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."
Not at all likely. In fact, the chance of this kind of case proceeding to the stage where discovery motions are granted is slim and none. And yes, Slim's out of town.
That won't be popular, but that's my opinion, based on more than a few years of service.
she would have been lucky to escape disbarment proceedings
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
And...The reasons for disbarment would have been....???? What?
Not material. It's a title that he's earned and is entitled to use. Let me repeat, there's no way, under no circumstances that Maj. Cook will face a court-martial over this event. No way.
I am not sure what would happen as I don't have a crystal ball and I will admit that I am presenting a worse case scenario potential. What you described is an orderly, sane transition of power -- a best case scenario. The likely results would be somewhere between the two.
But given the complicity of so many in the cover up, I am not sure that the transition would be orderly at all. This isn't 1974 with Nixon & a handful of cohorts. This would be the first elected Black POTUS being shown the door, and as you stated, even Biden's status would come into question. Wall Street would definitely be slitting their wrists. Some could believe that Obama was being "persecuted" because he is Black. And all this would be happening at the same time the economy is already tanking and more people are losing their homes and jobs. There could be significant civilian unrest that causes martial law to be introduced.
If martial law got introduced then it might take a real fight to get back to the Constitution.
All I am saying is that it could get pretty ugly before it ever got better.
Major Cook, live, NOW, WOR-New York.
“there’s no way, under no circumstances that Maj. Cook will face a court-martial over this event.”
I agree. He filed a petition with a federal court and did not make salacious accusations disrespectful of his superiors nor did he refuse to go as ordered. He might have to resign his commission but that would probably be the worst of any legal battle. His military superiors could make his life miserable but he might be in a position to just resign anyway.
He now faces having to sue to get his job and any future job back. It seems they have blacklisted the guy probably using his security clearance and that is hard to overcome.
Obama, and only Obama, is responsible.
If there is now less than 100% confidence in the Commander in Chief ( maybe he is a fraudulent CIC) the fault is entirely Obama’s. It is NOT the fault of rationally thinking officers.
Thank you for the information! I did not know that! And I think the details in this are very important!
However, does this change the fact that now any reservist who gets called up can now question the legitimacy of the Orders and expect them to be revoked?
If so, because that is SOP for Reserves? Or because the Command authority cannot produce the Documents requested?
If the Military gets massive numbers of these, does it become a problem?
Thank you VERY much for your service to the nation, and thank you again for your information!
D
Additionally, why not produce the documents and keep a valuable trained Officer?
If so, because that is SOP for Reserves? Or because the Command authority cannot produce the Documents requested?
As I understand it from press reports, Cook was a non-obligated IRR officer who volunteered for this assignment sometime earlier in the spring. After his orders came through, he filed his petition in federal court. The Army, apparently wanting to avoid the hassle entirely, simply revoked the orders. Although the circumstances are unique, it's not at all uncommon for the military to either amend or entirely revoke a set of orders.
If a similar suit is filed for an involuntary deployment by an active or reserve enlisted man or an obligated officer, that is an officer who either is on active duty or in the reserves because he's satisfying a contractual commitment to his respective service, I would imagine we would see a much different course of action on the part of the military. I would be surprised beyond description if the orders were revoked in a similar fashion as we've seen in this last case.
No, in part because strange officers don't just show up one day, unannounced. You, on the other hand, would probably be hauled you off to the looney bin where you could play cards with the guy who thinks he's Napoleon until they decided what to charge you with.
Also, because the number of officers above Colonel are relatively few. For example, there can only be a few hundred Brigadier Generals.
It isn't as though soldiers, including officers, don't know who serves above them, beside them, and below them. They do. You know your co-workers? You know when a new guy is hired in your department? You know when there are job openings? You know when there are transfers? So do they. They aren't stupid and they aren't in the dark.
Thanks for the inside baseball on how the military treats reserve officers.
I wonder, however, if the Major was not already considered to be on Active Duty since he had volunteered to deploy with a unit as an “augmentee”. It may well be that this unit’s departure date is imminent and he is already training with that unit full-time. The stories I’ve seen don’t yet get into that amount of detail.
This is a cautionary tail about a civilian lawyer attempting to navigate the military justice system. I’d feel a whole lot better about the Major’s case if he were represented for a former JAG officer or a lawyer with prior military experience.
You would need to ask one B. Hussein Obama that question.
I didn't suggest it was their fault...I didn't assign fault at all.
I'm saying only that the officers are now aware there is probably something to the accusation...and, hopefully, planning accordingly.
It'd be great theater to see the JCS give a press conference stating they believe all orders from the WH to be "unlawful".
As a clarification, this is how the military treats reserve officer that are non-ob. If this was an involuntary deployment of a obligated officer, I suspect the case's outcome would have been MUCH different.
As for your question about when he was on active duty; He would have been on active duty when his orders said he was on active duty, and not a moment before. There's plenty of cases where reservists have been in DUI accidents on the way to either a reserve drill or ATD or even a deployment. They won't face a court-martial for the DUI, but they could face several other charges relating to their unauthorized absence as a result of the DUI.
Lastly, I think you make an excellent point about civilian lawyers navigating the UCMJ, especially those with no JAG experience and particularly one like Cook's attorney who in fact has very limited ligation experience in total. Civilian laws are created to protect civilians. Military laws and regulations are there to protect the military. And experienced military jurist never forgets it.
Again: genefromjersey
But they ARE in the dark when it comes to the Constitutional qualifications of Obama as CinC.
His own grandmother says he was born in Kenya, and he not only refuses to disclose his original birth certificate, he has gone to great legal lengths to prevent it from being disclosed.
Observer’s report:
KEYES V OBAMA 7/12/09
AS DICTATED TO ME BY BB
I received a call from wavey davey who attended today’s hearing in the Central District of California. The outcome is not what we expected, but it is clear that the judge wants to position the case so that he can rule on the merits.
The judge had stern words for Orly a number of times, although he showed a lot of patience. She kept going off on her litany regarding the hundreds of Social Security numbers, and the judge let her bather on for a while. She also repeatedly asked the Court, “Why are the United States attorneys here? They have no standing, they’re not allowed to be here,” and the Court corrected her on that.
She wanted to talk about the merits of the case and the court said, “Today is not about merits, it is about procedure.”
The court made clear, several times, that he wants this case to go forward on the merits but he did say that proper service had not been achieved on Obama. The U.S. Attorney’s office was represented by DeJute. At first Mr. DeJute said that he was not authorized to accept service on behalf of the United States but it was determined that the U.S. Attorney for the district could accept service and so the court ordered Orly and DeJute to confer and to march downstairs together to properly serve the United States Attorney.
Charles Lincoln was present as a “law clerk.”
Wavey davey described him as “short, dumpy, early middle-age, balding.”
Orly continually argued with the judge. The judge responded, “I’m giving you a gift.” When she continued to want to argue the merits and that she had achieved service the judge said, “I think you must be deaf. You aren’t listening. You’re stubborn.”
The judge kept saying that he wanted “what gets this case into court on the merits.”
So what was agreed was that the service would be achieved on the United States Attorney, the United States would have 60 days to respond, and the United States many not ask for any extensions of time.
Orly still wasn’t even satisfied with this result and the judge kept saying, “If you want this expedited I’ll do this, but we need to get this resolved for once and all.”
At one point then Orly said she wanted mediation. The judge’s response was, “What’s to mediate? Either Obama is president or he is not.”
At one point Orly started to read the motion that she filed today. The judge cut her off saying, “I can read.” He noted that he had worked all weekend and would have been available to read this had she filed it earlier. “I’ve seen it. It’s not relevant, you’re wasting your time reading it into the record.”
Waveydavey did note that, as expected, Orly exhibited that she really does not have the socialization skills of others in the legal community. He said it was rather funny, when she first came into the courtroom she was beaming at her Orlybots — there were a number of them there — he was the only Obamabot or Obot there — she had a huge bag stuffed full of things, as well as her purse, and she marched right up beyond the gate and sat down at counsel table.
The courtroom deputy to whom she had not entered her appearance, spoke to her and told her, “It’s not your turn. Go back to the gallery and sit down. Your case will be called,” and Orly was quite flustered because she obviously doesn’t know the custom of a docket call.
Waveydavey also described her as being very pushy and that the judge, on a number of occasions, cut her off. At one point he called for a recess saying, “You need to calm down.”
The judge, several times, indicated that he wants to be able to rule on the merits of the case stating, “This needs to be resolved. We need to get rid of all these doubts.”
Orly indicated that she intends to file a FOIA request. The Court said, “Go ahead, but it would be a waste of time. If we’re going to hear this on the merits there may be rulings, you know, regarding documents.”
END OF REPORT BY WAVEYDAVEY”
Orly is an inexperienced attorney.
What does this have to do with being disbarred for the Cook case? Specifically, what has she done that deserves disbarment due to her representation of Major Cook?
I seriously doubt that there are many military members who think about it one way or the other. Like most Americans, they consider it to be a settled issue.
His own grandmother says he was born in Kenya, and he not only refuses to disclose his original birth certificate, he has gone to great legal lengths to prevent it from being disclosed.
Sorry. I just don't buy it.
If for no other reason that there was a Republican president, and a Republican head of the CIA, and a Republican head of the FBI, and a Republican head of the State Department, and a Republican governor of Hawaii for the entire length of the campaign. If you don't think that Obama was checked thoroughly in the days before the nuclear codes and state secrets were handed over, and almost certainly long before, I don't know what to tell you.
Is there something on his BC that he'd rather not see the light of day? Who knows?
I do know that many of the supporters of various theories about this issue throw out any and all evidence that doesn't suit them immediately.
For example: It wasn't his grandmother who seems to have said he was born in Kenya. It was his step-grandmother. Also, later on the tape, it sounds as though she misspoke, possibly referring to the father instead of the son, and reiterates that he was born in Hawaii, but that's always left out.
Another example: the Indonesian school record bandied about to "prove' that he held dual citizenship? It clearly says (second line on the page) that he was born in Honolulu.
And so on.
And the "great lengths" to which he has gone? I see all sorts of numbers thrown in the air, but nothing concrete.
References to other posts or blogs saying he's spent tons of money don't count. References to actual documented expenditures do, though in and of themselves, they would prove nothing. Even so, I haven't seen them.
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