Posted on 08/28/2009 8:21:55 PM PDT by rxsid
New Law suit filed in the Western District of Texas. Flight Surgeon Cpt Connie Rhodes, MD refuses to be deployed to Iraq until Obama’s legitimacy for the position of the Commander in Chief is verified Orly Taitz, Esq
Attorney & Counselor at Law
26302 La Paz ste 211
[snip]
(Application for Admission Pro Hac Vice
U.S.D.C. Western District of Texas
Submitted August 28, 2009)
UNITED STATES DISTRICT COURT
Western district of Texas
CPT Connie Rhodes MD,
Plaintiff,
v.
Dr ROBERT GATES, UNITED
STATES SECRETARY OF DEFENSE,
BARACK HUSSEIN OBAMA, de facto
PRESIDENT of the UNITED STATES,
Defendants.
APPLICATION FOR TEMPORARY RESTRAINING ORDER
Plaintiff Captain Dr. Connie Rhodes has received what appear to be facially valid orders mobilizing her to active duty with the United States Army in Iraq on September 5th, 2009 (Exhibit A). Captain Rhodes is both a US army officer and a medical doctor, a flight surgeon. On May 15th of this year 501 brigade out of Fort Campbell, KY, currently stationed in Iraq, has requested a support of medical personal in Iraq. Two days ago, August the 23rd, an order was given through the chain of command via e-mail for Captain Rhodes to arrive in San Antonio TX, Fort Sam Houston for Tactical Combat Medical Care Course (TCMC) to be held from August 30th till September 4t and next day, on September the 5th to arrive in Fort Benning in Columbus GA for immediate deployment to Iraq for a period of one year and twelve days from September 5th, 2009 until September 17th 2010. Captain Dr. Connie Rhodes wants to serve her country and fulfill her tour of duty, however as a US army officer and a medical doctor she has severe reservations regarding legitimacy of Barack Obama as the Commander in Chief and repercussions of her service under his orders, particularly in light of mounting evidence of him having allegiance to other Nations and citizenship of Kenya, Indonesia and Great Britain.
...
Continued: "http://www.orlytaitzesq.com/blog1/?p=4038"
Care to share the statement from Indonesia saying Barry was born in Kenya?
Thanks.
Not good.
The same is true if his father could be considered not "subject to the jurisdiction" of the United States, as an official representative of his government. Who picked the 81 students in the first Thoma Mboya airlift, and beyond being issued passports, did they have any official sanction? Wouldn't that be "interesting".
My feeling is that he was born outside the US, although perhaps not in Kenya.
I was referring (implicitly) to the Donofrio v. Wells case and SCOTUS's refusal to grant cert, without comment. The substance of Donofrio's case, as I'm sure you are aware, has nothing to do with his place of birth - in fact, I believe he stipulates that it's HI - and everything to do with the "natural born" clause.
But, you're right insomuch that this "natural born" citizen clause and it's contemporary relevance to presidential eligibility has never been fully - or even partially - litigated. It doesn't appear that's going to change in the foreseeable future.
Yet another sterling Orly Taitz effort goes down in flames. Note that she forgot to sign the motion before filing? When are people going to learn that it helps to have a competent attorney when you're going up against the Justice Department?
Yet another sterling Orly Taitz effort goes down in flames. Note that she forgot to sign the motion before filing?
Over at Fort Hood, there was a SGT who refused to deploy because the Afghanistan war was “illegal and immoral.” I’m having a hard time seeing why CPT Rhodes is and different from SGT Bishop.
Active duty and regular army are not the same thing. Unless her commission came from attending at West Point, she's unlikely to be RA, (although in times past at least a few ROTC grads were also tendered Regular commissions). Even people who come up through the enlisted ranks and get their commissions through OCS or ROTC, generally get reserve commissions. The distinction mainly matters when the RIFs come. Most likely her commission would come from attending a special medical officers commissioning school or by direct commissioning and then some short training on "The Army". .
Wow, I just discovered they are apparently so hard up for doctors, they've reduced the obligation for already trained doctors to two years.
Over at Fort Hood, there was a SGT who refused to deploy because the Afghanistan war was “illegal and immoral.” I’m having a hard time seeing why CPT Rhodes is and different from SGT Bishop.
http://www.kdhnews.com/news/story.aspx?s=35194
CPT Rhodes should face the same music - if not more, since she is a commissioned officer and therefore held to a higher standard. The Army doesn't give a damn about her political beliefs. When you get a lawful order, you obey.
It's not.
There's been dozens and dozens (hundreds really) of similar challenges - the war's unconstitutional, the President doesn't have the authority, the President is operating the limits of his Constitutional authority, the US is in violation of UN resolutions, the US is in violation of international laws or treaties, etc., etc., etc. - to not just this war, but virtually every war or engagement our Armed Forces have been involved in since WWII, and probably even long before. They've all ended the same way - poorly for the challenger.
As I said in a prior post, the UCMJ just doesn't lend itself well to the questioning of command authority, or to the litigation of political controversy.
Yet another example of:
Those who can, do. Those who can't become bureaucrats and/or politicians. Then they tell those who can do, what to do and how to do it.
FR mail
To be clear, she won't be in any legal or administrative jeopardy with the Army just for filing the application for TRO. The TRO has already, and not surprisingly, been rejected, FWIW. She only hits the jackpot if she doesn't physically report for duty at the time proscribed in her orders. She hasn't made any friends at HQAM with this stunt, but she's not going to feel any real heat so long as she complies with the orders of her superior officers, and doesn't make any disrespectful comments about her chain of command, including the POTUS - that is after she reports for duty. Up until then, she enjoys the same 1st Amendment protections as you or I.
As for the rest of your questions, I just don't know. It's not an area of law in which I'm entirely familiar - the complexities and intricacies of HI birth records.
I tend to be a "semantic originalist". IOW, I tend to give much weight to what the framer's intent was when drafting the Constitution. In my reading of the contemporary explanations of the "natural born" clause, I think there's some problem with Obama eligibility, even if he was born in HI. However, I understand the argument from the other side as well, and if forced too, I could probably argue the case that he IS eligible, and be equally persuasive. But, I'm not on the Supreme Court, so my opinion is about as worthless as it can be in this matter. Until this is litigated, it's all speculation and opinion.
They stay captains even a shorter time than we do. I was actually a captain for 11 years total (got off AF and into the reserves at EXACTLY the wrong time).
Colonel, USAFR
Precisely, Gato. The uncertainty sucks either way.
Colonel, USAFR
And all this time I thought he was supposed to have been born in Kenya...”
Maybe it was both!
“I was referring (implicitly) to the Donofrio v. Wells case and SCOTUS’s refusal to grant cert, without comment.” He (& Cort) had the wrong defendants.
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