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To: David
"That's why you have a better plaintiff with a military officer--the relief is easy; the Military Order is invalid because it was issued under the authority of a Commander in Chief who isn't."

You understand the plaintiff's application for TRO has already been denied in the Rhodes case, right?

From the ruling (a Bush appointee to the federal bench, and a former Texas SCOTUS Justice)...

"Plaintiffhas no substantial likelihood of success on the merits. Plaintiff presents nothing but conjecture and subjective belief to substantiate the basis for her claims, citing, for example, “opinion” and “doubt.” See, e.g., Application for TRO” 9,20. Given that the underlying bases for Plaintiffs claim cannot succeed on the merits, there is no irreparable injury that Plaintiff can suffer. A review of Plaintiffs verified complaint shows that it presents speculation and vague claims that fail to rise to the requirement that it present “specific facts … [to] clearly show that immediate and irreparable injury, loss or damage will result …. ” See FED. R. Civ. P. 65(b). As an officer of the United States armed services, Plaintiff is aware that she could receive orders to compel her attendance to fulfill her military duties. Rhodes has received such orders, which are commensurate with the orders issued by commanding officers. Consequently, there is no irreparable injury for this Court to evaluate. Finally, Plaintiff presents no compelling argument that the issuance of a temporary restraining order would serve the public interest."

The bench doesn't mince words in it's ruling when it says about the action it "cannot succeed on it's merits".

491 posted on 08/30/2009 3:49:26 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: OldDeckHand

I don’t know what kind of representation Cpt. Rhodes had; TRO’s are difficult to get; doesn’t mean you won’t get an injunction. The No Irreparable Harm ruling is obviously Nonsense.

So what do you want me to say. I would love to have had Cpt. Rhodes’ case from the getgo before it got filed—I didn’t. That is obviously different than the Military Response and the Judge in the Cook case in Georgia District Court.

This issue isn’t going away. You can keep talking all you want but this guy was born in the Coast Province, then of Zanzibar, now of Kenya. He isn’t President of the United States because the Constitution says he can’t hold the office. End of the story.


531 posted on 08/30/2009 6:06:18 PM PDT by David (...)
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