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."
I believe the 0bamunists are deathly afraid of a discovery phase of any legal proceeding.
Who’s disappointed ?
Conspiracy buffs never quit (well,hardly ever !)
For that Dr. Taitz deserves our gratitude. She does deserve something else, and so do her clients: i.e., an experienced old trial codger to show her the ropes. Her procedural errors are often quite basic and as a result her efforts are often a setback for her clients and the team goal of getting Obama into a court where documentation will be required as a part of discovery.
Obama, as by now is obvious even in Rio Linda, has an excellent legal team on every aspect of this case. With Maj. Cook, she has gotten further than ever before and succeeded in getting SOME MSM attention, most of it as usual, bad. A lot to be said for OJT, which various judges have gently and not-so-gently administered to Dr. Taitz. As the results of this case show, she is rapidly improving. But unless she gets with an experienced partner, it will be a while longer until she is as good an American Lawyer as she is a Russian Dentist.
The Judge in Maj. Cook's case could not rule on the validity of Maj. Cook's original order, simply because there no longer was any such order. The defendants in the case didn't even need to argue that point. The plaintiffs no longer had a case. IMHO, Dr. Taitz was dead wrong, from a PR POV, in advertising this as a "victory." It was, if properly handled, perhaps an opportunity to move forward.
Plaintiff: "Your Honor, my neighbor's dog barks all night. We seek relief."
Defendant: "Your Honor, the dog is dead."
Judge: "Case dismissed."
Non-lawyers want to know why. OK. See you in court, and if anyone cares, maybe we'll all find out who did in the dog.
Equally here, how patient will the military personnel be, including the brass, before they say enough is enough??
Isn't our duty as civilian to back up the "fighting men" who are protecting our security from outsiders???
IMHO, Honduras showed cajones to say enough is enough!!!
He is (or, rather, was) a major -- a field grade officer. Majors command soldiers. Not necessarily in battle, but they're in command of people and functions.
That is one of the reason that we have a severe Constitutional crises that will get the Scholar's head (brains) spinning to they get blue in their faces!
If Joe knew, as I believe he does, that Barry is not eligible, he becomes an enabler himself!!
The next person to "inherit" the throne, is Nazi Pelowski and she also is an enabler!!!
Who in the world will be able ever to straightening out this whole mess???
.
As I posted on the previous page:
It was announced on Plains Radio Thursday night that Dr. Orly will be joined on this case by Steven Pidgeon, attorney.
http://stephenpidgeon.com/
http://rovingpatrol.wordpress.com/2009/01/15/steve-pidgeon-on-plains-radio-tonight/
.
The date of the letter is interesting to me!
Because Orly's other case with judge Carter in California was filed four days before, January 20, 2009!!
Coincidental, I think NOT. Calculated YES!!!
AMEN and amen, I could not agree more, thank you!!!
Thanks for straightening that (make that "me") out. IMHO, it is very good news, indeed. KB
This is what the Framers sacrificed sweat, blood, fortunes and tears fighting the brits' tyranny and make sure that we are Constitutionally protected from such tyranny today!!!
Apparently 52% of the American people don't see that way in lack of knowledge of the Constitution or they want to change it for power???
Try this -- from a respected military blog:
I think that this would be the crux of the matter, whether it could be proven that Biden 'knew' that Obama was not "constitutionally qualified" to serve as president. That would be fraudulent, and I suppose that would expose him to immediate impeachment. 'Course if Biden knew, then I suppose others in the Senate knew. Imagine the circus that a Senate trial would turn into?
We're way ahead of ourselves here, of course.
#158 ~~ MUST READ .... shaking head ..PING!
Thanks, meangenes .. is waveydavey a FReeper ?
I'm still not entirely convinced, that as of the filing of his TRO, Cook wasn't an IRR officer who was volunteering to fill an IMA billet. He had a civilian job after all. Incidentally, there's nothing wrong or limiting with being an IRR officer. In fact, there are plenty of reserve officer JAGS that while on IRR status have managed to put in enough time to get a good retirement year, especially the last 5 yaers. It's not uncommon for IRR officers (at least in the Marines and Navy) to accumulate more active duty points and thus more retirement points than their Selected Ready Reserve colleagues. Before I rotated back to CONUS after my last overseas deployment, I had as many IRR officers in my shop as I did active duty officers.
Be that as it may, for the purposes of this discussion, let's stipulate he was already serving in the capacity of an SRR or IMA. Cook was still a non-ob, according to press reports. As such, he had the power to step away from his assignment up until the time of his "activation" date. This was a "voluntary" deployment, not involuntary deployment, and that was my larger point. And, that's the factor that I presume HQDA took into consideration when revoking the major's orders. I'm guessing that they would have taken a different approach had this been an involuntary deployment.
This is extremely confusing, eh?
My sense is, and has always been, that while her motives are pure this fine woman is in over her head. I’ve wondered who is counseling HER on her various actions and if they are well-grounded in the law.
It’s all sooooo bizarre.
Wow..it sounds like this judge wants to get to the bottom of this. Orly needs to calm down and bring in some other lawyers to help her with American courtroom customs, etc.
It sounds like waveydavey admits in the article that he is an Obot.
And the info comes from a troll. Take it with a big grain of salt.
Advice taken.
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