9etb
Distractions from the mission can have life-and-death implications.
^^^^^^^^^^^^^^^^^^^^^^^^^^

OBAMA is the cause of these distractions.

OBAMA is distracting the military. He could resolve this **immediately** by asking his secretary to make a 1 minute phone call.

Distraction? Put the blame where it belongs! ON OBAMA!

121 posted on 07/16/2009 2:04:20 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: The Sons of Liberty

“...but canceling the orders and discharging him ...”
-
I missed the part where he has been discharged.
Is there a link to that information?


122 posted on 07/16/2009 2:08:52 PM PDT by Repeal The 17th (I AM JIM THOMPSON!)
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To: Danae
Court Martial is standard operating procedure for this.

The problem for Obama with court-martialing this guy is that the moment the court martial begins, Cook gets access to compulsory processes of the court - that is to say, subpoena power.

123 posted on 07/16/2009 2:14:01 PM PDT by mvpel (Michael Pelletier)
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To: mrmeangenes
Instead, there was an empty,needless lawsuit, filed by parties who have shown a strong inclination to pull down the US government.
^^^^^^^^^^^^^^^^^^^^^^^^^^

It is Obama who is tearing down the government and sowing discord in the military.

With a 1 minute phone call from his secretary and about $10, Obama’s natural born status, and his legitimacy as a Commander in Chief could be completely resolved.

124 posted on 07/16/2009 2:16:23 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Know et al
Question: What would happen if an officer now in Afgan./Iraq, were to file a suit such as the one Major Cook filed, would their orders be rescinded?

Almost certainly not.

At the minimum, the officer would be charged with something related to refusing to follow orders, maybe Insubordination. No one is too big to avoid suffering the consequences of not following an order. See for example: Douglas MacArthur.

Followed by a Court Martial.

Followed by (if convicted) a trip to lovely Fort Leavenworth, Kansas or similar for many years, being discharged, or having your rank striped. Or all of the above.

125 posted on 07/16/2009 2:18:23 PM PDT by mountainbunny (Mitt Romney & his sons: members of the 1st Winnebago Motor Home Brigade, aka "The Fightin' RVs")
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To: mountainbunny

What if an officer followed an order, but also asked for clarification of its validity through proper channels?

Would there be a court martial in this case?


126 posted on 07/16/2009 2:20:48 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: Republic
I hope more and more and more and more suits are brought forward. Perhaps we can play the alinsky game to and wear those sobs down.
^^^^^^^^^^^^^^^^^^^^^^^^^

Exactly!

Personalize and delegitimize!

127 posted on 07/16/2009 2:23:07 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: OldDeckHand
the Army would have no choice but to litigate it.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Wouldn't that mean that Obama would need to disclose his birth certificate if there is one?

128 posted on 07/16/2009 2:24:28 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: mrmeangenes
I have no problem with anything you said in your original post other than the phrase that I jumped all over. People questioning Obama’s birth status are not trying to pull down the government! Actually, they are trying to preserve it. I question his status because of the amount of effort that has gone into the concealment of his status.

My problem is that all these *ssholes that do not have any information regarding his true birth status but are so willing to trash and disparage others that raise the issue. So far it appears that the ones that are making the most noise about not raising the issue are those on the far left; many of whom have joined this blog so as to cause disruption and dissension. I have not been wrong yet.

You have been here under your name for only ~ 6 months. Under what name have you been posting here for 9 years?

129 posted on 07/16/2009 2:24:53 PM PDT by dirtymac (Now is the time for all good men to come to the aid of their country. Calling all Son's of Liberty)
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To: mountainbunny; Know et al

http://www.wnd.com/index.php?fa=PAGE.view&pageId=89837

The above link is a World Net Daily story on 1LT Scott Easterling who is currently serving in Iraq. He is also represented by Orly Taitz and suing for the release of Barak Obama’s BC.

His 15 month deployment is just about up.


130 posted on 07/16/2009 2:25:32 PM PDT by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: mountainbunny
At the minimum, the officer would be charged with something related to refusing to follow orders, maybe Insubordination. No one is too big to avoid suffering the consequences of not following an order. See for example: Douglas MacArthur.

So suppose I - having never been able to serve in the military in my entire life - drive over to Hanscom AFB dressed up in Army surplus BDUs with all the proper insignia in place and a pair of these, at $3.50 each, stitched to my shoulders:

... and started barking out orders, would any colonel who politely requested that I produce credentials to prove my identity and authority be subject to court martial?

131 posted on 07/16/2009 2:26:25 PM PDT by mvpel (Michael Pelletier)
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To: Jacksonian Grouch
OK, I kinda am seeing your point so I thought I'd just post for clarity sake what exactly he petitoned the court for, IOW, his prayer for relief.


WHEREFORE, Plaintiff prays that this Court will enter a temporary restraining order without hearing, waiving all bonds or other financial requirements, and set this matter for hearing on Preliminary Injunction approximately ten days (not counting weekends) from the entry of this order. Specifically, Plaintiff prays that this Court

(1) recognize and respect Plaintiff’s status as a conscientious objector based solely on legitimate doubts concerning the constitutional qualifications and eligibility of the de facto President and Commander-in-Chief, Barack Hussein Obama,

(2) enjoin Defendants Colonels Robert M. Gates, Wanda L. Good and Thomas D. MacDonald from deploying Plaintiff to Afghanistan or anywhere on active duty at all until

(3) such time as the constitutional qualifications and eligibility of Barack Hussein Obama to serve as President and Commander and Chief have been established by clear and convincing evidence (which standard of proof befits a constitutional requirement, especially in light of the confusing and conflicting circumstantial evidence set forth in Exhibits B and C).

132 posted on 07/16/2009 2:27:12 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: dirtymac

genefromjersey


133 posted on 07/16/2009 2:27:27 PM PDT by mrmeangenes
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To: Danae
"Court Martial is standard operating procedure for this."

Not in any command in which I've practices military law would a court martial be a possible outcome for this case. The major was a civilian when he filed his petition for a TRO with the district court. Reservists/Guardsman don't face a court martial proceedings or even an Article 15 hearings for actions that they take while not on active duty.

At worst, the major will face an Army administrative review board if the Army chooses to remove him from the rolls, which is known as an "involuntary separation". He's an officer in the USAR. And, like all officers, he serves at the pleasure of the president. If HQDA decides that a separation is indeed the preferred outcome, he'll be separated without much fanfare. It's a fairly benign and unceremonious event that happens every day in all the branches of service.

134 posted on 07/16/2009 2:27:27 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: Buckeye McFrog

Winner!


135 posted on 07/16/2009 2:27:32 PM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: mrmeangenes

Your join date states: 2009-02-02.

That isn’t 9 years unless you joined this year under a new name. What was your previous posting name?


136 posted on 07/16/2009 2:29:19 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: wintertime

“OBAMA is distracting the military. He could resolve this **immediately** by asking his secretary to make a 1 minute phone call.”

Totally agree, but I’d change that first sentence to saying he is distracting more than just the military.


137 posted on 07/16/2009 2:29:32 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: OldDeckHand

“The major was a civilian when he filed his petition for a TRO with the district court. “

Maybe not. He filed as: “MAJOR STEFAN FREDERICK COOK”


138 posted on 07/16/2009 2:30:41 PM PDT by CodeToad (If it weren't for physics and law enforcement I'd be unstoppable!)
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To: mkcc30

This guy is not the shirker some are making him out to be.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

More proof that our Marxist journalists are deliberate liars.


139 posted on 07/16/2009 2:30:42 PM PDT by wintertime (People are not stupid! Good ideas win!)
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To: indylindy
Now then, indylindy: Please explain why I should not petition the moderators to have you removed-for numerous,uncalled-for, and unappreciated personal attacks ??
140 posted on 07/16/2009 2:30:53 PM PDT by mrmeangenes
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