The Judge Caved

[chefdennis]

LOL, this is really funny...since the military told the Major that he didn't have to report, he doesn't have a case ...so the judge won't hear it now...since the Major is no longer being injured by being deployed by barry.....lol... He side stepped that one!!

News - Big Breaking News
Thursday, Jul. 16, 2009
Federal judge dismisses reservist's suit questioning Obama's presidency - Big Breaking News - Ledger-Enquirer.com

Federal judge dismisses reservist's suit questioning Obama's presidency

BY LILY GORDON - [email protected].

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."


Shannon Szwarc [email protected] Maj. Stefan Frederick Cook speaks to the press along side his attorney, Orly Taitz, after his case was dismissed by a federal court judge in downtown Columbus Thursday morning. Maj. Cook filed a suit July 8 in federal court asking for conscientious objector status and a preliminary injunction based upon his belief that President Barack Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as president of the United States and commander-in-chief of the U.S. Armed Forces.

- Shannon Szwarc


October 2008 dismissal of complaint
March 2009 dismissal of complaint
Soldier who says Obama isn't president doesn't have to deploy, Army says
Soldier balks at deploying; says Obama isn’t president
Orly Taitz profile from OC Weekly

Cook arrived at the federal courthouse in uniform this morning for his hearing.

Outside the courthouse, before the hearing, Cook defended his controversial position and declared his devotion to the military.

“I love the Army and I want to continue to serve in the Army,” Cook said. “If we can establish that he is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan… if they cut my deployment orders, so I can do the job that I want to do.”

Cook said following orders made by an illegitimate superior could ultimately lead to his prosecution, or worse.

“If one cannot establish the validity and legality of the order ... we would be following illegal orders and subject to prosecution,” he said. “I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.”

Other soldiers have been supportive of his position, Cook said.

“I’ve received quite a bit of popular support from officers in my grade and some officers a grade above and some officers a grade below,” he said. “Thus far, I’d say about 90 percent positive.”

Cook was accompanied by his attorney, Orly Taitz, who has challenged the legitimacy of Obama’s presidency in other courts. Two similar suits have previously been thrown out of federal court.

Ledger-enquirer.com will have more on this breaking story later this afternoon.

 

[Turtle]

The judge didn't cave nor did he sidestep anything. The case had no merit. None. What was the judge supposed to do, hear the case to grant a temporary inunction for a situation that doesn't exist?

 

[chefdennis]

its all in how you want to look at it..yep he should have heard it on the face and made his ruling and let the appeals courts settle it..the more this is in the public, the more people begin to question it..and that is all it is about...no matter if you, me or anyone else likes it....and judges hear cases that have no merit all the time, look at sotoliaor!!!

 

[layoutshooter]

I would question ANY order that Barry issued me if I were still in. I don't care WHAT congress said. I HAD to produce MY birth certificate when I went in the army. Barry is NO better than me. I don't TRUST congress, they have PROVEN themselfs to not be trust worthy.

 

[Turtle]

its all in how you want to look at it..yep he should have heard it on the face and made his ruling and let the appeals courts settle it..the more this is in the public, the more people begin to question it..and that is all it is about...no matter if you, me or anyone else likes it....and judges hear cases that have no merit all the time, look at sotoliaor!!!

You said it right there, hear the case on the face. There was no face. The very thing the suit was filed for no longer exists. Like I said, what was the judge supposed to do, hear the case to grant a temporary inunction for a situation that doesn't exist? This suit wouldn't have determined a single thing about Obama. All it would have done is grant a TRO to keep dood from being shipped out on the date of his orders. That's it. Since he no longer had orders to deploy, there was nothing in the law to warrant hearing of the case. It's not a matter of how you want to look at it, it's simply a matter of law.

 

[aristotle]

Chef... when the petitioner's cause of action goes away, so does the case.

 

[chefdennis]

Turtle you are right, but they already have 2 US military Generals that have joined the case and the 3 of them are now deciding how to bring it back.....the judge should have heard it, ruled on it and let his ruling stand as to the findings on barrys in the office legally....it will be back, as will alot more of them....its all about keeping it in front of the public, sooner or later just as with a lie, people start to believe it....then when the presuure is big enough and enough people make enough noise, the courts will hear it and make a ruling....then everyone will have to live with how the cards fall.....

 

[Poorboy]

The Officers Orders were Changed So It Wouldn't Get to Court, Which Got Barry Off the Hook!! Kinda Sneaky on the Administrations Part Huh? Hmmmm Makes ya Kinda Wonder as to How Many More of these Cases will be filed Until Barry Is Made to Show His "Real" Birth Certificate??

 

[Turtle]

the judge should have heard it, ruled on it and let his ruling stand as to the findings on barrys in the office legally....

You don't know what you're talking about. There was nothing to hear. Once the guy's orders got changed, the case became literally a non-case.

Imagine the City wants to dig up your front yard for a new sewer line. You file a case for a TRO to prevent them from doing it, so that you will have to time state your case as to why they shouldn't proceed with the digging. The day before your case is to be heard by a judge, the City announces they are scraping plans for the new sewer line and will run the line somewhere else. Your case instantly becomes a non-case. If the judge were to hear the case anyway, what's he going to rule on? That you should be granted the temporary restraining order to prevent the City from doing something they are not going to do?

it will be back, as will alot more of them....its all about keeping it in front of the public, sooner or later just as with a lie, people start to believe it....then when the presuure is big enough and enough people make enough noise, the courts will hear it and make a ruling....then everyone will have to live with how the cards fall.....

The thing is, though, the people who file these lawsuits, they are the ones who will have to prove that Obama's birth certificate is a fake. What they are trying to do instead is to have Obama prove it's not a fake.

People are so wrapped up in this Internet Feeding Frenzy over the Birth Certificate, but the fact is, it doesn't even matter. The state of Hawaii provided the birth certificate, and has certified its authenticity several times, but that doesn't matter in an Internet Feeding Frenzy. It's a lot like the claim that Obama and/or his campaign has spent millions to keep his "real" birth certificate suppressed, yet no one can fine a single verifiable document, not one, that reveal the dollar amount spent to prevent the release of the birth certificate. Some will point to documents what show money paid to law firms, but what that money was used for is always, always, pure speculation. Yet they are somehow able to determine that "millions" have been spent on it.

But the simple fact is, one of Obama's parents was a US citizen, which makes him a "natural born citizen" regardless of where he was born. It's true. Seriously, it's true. I'm not making this up, ya know.

People will point to the law as it read in 1961 to show that Obama could not be a natural born citizen, unless he was, in fact, born in the United States, so they go after the fake birth certificate. The legal definition in 1961 of how parents could be called U.S. citizens for this purpose was that a person would be considered a “natural born citizen” if either parent was a citizen who had lived at least 10 years in the U.S., including five years after the age of 14, in other words, one parent or the other would have had to be 19 years old at the time of his birth.

But Obama's mother was three months shy of her 19th birthday when Obama was born, which means he doesn't qualify as a natural born citizen unless he was actually born in Hawaii like the birth certificate states, and they really, really want that birth certificate to be a fake to show he was born elsewhere, and therefore not eligible to be president.

What an Internet Feeding Frenzy does is cause people to lose sight of little facts like subsequent acts of Congress relaxed the requirement to from ten years to five years in the U.S., and from five years after the age of 14 to just two years after the age of 14, meaning Obama's mother could have been 16 and still qualified even if Obama was born in another country.

Here's the kicker, though... Congress made the law retroactive to 1952.

So even if the State of Hawaii and a whole host of others engaged in this grand conspiracy are lying and the birth certificate is a fake, it doesn't matter even a little bit.

Any legal challenge would have to not only prove the birth certificate is a fake and that Obama was born outside of the United States, but it would also have to argue that Congress can’t make someone retroactively a citizen at birth.

Good luck with that.

 

[SalParadise]

... look at sotoliaor!!!...

Who/What is a sotoliaor?

 

[SalParadise]

I would question ANY order that Barry issued me if I were still in.

Who is "Barry"?

 

[chefdennis]

Turtle, I said you were right in the very 1st sentence....take a breath..all i said after that was the the judge should have illegally done..and don't start on that he could, it is done all the time...that is why there are appeals....and this case isn't being appealled, since the 2 generals were added, they are looking at bring it back with the original 3...............I will say, that someone with deep pockets is spending alot of money on this and barry keeps spending his campaign money also....but you can believe this is faar from over

 

[witness23]

Chef, does your head hurt from hitting it against that brickwall of yours? The only pockets these frivolous law suits are digging into are our's, the taxpayer.

 

[chefdennis]

Witness i have donated to the cause!! And i srew with the irs as much as possible to reduce my tax exposure, have for over 30 yrs!!

 

[Turtle]

Turtle, I said you were right in the very 1st sentence....

And then proceeded to state, "they already have 2 US military Generals that have joined the case and the 3 of them are now deciding how to bring it back." That's not true. The generals joined the case before the case was dismissed, and it's not even generals, plural, it's one General and one Lt Colonel.

They are: retired Maj. Gen. Carol Dean Childers who is subject to a "lifetime recall" that could happen any minute now, and active U.S. Air Force reservist Lt. Col. David Earl Graeff, a medical surgeon, who is also subject to recall any minute now. It's unlikely that either of these two have any kind of valid petition in a temporary restraining order, either. It is also highly unlikely that the Commanding General of U.S. Special Operations Central Command would want any of these people under his active command, since he stated quite plainly that he does not want Maj Cook's services, and therefore revoked his deployment.

There's also the nagging problem of Cook volunteering for active duty in May, apparently with no intent to follow through with his intentions, and that his real intentions was to volunteer specifically to file the lawsuit. Since he was in the reserves and volunteered, the lawsuit was completely unnecessary, as he could have simply un-volunteered at any time and his orders would have been rescinded. He's already involved in one other class action suit, among about 120 others, filed by the same lawyer, and was involved in that suit before he requested to be deployed. Then he requests to be deployed, and promptly files a suit to get out of it.

Cook crossed the line between duty and personal politics, and dragged the US military with him. He's put all military personnel at risk, not to mention the security of the United States, with an unfounded argument that they are war criminals for following the orders of an illegitimate president. He's already been fired from his job over this, and if someone wants to, criminal charges could be filed against both inside and outside the military. He's a moron who let himself get dragged into this by a nutjob lawyer.

Unless he and Taitz can actually prove their case, then a very strong foundation will have been laid for this being nothing more than a high tech military coup.

His lawyer has refiled the petition, and did so in what can only be described as an argument of whining and pouting, basically saying that "you should hear this case because I want you to." She argues that Cook lost his job and may be subject to further retaliation for his actions. Poor baby. She also states that this case may be moved to a class action suit, with her, of course, leading the charge. She states in the petition that the case should be heard, "because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.” Which is legalese for "if I don't file this case, no one will, and if anyone's gonna file it, it's gonna be me!"

She's trying to make a case under the Whistleblower Protection Act, because the Defense Security Service Agency, under the the Department of Defense, informed Simtech, Cook's employer where he worked as an IT systems engineer and architect, that Cook was no longer welcome at SOCOM (US Special Operations Command) for security reasons, and that Simtech should either fire him, or find another area within the company that didn't require the kinds of security clearances that Cook was very likely about to lose any minute now.

The suit has been amended to request an injunction not against imminent deployment, but against retaliation by his employer at the behest of the Department of Defense.


No, this isn't over. Not by a long shot. But she's backing herself and her clients into a corner I guarantee you they don't want to be in.

 

[chefdennis]

Turtle...it is simply about keeping it in the public eye, creating the impression that barry is in office illegally....even when this suit is finally done and gone, there will be another and another..sooner or later the SWHTF!!!!! And that is what it is about!!! Nothing else...

 

[cheri1122]

Witness nailed it - except that it's Turtle who probly needs the Excedrin.

 

[Turtle]

Witness nailed it - except that it's Turtle who probly needs the Excedrin.

I have no idea why you would think that.

As for "keeping it in the public eye, creating the impression that barry is in office illegally," in the hopes that something will come of it, is a fantasy, nothing more. It's an excellent illustration of how repeating something often enough and loud enough will get others to believe it, tho. It's an excellent example of just how stupid some people can be about things. But hey, some people still believe the Earth is flat, some people believe man never walked on the moon, and some people believe that human-induced climate change is actually happening.


"The threat of environmental crisis will be the 'international disaster key' that will unlock the New World Order." - Mikhail Gorbachev

 

[witness23]

Turtle...it is simply about keeping it in the public eye, creating the impression that barry is in office illegally....even when this suit is finally done and gone, there will be another and another..sooner or later the SWHTF!!!!! And that is what it is about!!! Nothing else...

So you basically don't care if the allegations are true or carry any merit whatsoever as long as they are "creating the impression" it is true? You are truly a piece of work chef.

 

[Turtle]

Chef has stated many times in many ways that truth doesn't matter, it's all about making Obama look bad.

When you perpetuate lies solely to hurt or disparage someone else, what does that say about your own character and personal integrity?