SOLDIER REFUSES TO DEPLOY TO AFGHANISTAN ON ORDER OF FOREIGN BORN PRESIDENT, U.S. ARMY REVOKES ORDER RATHER THAN FORCE THE ISSUE IN COURT
July 15th, 2009UPDATE: Federal Judge Dismisses Reservist’s Suit Questioning Obama’s Presidency
“Federal court only has authority of actual cases and controversies,” Land said. “The entire action is dismissed for lack of subject matter jurisdiction.”
I think that because the additional plaintiffs weren’t facing orders to deploy, the court decided to end it. Major Stefan Frederick Cook’s issue became moot when his deployment orders were revoked after this lawsuit began.
This doesn’t resolve the primary question and it’s only a matter of time before more military personnel pick up the phone and call Orly Taitz.
Welcome to the Twilight Zone.
Via: Ledger Enquirer:
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.”
—End Update—
UPDATE: Retired Army Two Star General and Air Force Lieutenant Colonel Now Involved
From the revised injunction with the new plaintiffs added:
Plaintiff Major Stefan Frederick Cook previously received from the Defendants in this cause what appear to be facially valid orders from Colonel Wanda L. Good mobilizing him to active duty with the United States Army in Afghanistan on July 15-18, 2009 (Exhibit A). Plaintiff filed his Original Application for TRO on Friday July 10, 2009, and on Tuesday, July 14, 2009 his deployment to Afghanistan was revoked by order of Colonel Louis B. Wingate, apparently Col. Good’s successor at Army Human Resources Command in St. Louis (Exhibit B). This unexpected action does not in any way, shape or form, “moot” the application for TRO, which is here amended and resubmitted as an Application for Preliminary Injunction, covering both the possibility of future orders and to prevent negative collateral consequences such as retaliation against Major Stefan Frederick Cook (which have already begun) including possible violations of the general Federal and specific military whistleblower acts, as well as the First and Ninth Amendment civil rights of Major Stefan Frederick Cook to challenge the chain of command in the U.S military. It is obvious that this case has the potential to be converted into a class action on behalf of all military servicemen and women who require the means of establishing the legality of their orders with certainty.
This Court has the authority to hear cases which might otherwise be moot so long as they present: 1) an unsettled legal issues of public interest and importance and 2) an issue of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction. Major General Carol Dean Childers retired but subject to lifetime recall, and Lt. Col David Earl Graeff – Medical Surgeon in US Airforce Active Reserves, subject to recall any day, join in this Application for Preliminary Injunction 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.
Via: Ledger Enquirer:
A controversial suit brought by a U.S. Army reservist has been joined by a retired Army two-star general and an active reserve Air Force lieutenant colonel.
…
In a pleading revised after the revocation of Cook’s orders, Taitz argues that the application for preliminary injunction is not moot and that retired Maj. Gen. Carol Dean Childers and active U.S. Air Force reservist Lt. Col. David Earl Graeff have joined the suit “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.”
Cook’s resubmitted Application for Preliminary Injunction is meant to encompass the possibility of Cook receiving future orders for deployment as well as to address and prevent “negative collateral consequences such as retaliation against Major Stefan Frederick Cook …”
—End Update—
UPDATE: Fired from Civilian Job
The fun is just beginning for Stefan Frederick Cook.
Via: WorldNetDaily:
The Department of Defense has compelled a private employer to fire a U.S. Army Reserve major from his civilian job after he had his military deployment orders revoked for arguing he should not be required to serve under a president who has not proven his eligibility for office.
According to the CEO of Simtech Inc., a private company contracted by the Defense Security Services, an agency of the Department of Defense, the federal government has compelled the termination of Maj. Stefan Frederick Cook.
Cook’s attorney, Orly Taitz, wrote in her blog that Simtech CEO Larry Grice said he would try to find another position within the company for Cook, but nothing is currently available.
The Department of Defense does contracting in the general field of information technology/systems integration, at which Cook, a senior systems engineer and architect, was employed until taking a military leave of absence on July 10 in preparation for his deployment to Afghanistan.
“Grice told plaintiff, in essence, that the situation had become ‘nutty and crazy,’ and that plaintiff would no longer be able to work at his old position,” Taitz wrote.
Grice made clear that it was Defense Security Services that had compelled Simtech to fire Cook, Taitz wrote.
According to the report, Grice told Cook “there was some gossip that ‘people were disappointed in’ the plaintiff because they thought he was manipulating his deployment orders to create a platform for political purposes.”
The Simtech CEO then discussed Cook’s expectation of final paychecks, without any severance pay, and wished the soldier well.
Messages left with Grice’s office had not been returned at the time of this report.
“A federal agency (such as the Department of Defense, acting through the Defense Security Services Agency) clearly violates the Whistleblower Protection Act if it takes or fails to take (or threatens to take or fail to take) a personnel action with respect to any employee or applicant because of any disclosure of information by the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety,” Taitz wrote.
“What has happened in the present case of Stefan Frederick Cook is that a federal agency appears to have taken action against Stefan Frederick Cook’s private employer, Simtech, Inc., which is a closely held corporation owned and operated by members of a single family, who are as much victims of the Department of Defense’s heavy-handed interference with plaintiff Cook’s private-sector employment as is plaintiff Cook himself.”
As WND reported, Taitz confirmed to WND the military rescinded Maj. Cook’s impending deployment orders.
—End Update—
Bush was a de facto president and he had two terms in office. The difference here is that the military never revoked any deployment orders under Bush because of questions about his illegal presidency.
It would appear to me that the situation in the U.S. just became much more dangerous and unpredictable because, with this case, the mask is off.
What’s to stop tens of thousands of military personnel from obtaining the exact same outcome as Major Stefan Cook? Not much, apparently.
This is an extremely serious development.
Via: WorldNetDaily:
A U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after he argued that he should not be required to serve under a president who has not proven his legitimacy for office.
His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders.
“We won! We won before we even arrived,” she said with excitement. “It means that the military has nothing to show for Obama. It means that the military has directly responded by saying Obama is illegitimate – and they cannot fight it. Therefore, they are revoking the order!”
She continued, “They just said, ‘Order revoked.’ No explanation. No reasons – just revoked.”
…
Cook said without a legitimate president as commander-in-chief, members of the U.S. military in overseas actions could be determined to be “war criminals and subject to prosecution.”
He said the vast array of information about Obama that is not available to the public confirms to him that “something is amiss.”
“That and the fact the individual who is occupying the White House has not been entirely truthful with anybody,” he said. “Every time anyone has made an inquiry, it has been either cast aside, it has been maligned, it has been laughed at or just dismissed summarily without further investigation.
“You know what. It would be so simple to solve. Just produce the long-form document, certificate of live birth,” he said.
He said he was scheduled to report for duty tomorrow, on July 15, to deploy to Afghanistan as part of President Obama’s plan to increase pressure of insurgent forces there.
…
The military courts offer no option for raising the question, so he turned to civilian courts to consider “a question of paramount constitutional and legal importance: the validity of the chain of command under a president whose election, eligibility, and constitutional status appear open to serious question.”
“Barack Hussein Obama, in order to prove his constitutional eligibility to serve as president, basically needs only produce a single unique historical document for the Plaintiff’s inspection and authentication: namely, the ‘long-form’ birth certificate which will confirm whether Barack Hussein Obama was in fact born to parents who were both citizens of the United States in Honolulu, Hawaii, in or about 1961,” explains the complaint.
Taitz said she will attend the hearing to amend the temporary restraining order to an injunction because more members of the military have joined the cause.
“We are going to be asking for release of Obama’s records because now this completely undermines the military. It revoked this order, but it can come up with another order tomorrow. It can come up with orders for other people,” she said. “Am I going to be flying around the country 1,000 times and paying the fees every time they issue an order?”
Taitz said the issue “must be resolved immediately,” and she will continue working to ensure Obama proves he is eligible for office.
“We’re going to be asking the judge to issue an order for Obama to provide his vital records to show he is legitimately president,” she said. “We’re going to say, we have orders every day, and we’ll have revocations every day. This issue has to be decided.”
She said there cannot be any harm to the president if he is legitimately holding office.
“If he is legitimate, then his vital records will prove it,” Taitz said. “If he is illegitimate, then he should not have been there in the first place.”
Asked what this decision means for every other serviceman who objects to deployment under a president who has not proven he is eligible for office, Taitz responded:
“Now, we can have each and every member of the military – each and every enlistee and officer – file something similar saying ‘I will not take orders until Obama is legitimately vetted.'”
Knowing what you know by way of reading your comments over the last few years, I’m surprised at the scale of your reaction Kev. Especially considering the odds that this is just the latest in what is sure to be a steady stream of documentary “challenges” to Captain Change’s “legitimacy” over the next four years.
As much as the major’s attorney wants to make this into a larger issue of legitimacy, I still smell the distinct odor of brimstone smoldering away in the background there as well.
In the arena among all the different channels featuring bread & circus, this doesn’t even qualify as middle ring material:
“Ladies, gentlemen and children of all ages, please direct your attention away from the burning man to admire the dancing bears…”
Consider the resources at the Changebringer’s disposal: how difficult do you suppose it would be to forge any and all documents required to “prove” whatever he needs proved?
As far as I’m concerned, every single president that’s ever occupied the position was, is and will remain marionettes, responsive primarily to the interests of those who positioned them in the running for their day job in the oval office.
Bought, sold and paid for. Every single one. But then I’m admittedly cynical, based on how well so many blatantly obvious cover stories floated in the last fifty years remain “officially” unexposed. Not to mention the apparent level of effectiveness of the Mighty Wurlitzer in the current era, ankle deep in the 21st Century.
Between magic bullets, strategic suicides and the Wellstone Method, it would seem that the life expectancy of whistleblowers and dissidents are at an all time low. Paging Dr. Kelly, Dr. Kelly…
Point taken Miraculix, but imagine if this was orchestrated to play out in public and the plan always was to damage Obama and distract us from…. whatever else is going on.
The fact that this has not been squashed already seems to hint at either a)conspiracy or b) incompetence.
Now, I know that most conspiracy theories can be resolved by evidence from an incompetence theory, but I guess I’m wondering why the necessary documents have not been forged already. I mean, didn’t anybody think of this during the last few years of campaigning?
Right, so assume WND et al get their prayers answered and Obama gets forced out of office… what then? Biden sits out the rest of the 4 years, then it’s back to good old God-blessed Republican spend’n-large foreigner-bombers? Doubt it. It’d be Rodney King aftermath x 1000. Maybe even civil war.
Hey, maybe that’s what they want…
“to parents who were both citizens of the United States”
It is well known his father wasn’t a citizen. However, this hasn’t been a requirement of citizenship. Bastards and people born of immigrants have always met the presidential natural born citizens clause. You know, Newsmax and WND are funded by Richard Mellon Scaife who also funded both the Troopergate/Paula Jones pieces about Clinton (ask David Brock).
My first thought was that the military has a problem with the president and is doing this to deliberately stir up suspicions against him.
Whatever the facts, this is very strange. It’s another one of those stories that makes me wonder if there’s anyone in the driver’s seat at all.
Since the government routinely bends, breaks, or selectively reinterprets its own laws, the legitimacy of Obama’s presidency as a constitutional issue is politically moot.
‘[Lt. Col.] Quon could not say why the Army had revoked his orders, citing the Privacy Act.’
Relevant questions would be who revoked the order and under what pretext. I confess I know little about this aspect of the military.
I highly doubt this will be allowed to open up a floodgate of desertion.
The appropriate thing for Obama to do would be to find out who revoked the order, un-revoke it, punish the parties involved, issue a low-key public statement declaring it a mistake, and then coerce a judge to throw out the case.
This appears to be a calculated snub that I would guess originated from some disgruntled, crypto-white-supremacist faction in the upper-middle echelons. It may have even involved some type of fraud itself, since the political implications would seem heavy and it would be unlikely for the people at the very top to openly spit in Obama’s face like this, and it would certainly be unnecessary for them to do that since Obama has already proven to be a pliant tool.
Then again, one can argue that this is disquieting because it may increase the likelihood of an open military coup. One thing never talked about when discussing that possibility is the high approval rating the military enjoys. The public hates Congress, and the press, dislikes the Presidency, the courts, and the agencies, but generally ‘supports the troops.’
However, I think it more likely that Obama adroitly puts this fire out very quickly.
Note: I wrote this yesterday; low and behold, a federal judge dismisses the suit:
http://www.ledger-enquirer.com/292/story/779031.html?storylink=omni_popular
However, the judge only dismissed it on “technical” grounds, namely, that since relief was already granted, the orders being revoked, the issue is moot. Thus, the political implications clearly still appear to be in play.
The article quotes Cook saying that “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.”
Who knows where this could lead?
Mostly likely, it could lead to a larger mess that will make Obama look politically incompetent at the very least.