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Home » Activism, Cook v. Simtech, Eligibility, Kerchner v. Obama, POTUS

Eligibility Update: Cook v. Simtech Complaint Filed, Dismissed; Kerchner v. Obama Advertorial; Donofrio on Candidate Qualifications

Submitted by Phil on Mon, Jul 27, 200930 Comments
Eligibility Update: <i>Cook v. Simtech</i> Complaint Filed, Dismissed; <i>Kerchner v. Obama</i> Advertorial; Donofrio on Candidate Qualifications

Rev. Tom Terry, Plaintiff in a Georgia-based eligibility lawsuit, Terry v. Handel, recently issued the following news release concerning Sergeant Stefan Cook’s latest filing, Cook v. Simtech:

FOR IMMEDIATE RELEASE:

Contact: Dr. Orly Taitz, Esq.

Telephone Number: 949-683-5411

Email Address: dr_taitz@yahoo.com

Website: http://www.orlytaitzesq.com/blog1/

News Update: Major Stefan Cook Files New Suit Seeking Verification of Legitimacy of Obama as President and Commander-in-Chief.

Tampa, FL. 07/26/2009 – Major Stefan Frederick Cook of Tampa, FL has filed an eight-count “Complaint for Damages, Declaratory Judgment, and Injunctive Relief” in Federal District Middle Florida Court in Tampa, FL on 7/24/09. The attorney representing Major Cook is Dr. Orly Taitz, Esq., a licensed attorney in California who has filed other cases around the nation seeking discovery of Barack Hussein Obama’s Constitutional qualification as a natural born citizen to be President of the United States and the Commander-in-Chief of the Military. Dr. Taitz, a licensed dentist in CA, also serves as legal counsel for presidential candidate and former Ambassador Dr. Alan Keyes. Dr. Keyes filed a separate suit against Mr. Obama on January 20, 2009 that will be heard in Federal District Court in California by Judge David O. Carter. Keyes’ case is the first court case in which a judge has agreed to hear the legitimacy of Obama’s presidency. The date for Keyes’ hearing has not been set.

Major Cook’s most recent court filing (http://www.orlytaitzesq.com/blog1/?p=3333in Florida District Court follows a July 16 decision by Judge Clay Land in Federal District Middle Georgia Court in Columbus, GA to deny Cook’s request for injunctive relief.  The Army moved quickly before that date of hearing to revoke his deployment orders to Afghanistan and Judge Land agreed with the Army’s counsel who argued that the case was then moot.

Asked about the new filing, Maj. Cooks responded: “I hope that this situation is resolved quickly and based on the merits of the arguments – not on the basis of procedural grounds.  My expectations are that I shall ultimately be vindicated through either this injunction filed in Florida or through the case filed in California. I passionately want to restore faith in both the Constitution of the United States of America as well as its Government.”

Cook is seeking the Court to declare that his officer’s oath, “to support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God,” requires him to challenge the chain of command if there is a reasonable suspicion that Mr. Obama is a possible Presidential Usurper. His filing asserts that Mr. Obama has taken the office of President under false pretenses of constitutional qualifications since he has withheld his original birth certificate that would verify his U.S. natural born citizenship and thus may be a “domestic enemy”, and “a clear and present danger as an enemy to the Constitution and the laws of the United States of America.”

As evidence of his reasonable suspicion, Cook includes in his filing as an exhibit Mr. Obama’s Executive Order # 13489 which he signed on his first day in office as President on January 21, 2009 to permanently ban any and all access to his records. The filing includes other evidences to support his reasonable suspicion of Mr. Obama’s Constitutional qualification: a sworn affidavit by professional investigator Neal Sankey that states that thirty-nine different Social Security Numbers have been registered to Barack Hussein Obama and a list of one hundred forty-nine different addresses belonging to Mr. Obama; a sworn affidavit by renowned forensic document examiner Sandra Ramsey Lines that states that “the certification of live birth posted by Mr. Obama as verification of his legitimacy, cannot be verified as genuine, and (the) original birth certificate, currently in the vault of the Department of Health of the state of Hawaii needs to be examined.”

Cook asserts in reference to the thirty-nine social security numbers that one SSN that Mr. Obama uses most often was registered to an individual in Connecticut whose current age is 119 years old. Further, Mr. Obama has never resided in Connecticut and that Mr. Obama’s grandmother, Madeline Dunham, worked as a volunteer at the Oahu Circuit Court Probate Department and had access to the social security of the deceased person to whom Obama’s most-used social security number was registered. This is circumstantial evidence, asserts Cook, “that casts serious doubt on the legitimacy of Mr. Obama and his claims of being born on U.S. territory.”

Cook is also seeking the Court to order his employment reinstatement with his previous employer, Simtech, a Department of Defense contractor in Tampa, and protection from further DOD retaliation against himself, Simtech, and Larry Grice, the CEO of Simtech.

Defendants in this case are Simtech, Inc.; Larry Grice, CEO of Simtech; Col. Louis B. Wingate, Army Human Resources Command in St. Louis; Dr. Robert Gates, U.S. Secretary of Defense; and Mr. Barack Hussein Obama, President of the United States.

The date for the hearing has not been set. The filing demands a jury-by-trial according to the U.S. Code, Title 28, Part Five, Chapter 121, § 1861 and the Seventh Amendment.

For more information:

Contact: Dr. Orly Taitz, Esq.

Telephone Number: 949-683-5411

Email Address: dr_taitz@yahoo.com

Website: http://www.orlytaitzesq.com/blog1/

Update: The case was dismissed:

06 2009-07-27 ORDER Dismissing Case

Charles Kerchner, lead Plaintiff in Kerchner v. Obama, placed another advertorial in the Washington Times Weekly Edition today:

This is the second week in a row with the British Born additional key point about Obama … one more of his many flaws in his exact citizenship status, i.e., that:

“Obama when born in 1961 was a British Subject”

And of course, as a British Subject at birth, Obama is not eligible to be President and the Commander-in-Chief of our military forces since he is not, and never can be, a “natural born citizen” of the USA as is required under Article II of our Constitution, per the intent of the founders of our nation and framers and legal scholars of our Constitution such as Franklin, Jay, and Washington, and per legal constitutional standards.

Kerchner et al v Obama & Congress et al Advertorial in 20090727 Issue Wash Times Natl Wkly pg 9

Mr. Kerchner has recently set up a web site, ProtectOurLiberty.org, wherein he is soliciting further donations to help defray the costs of placing these ads. The site goes into a full explanation of the costs involved as well as the types of advertising that is being supported by donations.

In a recent posting, attorney Leo Donofrio makes reference to a certain Arizona candidate qualification form (see more in my Qualifications category) and that he thinks Mr. Obama is guilty of false swearing:

On December 13, 2007 Obama swore to and signed the document below:

VirginiaCertificationV2

[[See also my links to the Virginia document and responses back from various Secretaries of State.]]

And on that same day he forwarded the following document to the Arizona Secretary of State:

ArizonaCertification

The US Constitution requires that the President must be a “natural born citizen” of the US.  The Constitution makes a clear distinction between a basic citizen – who may be a  Senator or Representative – and a “natural born citizen” – the higher standard which is required for the President/Commander In Chief.

Obama was a Constitutional law professor and Harvard Law graduate running for President.  He was fully aware of the most on point US Supreme Court holding which discussed the meaning of “natural born citizen” – Minor v. Happersett – wherein the Supreme Court stated:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of theirparents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.

In the Minor case, the person wasn’t running for President of the US so the court didn’t have to reach the nbc issue.  But the court did note that the foreign nationality of a native born person’s parents could effect that native born person’s natural-born citizen status.

Furthermore, the court also stated that the definition of  “natural-born citizen” was not found in the Constitution so “Resort must be had elsewhere to ascertain that.” Why is this important?

BECAUSE SCOTUS ISSUED THE MINOR HOLDING IN 1874 WHILE THE 14TH AMENDMENT WAS ADOPTED IN 1868.

The most predominant argument that Obama is Constitutionally eligible to be President relies on the wording of the 14th Amendment which states that a person born on US soil and subject to the jurisdiction thereof is a US citizen.  But the 14th Amendment does not say that every person born on US soil is a “natural-born citizen”, it just says “citizen”.   Obama supporters have argued that 14th Amendment citizenship makes one eligible to be President and satisfies the natural born- citizen requirements of Article 2 Section 1.  This is the “native born” = “natural born” argument.

The 14th Amendment was adopted in 1868.  But the  Minor decision was issued in 1874 wherein SCOTUS said:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.

The 14th Amendment had already been part of the Constitution for six years when SCOTUS made that statement.  SCOTUS clearly and unequivocally states in Minor that the 14th Amendment does NOT define who is a “natural-born citizen”.  Anybody who says the 14th Amendment does define “natural-born citizen” is lying and/or ignorant as to the Supreme Court’s holding in Minor – the most on point discussion of the definition of the Article 2 Section 1 “natural-born citizen” requirement for POTUS.

Obama -  the famed brilliant Constitutional scholar – had to be aware that the most directly on point US Supreme Court case in our nation’s history directly stated that there were doubts as to his nbc status.  Yet, regardless of these doubts expressed by the highest court in the land, Obama went ahead and swore – under oath – that he was eligible to be President.

Therefore, he is now intellectually convicted of false swearing.

When you swear that what you say is true, then – to the best of your knowledge – what you say must be true.  If you are a gifted Constitutional scholar/professor who knows of a SCOTUS holding which calls your  “natural-born citizen” status into question and directly states that there have been doubts thereto, but you go ahead and swear under oath that you are -  in fact – a natural-born citizen, then you are also – in fact – guilty of false swearing.

You can’t legally swear to the best of your knowledge that you are eligible to be President when the SCOTUS last word on the issue directly calls such eligibility into doubt.  You can’t even do that with a straight face let alone a sworn oath.

Even if the current SCOTUS were to one day hold that Obama is a natural-born citizen despite his British/Kenyan birth through his father, that would not have been a holding available to Obama at the time he swore he was eligible.

The states of Arizona and Virginia accepted as true the false sworn statements by Obama and thereafter placed his name on the ballots.  He was then elected President.  The voters in Virginia and Arizona were directly defrauded by Obama’s false affirmations.

When Obama  swore he was eligible, he lied.  He didn’t swear that hemight be eligible or that there was a good chance he would be found eligible.  He swore that he was – in fact – eligible. Obama’s certain affirmations under oath and penalty of perjury are false.  He could not have been certain and he should not have sworn that he was.   He’s guilty of false swearing despite whatever definition of natural-born citizen comes down the pike.

On December 13, 2007, Obama could not have been certain he was eligible to be POTUS.  He may have believed he could be held eligible according to his own hopes and his own analysis of what the current SCOTUS might say.  But such an analysis could be nothing more than an intellectual guess.  The affirmations demanded that he swear he was -  in fact – eligible to be POTUS.

A statesman puts the safety and legal sanity of the nation  ahead of himself.  Obama reversed that call to honor and placed himself ahead of the law.  The law questioned his eligibility but he swore under oath no such question existed.

The proper thing for Obama to have done was raise the issue before the American people prior to the election.  Perhaps he could have accomplished this by bringing a law suit to determine whether he could satisfy these affirmations without perjuring himself.  He did no such thing.  He swore something was true when he  knew the truth was in doubt.   Regardless of what SCOTUS might say about this issue in the future, no future holding can change the facts as they existed on December 13, 2007.

Obama has now been intellectually convicted of false swearing.

[Thanks to reader "Lawyer" for the affirmation scans and the legal tip on this issue.]

Dr. Orly Taitz, southern California dentist and eligibility activist and lawyer, recently commented on her blog that a number of high-profile individuals have “be-Friended” her via her Facebook page:

The so-called “birthers” must be picking up some steam, as the Politico.com reports that there is evidence that GOP lawmakers are readying their stances should they have to be faced with the People:

And birthers say members should expect more of the same in the coming weeks.

“Absolutely,” says California resident Orly Taitz, the Russian-born attorney/dentist who has become a kind of ringleader for the movement. “It is a very important issue, one that politicians should have taken up a long time ago.”

Moments after speaking with POLITICO Saturday, Taitz posted a call to arms on her blog:

“I believe it is a serious concern and I hope that each and every decent American comes to town hall meetings with a video camera and demands action,” she wrote.

Having seen his colleague Castle come under attack, Rep. Pete Hoekstra (R-Mich.) is taking no chances.

“Before I got back to Michigan before the break, we’ll go through it, so that we’re versed in it,” Hoekstra said recently. “Just like anything else, if you see a hot issue … it’s sort of like, ‘Let me go take a look at this and see what the status is.’”

Hoekstra believes there’s no “compelling case” questioning Obama’s origins. But after talking to Castle about his town hall, he knows that he’d better be ready with an answer.

The trick: What do you say?

Of the various approaches a put-on-the-spot pol can take, each carries its own risk of alienating constituents. Pick up a pitchfork in the cause of this conspiracy theory, and you risk damaging your reputation in the mainstream while aligning yourself with a movement some regard as having racist undertones.

Rep. John Campbell (R-Calif.), co-sponsor of legislation that would force candidates to show their birth certificates, was widely mocked after he told MSNBC’s Chris Matthews that Obama is a U.S. citizen — “as far as I know.”

However, members who decide to challenge the conspiracy theory, as Castle did mildly, risk ticking off a shrill minority who can upend their events and then post the video on the Web.

And those who try to split the difference may find themselves getting doubly burned.

At a Wyoming town hall in April, birthers jumped on freshman Republican Rep. Cynthia Lummis.

“I’m not questioning your concern,” Lummis told the crowd, according to the Wyoming Eagle Tribune. “I am questioning whether there is credible evidence.”

The congresswoman ended up asking for anyone who had “evidence” to send it to her.

At a walk-in meeting in Sen. Tom Coburn’s Washington office, birthers gave the Oklahoma Republican’s chief of staff nine pages of documentation in support of their claims. The group later billed the meeting a success on one of Taitz’s blogs.

But when asked about the meeting, Coburn spokesman Don Tatro said that the office was simply trying to be “polite” and that “it is possible to mistake politeness for agreement.”

According to his office, Colorado Republican Rep. Doug Lamborn has received 33 inquiries about Obama’s origins, with 10 coming in over the past week.

So far, Hoekstra hasn’t faced any such questions.

“When you’re in a state with 15.2 percent unemployment,” he said, “most people have other things on their mind than this.”

But as if to illustrate the touchiness of the subject, Hoekstra quickly added: “Not that this isn’t important.”

Sen. Jim Inhofe (R-Okla.) has also tried to find the elusive middle ground.

“They have a point,” he said of the birthers last week. “I don’t discourage it. … But I’m going to pursue defeating [Obama] on things that I think are very destructive to America.”

Inhofe put out a statement Monday clarifying his comment:

“The point that they make is the Constitutional mandate that the U.S. president be a natural born citizen, and the White House has not done a very good job of dispelling the concerns of these citizens,” he said. “My focus is on issues where I can make a difference to stop the liberal agenda being pushed by President Obama.” …

Republican pollster Whit Ayers says that a member confronted with birther questions should immediately pivot the conversation back to big issues.

“You simply indicate that in a country where our fiscal policy is driving us toward bankruptcy, where we are wrestling with major issues of health care reform and fighting two wars for our safety, you don’t have time to deal with wild conspiracy theories,” he says.

That’s the approach House Republican Conference Chairman Mike Pence of Indiana takes.

“On that issue, I’m pretty distinctive that the president is from Hawaii,” he said. “I just don’t know where he’s coming from on health care.”

Such a response might satisfy many, or even most, but Taitz says that until Obama is removed from office, America’s other problems cannot be addressed. The fact that a few members of Congress have taken up her cause, with 10 Republicans signing onto Floria Republican Rep. Bill Posey’s legislation to amend the Federal Election Campaign Act of 1971, has only encouraged her to buckle down in the fight.

As Taitz sees it, Campbell, who represents her congressional district in Southern California, was moved to co-sponsor the “Birthers’ bill” for fear of people like her.

Campbell spokesperson Muffy Lewis flatly denied that being the case, saying the issue of Obama’s birth certificate is a low priority in the congressman’s district. Plus, Campbell has stressed that the bill would apply only to future candidates — and is really just about avoiding these kinds of controversies in the future.

“It really wasn’t as much about constituents as it was his own principles,” said Lewis. “He thought it was a common-sense bill. Castle had a major issue [in his district], but it hasn’t been much of an issue in ours.”

But Taitz said that lawmakers everywhere should be prepared to “resign or be removed” if they “do not have the guts to stand for the Constitution and this country.”

Asked whether Republican lawmakers should be “afraid” of the birthers, Taitz said: “I wouldn’t say the word ‘afraid.’ I think they should be willing to resign or be removed. That is what they should do. … Resign if you do not have the guts to stand for the Constitution of this country.”

Regarding the blogosphere, a concerned citizen going by the screen name “n152sm” drew my attention to one blogger who didn’t like their dissenting views so much, they got banned from the site.

First comment:

I am not a nutcase or a racist, I present to you facts regardless of skin color or hypothetical assumptions. Your website has a quote at the top of the page: “all truths are easy to understand once they are discovered; the point is to discover them”. With this article you are not following your own advice and I pray that you hear what I have learned in my research on this topic.

There are two issues with Obama’s eligibility that were raised before the DNC convention and before the election. They have been taken to the supreme court over 30 times prior to inauguration, only to be told that US citizens have no “standing” or proven “damages” that would allow the lawsuits to be heard. None of these lawsuits were heard based on the merits of fact.

Issue Number One: The only legally presentable definition of “Natural Born Citizen” (one of only three constitutional requirements to be President of the US), was written in Emmerich de Vattel’s, Law of Nations (original French version) years before the constitution was written. In 1797 (a decade after the Constitution was adopted), the English translation of Emmerich de Vattel’s, Law of Nations was revised to confirm the term “natural born citizen”. The revised English translation helps to clarify the meaning of “natural born citizen”, as English-speaking people generally understood it towards the end of the 18th Century:
“The natives, or natural born citizens, are those born in the country, of parents who are citizens. … I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.” (Vattel, Law of Nations, Book 1, Chapter 19)

We know that writers of the US Constitution and other democratic leaders around the world used this book as one of the primary references when writing the constitution. Example – Benjamin Franklin (a signer of our Constitution) wrote this in a letter to Charles W.F. Dumas, December 1775,
“I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the Law of Nations. Accordingly, that copy which I kept (after depositing one in our own public library here, and send the other to the College of Massachusetts Bay, as you directed) has been continually in the hands of the members of our congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author”?

This definition has been confirmed again in at least THREE US supreme Court cases: Minor v. Happersett (1874), US v. Wong Kim Ark (1898), and Perkins v. Elg (1939)

If this is the definition of “Natural Born Citizen” – then Obama is not qualified because his father was not a US citizen according to Obama’s own word.

Issue Number Two: Obama provided a “Certificate of Live Birth” that is provided by the Hawaii Department of Health and is the same certificate issued to CHILDREN BORN ABROAD. This means that unless he submits a Birth Certificate with the doctor and hospital listed – he cannot legally prove he was born in the US. Also, there are birth announcements in Hawaiian newspapers listing Obama, however those newspapers confirm that they get all of their announcements from the Hawaii Department of Health, so if Obama was born outside of the US it would still be in the newspaper. Also, there have been comments about the Department of Health confirming that Obama was born in Hawaii – this is not true. Hawaii Health Department Director Fukino verifies that they hold Obama’s original birth certificate in accordance with the department’s policies, however the department nor director Fukino confirmed that he was actually born in Hawaii.

I have been researching this issue since before the DNC convention, and I beg you to provide a more factual investigation. If you doubt the facts I have presented, please comment and provide your sources and I will follow up….but please for the sake of your own intelligence – don’t call me a racist, nutcase, or sicko as you did in your article. Just stick to the facts. I am not having a hissy-fit, lying, pretending, or hating as you also mention in your article. I did my research because I felt I was being lied to – and a lot of US citizens think they are being lied to as well, so give them a fair shot at presenting factual evidence instead of rushing to judgment when you yourself do not have all of the facts.

First response:

First of all sir (or ma’am), I would like to thank you for taking the time to sit down and put your beliefs in writing.

The quote at the top of my blog is by Galileo Galilei, the brilliant astronomer.

I am honest enough to admit that I find it both distressing and supremely offensive the lengths that people will go to to try to discredit our Harvard educated black president who was born in this country. No other president or candidate (including John McCain, born in the Panama Canal) have been put through this nonsense over nothing. It is hysterics.

1. If President Obama was not a citizen, don’t you know that the Clintons would have shut him down, considering how badly she wanted the office of president?

2. I just went upstairs to my file cabinet and pulled out the folder that says “birth certificate”. There are two documents in there. Keep in mind that I was born in Baltimore, Maryland.

Document #1 (which is what was given to my mother when she left the hospital with me) is called “Notification of Birth Registration”. I recall it being rejected when I went for my drivers license many moons ago. They told me to go and order my birth certificate.

Okay, so what I was given and what was accepted by the MVA as well as the Post Office when I applied for my passport is as follows:

State of Maryland
Department of Health and Mental Hygiene
Division of Vital Records
CERTIFICATE OF LIVE BIRTH

It goes on to give a state file number, my name and sex, date and place of birth (hospital is not named…only state)….my mother’s first, middle and maiden name and age and state of birth (West Virginia) and my father’s name and age and state of birth (Alabama). The time of my birth is also noted: 3:15 a.m.

NOTE that no place on the form does it mention “birth certificate”. It says exactly what our president’s says. CERTIFICATE OF LIVE BIRTH

No doctor is listed and it is NOT signed! However, somewhere on record is the original which I am certain IS signed. My birth weight is not even listed on my birth certificate.

So are you telling me that if I were to run for office, I would not be trusted due to having a CERTIFICATE OF LIVE BIRTH, as Obama has?

My husband was born and raised in New York and I have not seen his birth certificate; however, he told me that his does actually say “birth certificate”. It simply depends on what state you were born in.

3. Newspaper reports from that time verify that he was indeed born there

4. FACTCHECK.org has checked out the documents and verify that the birth certificate is authentic

5. The GOVERNOR of Hawaii checked out the documents (he is a Republican) and verified that they are real

What else does this black man have to do? He was born in Hawaii.

I would suggest that the “birthers” go find a hobby and get over the fact that their brilliant leader is a black man.

Gee wiz!

PRESS HERE to read the verification article by FACTCHECK.org …

Oh, and another thing.

For you to suggest that because President Obama’s father was not born in the country, then Obama (who WAS born here) could not possibly be a citizen is INSANE. INSANE. His mother was also born here by the way.

Do you know how many American citizens are walking around with fathers or mothers or BOTH parents born in China or India or Latin America, etc., yet THEY were born here and are citizens AND are eligible to run for office of the presidency?

Birthers, you are sounding reaaaaaal crazy. Please find a hobby!

The concerned citizen’s follow up response:

Hi Lynn,

Here is a point by point response to your response, I would like to make sure that you and I are on the same page and that you are not misinterpreting the facts I have provided you. I am being very specific….I am not meaning any insult – I trust you are a very smart person.

I understand he is Harvard Educated – do you know who paid for his education, or if he got a grant, what name and citizenship he submitted on his Harvard admissions records? No you don’t because he has them SEALED and will not release them. So are his Occidental College records, and much of his life’s history. Can you really say you have heard of him a year before the primary even when he was a Senator? We really don’t know this guy – and since he is hiding most of his past…one must be cautiously suspicious.

John McCain WAS put through a congressional whatever you want to call it because he was technically born in Panama. Even though he is a War Hero born to two US Citizens serving proudly in the Military on a US military installation overseas. One constitutional expert sued both Obama AND McCain as being technically not Natural Born Citizen for this reason. Also, No other presidential candidate has been allowed to run for office WITHOUT having two US citizen parents because generations have understood the definition of “Natural Born Citizen” requiring US Citizen Parents. (notice I am NOT talking about “Citizen” – Obama can be a Citizen of the US and be a Senator, but he is NOT a Natural Born Citizen which I provided you the history of the definition, understanding, and confirmation in the US Supreme Court via the previous post I made).

Answer to your item 1. I don’t think that many people understand the proper way of verifying or “vetting” a candidate’s qualifications. Is this done at the state level where they have to register to be a candidate? Does the party’s convention do it? Of course he has to be a citizen since he is a seated senator, he looks like he is over 35 years of age, and we assume he has been here 14 years. I am sure that it isn’t something competing candidates really go after, considering if they are wrong that they will basically self-implode in the polls. One Vice-Presidential nominee filed a lawsuit – his name is Alan Keyes, and he has a history in the US, he served under Reagan I think and has been on the political scene for a while.

Answer to your item 2. Your official documents may have come from a state that ONLY issues to children born in that state. The fact is that Hawaii issues these documents to children who have ALSO BEEN BORN ABROAD. So you do NOT know that he was born in Hawaii or in Kenya until you see an official ORIGINAL document that says the hospital and doctor with signature. Yes I am saying that if you refused to release a copy of your birth certificate (when questioned about your virtually unknown past because you have hidden everything else like Obama) I would not trust you.

Answer to your item 3. The newspapers have confirmed that they get their announcements from the Hawaii Department of Health. So – if Obama was born in Kenya, and the Hawaii Department of Health gives his mother a certificate of live birth, then the newspaper will print the announcement of the birth in the Hawaii newspaper. Do you see how this could happen but look very legit and cause people to wonder why people like me are questioning? Even if my suspicions are in fact the truth?

Answer to your item 4. You obviously don’t realize how close Obama and factcheck.org are. That is another discussion. But there is also some legitimate dissecting of the scanned image that shows that this document may have been altered, AND a story that leaked that the Hawaii Department of Health did not issue a paper certificate for Obama or the DNC in the year that they claim they got it. I think it would be best for all of us if he would submit that exact document in a court of law, do you agree?

Answer to you item 5. The governor of Hawaii is a woman not a man. Gov. Linda Lingle made NO statement acknowledging that Obama was born in Hawaii. I beg you to find one. She did however make a statement, as well as Dr Fukino of the Department of Health, and the spokeswoman of that department, that original doctor-generated and hospital-released birth certificate is on file with the state’s health department would be released to the press if Obama so requested. You will not be able to find a quote from any official that they have in fact verified that he was born in Hawaii, only that they have the birth certificate in accordance with their policies (refer to my answer above). I think Obama should request it be released, don’t you?

Don’t bring race into this. I am not a racist and you are insulting me to think that my argument has anything to do with race.

We obviously have to agree to disagree here – I don’t consider him my leader, and although I think he is a very bright guy, I think his strategy is not in the best interest of the American people. Again you mention race – I don’t think it makes you look good to refute my facts with racial remarks.

On your next remark – you are misquoting me. I didn’t say that his father had to be born in the US…I said that in order for Obama to be a “Natural Born Citizen” his father and mother had to be a citizen at the time Obama was born. That is the definition I provided you in the previous post and that is the constitutional requirement to be President of the United States. I am not saying he is not a citizen, however I am not saying that he IS a citizen considering he was adopted by an Indonesian and lived in Indonesia for years as a child. He could have revoked his US citizenship, traveled to Pakistan using his Indonesian passport, and received US federal grants for education provided to foreigners for Occidental AND Hahvaad (oops, Harvard). But I can’t prove that, and you and others cannot prove otherwise until we see the documents.

Again, you are trying to argue against my facts by calling me crazy, why don’t you just stick to the facts. And Again – this really has nothing to to about whether he is a US citizen – you have to be a Natural Born Citizen which has been defined as one born on a country’s soil to parents who are citizens of that country. His mother was a citizen, his father was NOT a citizen, and so it doesn’t matter if he was born in the US but we aren’t REALLY sure he was born in Hawaii anyway.

Let me know if you can find facts to dispute this. I will add them to my research.

Lynn’s response, response:

When you realize that people are stuck on whatever their false belief is, it would be beyond insane to keep engaging the person.

So now FactCheck.org is “friends” with Obama and that is why they were able to check out the documents and prove it’s authentic.

The conspiracy is sooooo deep that even the governor of Hawaii (a republican) is in on it…and of course his mother knew when he was a baby that he’d run for president so she quickly put in a birth announcement in the local newspapers.

Okay. Whatever. I’m through with this. Thanks for taking the time to share your views. …

By the way, this “N152sm” character is obsessed with Barack Obama. A Google search showed numerous boards he is on to discredit our president. I really wish this guy would find a hobby. Nascar?

http://theobamafile.lefora.com/n152sm/blog/

http://twitter.com/n152sm

http://usjf.net/archives/1251

http://atlasshrugs2000.typepad.com/atlas_shrugs/2009/07/release-the-vault-copy.html

…and then, the ban:

COMMENTS REMOVED BY LYNN

1. Don’t come into my “house” making little snide remarks

2. Don’t come in here telling me what quotes I need to remove on something I’m paying for out of my pocket

Why are you still coming here? I gave you space to spew forth your vomit.

You are barking up the wrong tree, as the people here have written you off as a lunatic.

I posted links to other blogs to show your obsession with President Obama.

BANNED – Don’t come back here. Take it elsewhere.

Door slammed! Comments on this thread are closed.

Lynn

While I believe that Lynn has every right to manage her site as she sees fit, and while site banishment of users occurs on both “sides” of the eligibility issue, I think the casual observer of my site will see quite the contrast between how this individual deals with opposition commentary versus how I do. In other words, I take pride in the fact that my site has hosted quite the vigorous debate between those who think eligibility should be questioned versus those who don’t, as long as such discussions remain civil. And, to date, I’ve actually banned nobody from my site.

On a more positive note, I appreciate the fact that Sean and Frank of Talk Radio 680 WCBM has TRSoL listed as one of their Favorite Sites. I’ve added that to my collection of notable sitings in my In The Media page.

See the following links regarding the eligibility saga:

-Phil

Twitter: @trsol -=- Facebook (TRSoL) -=- Facebook (Rightside Phil)

30 Comments »

  • Black Lion says:

    HistorianDude wrote:

    Someday, and I hope that day comes sooner rather than later, Birthers will realize that our judicial system correctly recognizes that “native born” and “natural born” are exact synonyms. The judge is not using “wrong terminology.’
    __________________________________________________________________

    I believe the following attempts to make that distinction…

    Black’s Law Dictionary, Sixth Edition:
    Native. A natural-born subject or citizen; a citizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to. The term may also include one born abroad, if his parents were then citizens of the country, and not permanently residing in foreign parts. U.S. v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. 890.

    It seems that for legal purposes, native and natural born are considered to be synonyms…SInce most of the framers of the Constitution were familar with the law, maybe they felt the same way…

  • HistorianDude says:

    Observer:

    Then the framers use of two different types of citizenship, and distinguishing between them for purposes of eligibility for POTUS had no purpose for doing such?

    Of course it was purposeful. But you are confused over what the “two different types of citizenship” used by the Framers actually are.

    They are natural vs. naturalized. Not natural vs. native.

    And like the judge, that is only your uneducated opinion.

    I am more than happy to have my opinion placed on par with that of an actual sitting judge. Given that my track record of legal prediction in this forum remains perfect, I must be doing something right.

  • brygenon says:

    HistorianDude wrote:

    Someday, and I hope that day comes sooner rather than later, Birthers will realize that our judicial system correctly recognizes that “native born” and “natural born” are exact synonyms. The judge is not using “wrong terminology.’

    There’s an argument that “native born” is a strictly stronger criteria than “natural born”. See, for example: http://yalelawjournal.org/images/pdfs/pryor_note.pdf

    Birthers define natural born falsely.

    Yup. So where we obots have noted constitutional scholars and law review articles, birthers have Apuzzo’s advertisements in the Moony paper.

  • brygenon says:

    observer says:

    It is rather humorous for the commenter with obvious 20/20 hindsight vision here to doubt the courage of those who challenge obviously pressured courts/judges with such unprecedented motions against a sitting president. In reality one must say that rather it would take a very courageous judge to carry forth this catch 22 question of ineligibility.

    Amazing the basic misunderstandings people have about how the system works. The Constitution makes federal judges very hard to pressure. Appointment to the federal bench is for life. Removal of a federal judge requires impeachment in the House and a trial in the Senate, and the content of a judge’s decisions is not grounds. In our nation’s history, only 14 federal judges have been impeached.

  • Phil says:

    Jacqlyn,

    Chill with the personal attacks (“LIBERTARD”). There’s no sense in getting worked up over folks who already have their minds made up.

    -Phil

  • Phil says:

    There’s more to the statement than what she said. Headliner from me due soon.

    -Phil

  • Jacqlyn Smith says:

    WOW PHIL—-All the OBOTS are out in rare form on your Blog today concerning this case being dismissed….also it looks like EARL has that tingle all up and down his leg because of the Hawaiian resolution….that still does not make the FRAUD in our White House a “natural born” citizen….The Fraud is losing the trust of the American people and his approval ratings are tanking….the cover up is in full gear but the TRUTH SEEKERS will dog this IMPOSTER until we get the truth out to every corner of our country!! This is not going to die until our concerns as US citizens are addressed!!! You OBOTS haven’t seen anything yet!!!

  • Jacqlyn Smith says:

    Black Lion says:
    July 27, 2009 at 4:12 pm

    The article above says…

    “Asked about the new filing, Maj. Cooks responded: “I hope that this situation is resolved quickly and based on the merits of the arguments – not on the basis of procedural grounds. My expectations are that I shall ultimately be vindicated through either this injunction filed in Florida or through the case filed in California. I passionately want to restore faith in both the Constitution of the United States of America as well as its Government.”
    __________________________________________________________________

    Major Cook says the following “I hope that this situation is resolved quickly and based on the merits of the arguments – not on the basis of procedural grounds.” So we are it ignore procedure according to Major Cook. I thought we are a nation of laws. So we are to ignore the law, in this case proper procedure, because your lawyer is unable to follow proper procedure in filing a lawsuit? Wow! And the birthers wonder why this case was dismissed also. Following proper procedure. First year of law school.

    ****************************************************************************

    He didn’t say that….you spin doctor….he said he wants it to move forward on its merits….he never said to ignore procedure….get your lies straight you LIBERTARD!!!

  • brygenon says:

    NewEnglandPatriot says:

    I posted the following commments following the article which detailed the complaint and the opinions of the judge:

    I don’t understand why the lawsuit had several issues bundled together. I think Major Cook DOES have standing to sue for the financial injury he received when he was dismissed from his job. By any standard, he has suffered “harm” due to retaliation that was apparently ordered from “on high” by King Hussein.

    “I don’t understand”, you write. Well, do you want to understand? Obviously issues were nonsensically bundled together because an incompetent attorney is monomaniacally attacking President Obama rather than trying to get her client back his job.

    Major Cook’s C.E.M. (career ending maneuver) was huge — it made national news — but people have been known to recover from boners of even this scale. The Florida court’s quick dismissal is not necessarily a bad thing for Major Cook. It was without prejudice. It is chock full of clues.

    Major Cook, please, take the clues. Get competent counsel.

    Understand: no one wants to see guys like Stefan Cook go down. The hate and bigotry of the birthers must fail, and the military obviously cannot tolerate insubordination whenever a soldier can spin some novel legal theory alleging a defect in his chain of command, but that doesn’t mean anyone wishes ill personally on Major Cook.

  • Civis Naturaliter Natus says:

    Phil,

    Orly’s filing was dismissed without prejudice, she can refile it tomorrow…once the clerical error is solved: so says a lawyer on another blog…

  • observer says:

    Black Lion:

    Major Cook says the following “I hope that this situation is resolved quickly and based on the merits of the arguments – not on the basis of procedural grounds.” So we are it ignore procedure according to Major Cook.

    I suppose then that you and the judge in California might just lock horns on this! There is obvious precedent that there has been far, far greater weight given to delaying tactics based solely on literal procedural approach over and above merits. IOW, interpreted by many as cop outs and rear end protections.

  • observer says:

    You’re going on what was “apparently ordered.” Do you have any evidence of that?

    Because if you do, put it in the filing! That’s what might give you some standing to sue.

    Well there have been the reported statements allegedly made to Cook by his employer that he (employer) was pressured by the department that had the power to issue the security clearances. He, himself acted as though Cook was still employable by the company if another position had been available. Thus the influence on the employer was heavily handed down from those with extentions to those whom the so-called “whistle blower” had questioned.

    It is rather humorous for the commenter with obvious 20/20 hindsight vision here to doubt the courage of those who challenge obviously pressured courts/judges with such unprecedented motions against a sitting president. In reality one must say that rather it would take a very courageous judge to carry forth this catch 22 question of ineligibility. So far, it’s been courageous work on the part of plaintiffs over and above the various courts’ passive reception of the obviously tainted political process and those, along with it, who have not abided by oaths of office. How easy it is to look at things AFTER rulings have come forth by such examples. Perhaps the court in CA, yet to take a further look, will have such a courageous and responsible judge.

    I suppose there will always be further examples of the grumpy little muppet men sitting the balcony hurling down constant criticism of those who are more fully alive than they!

  • observer says:

    Someday, and I hope that day comes sooner rather than later, Birthers will realize that our judicial system correctly recognizes that “native born” and “natural born” are exact synonyms.

    Then the framers use of two different types of citizenship, and distinguishing between them for purposes of eligibility for POTUS had no purpose for doing such?

    The judge is not using “wrong terminology.’ Birthers define natural born falsely.

    And like the judge, that is only your uneducated opinion.

  • dunstvangeet says:

    Just wondering if you guys have seen this.

    http://www.honoluluadvertiser.com/article/20090727/BREAKING01/90727082/Obama+Hawaii+born++insist+Isle+officials

    I, Dr. Chiyome Fukino, director of the Hawai’i State Department of Health, have seen the original vital records maintained on file by the Hawai’i State Department of Health verifying Barrack Hussein Obama was born in Hawai’i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago…. (emphesis mine)

  • MaineSkeptic says:

    And, BTW, you folks might also be interested to know that there is a new statement from the administration of Linda Lingle, Hawaii’s Republican governor, in which it is explicitly stated that Hawaii’s official records show Obama to be a Natural Born Citizen:

    “I, Dr. Chiyome Fukino, director of the Hawai’i State Department of Health, have seen the original vital records maintained on file by the Hawai’i State Department of Health verifying Barrack Hussein Obama was born in Hawai’i and is a natural-born American citizen.”

    http://www.honoluluadvertiser.com/article/20090727/BREAKING01/90727082/Obama+Hawaii+born++insist+Isle+officials

  • nonotes says:

    I got jumped on for that, but look what happened. Major Cook had a career until he joined up with Orly Taitz.

    Unfortunately she may ruin a few more before it is over. Cook is not a young man so I have little sympathy for him. What did he really expect to happen? I have been fired for less than what he has done. He made his bed hard and now he will have to lie in it. I am more concerned for the younger ones who may risk a whole military career because of her.

  • Constitutional Lawyer says:

    Every one of Orly’s cases has been dismissed as a result of her utter incompetence.

    I am amazed that she can still find “clients” dumb enough to have her as an attorney.

    Also, Orly is not licensed, and can never be licensed to practice in any State other than California, due to her correspondence course law degree, so how did she manage to get a court in Georgia to accept her filing in the Cook case?

    I hasten to add that I support the Legal Removal of BO from POTUS.

  • earl says:

    The United States House of Representatives affirmed today that Barack Obama was born in Hawaii.
    House Resolution 593 passed today 378-0.
    House Resolution 593 says “Whereas the 44th President of the United States, Barack Obama, was born in Hawaii ”

    http://thomas.loc.gov/cgi-bin/query/D?c111:1:./temp/~c111jnAxsa::

    Michelle Bachman, who objected to the vote for lack of quorum voted “aye” later. And the 10 Representatives sponsoring your birther bill? 7 out of 10 voted for the resolution and 3 didn’t vote.

    http://clerk.house.gov/evs/2009/roll647.xml
    - Posey Aye
    -Blackburn Aye
    - Campbell Didn’t Vote
    - Culberson Aye
    - Carter Didn’t Vote
    - Burton Aye
    - Goodlatte Aye
    - Marchant Didn’t Vote
    - Neugebauer Aye
    - Poe Aye

  • HistorianDude says:

    NewEnglandPatriot:

    I don’t understand why the lawsuit had several issues bundled together. I think Major Cook DOES have standing to sue for the financial injury he received when he was dismissed from his job. By any standard, he has suffered “harm” due to retaliation that was apparently ordered from “on high” by King Hussein.

    “By any standard?” Hardly. Certainly not by any standard that has a clue. He was fired for a simple (and deeply ironic) reason. He was no longer qualified to do his job. That’s what happens when you demonstrate to the people with authority over your security clearance that you are a security risk.

    While I think the judge’s comments are unprofessional and do not cite just facts but rather opinion, I can see why the judge would dismiss the eligibility part of the suit based on lack of standing, as Major Cook no longer has deployment orders. However, the way the judge states this, calling the issue a “maelstrom” and an attempt on the part of Major Cook to “embroil” another court in the “controversial issue,” it is obvious that the judge simply doesn’t want to deal with it.

    Constitutionally, the Court cannot deal with it. Not because the issue is controversial, but because it is political and the responsibility of a branch other than the judiciary.

    Having already tried once to cynically manipulate the military deployment process to make a political statement, Cook allowed Orly to talk him into shooting himself in the other foot by burying his supposed “job action” in yet another illegitimate attempt to get the Birther accusations into court. Nobody was fooled, certainly not this judge.

    Courts aren’t supposed to work based on what a judge may or may not find distasteful; they are supposed to function based on our system of laws. The judge also cites the fact that Obama is not a “native-born” citizen as a conspiracy theory. First of all, the Constitution says nothing about “native-born,” so the judge is using the wrong terminology.

    Someday, and I hope that day comes sooner rather than later, Birthers will realize that our judicial system correctly recognizes that “native born” and “natural born” are exact synonyms. The judge is not using “wrong terminology.’ Birthers define natural born falsely.

    Secondly, dismissing the issue as a conspiracy theory is certainly not a scholarly nor legal way to avoid hearing the case.

    Unless, of course, the judge is right.

  • brygenon says:

    From the article, quoting a contributor:

    There are two issues with Obama’s eligibility that were raised before the DNC convention and before the election. They have been taken to the supreme court over 30 times prior to inauguration, only to be told that US citizens have no “standing” or proven “damages” that would allow the lawsuits to be heard.

    It’s simply not true. The U.S. Supreme Court has denied, dismissed, or otherwise rejected several eligibility applications/petitions, but they never said the reason was standing. They did let lower court rulings prevail, and standing was one of several issue on which the lower courts dismissed such suits.

    Correct me if I’m wrong: in all but one petition/application on Obama’s eligibility that came to SCOTUS, the Court simply dismissed/denied without comment, as is their most common practice. The one eligibility suit where they added a comment was the one that applied for leave to file in forma pauperis, Schneller v. Cortes. The comment was a citation to Rule 39.8:

    “If satisfied that a petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ is frivolous or malicious, the Court may deny leave to proceed in forma pauperis.”
    http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf

    So contrary to the reporting in the article, the Supreme Court has never cited standing as they dismissed/denied the filings on this issue. Lower courts have, but contrary to the reporting in the article, it was not the only reason for dismissal. The one and only time SCOTUS gave a reason, that reason was that they were satisfied the petitions was “frivolous or malicious”.

    Pending before SCOTUS is Craig v. U.S, the second eligibly suit to go to SCOTUS accompanied by a petition for leave to file in forma pauperis. Will the Court again cite Rule 39.8, implying that this suit is likewise “frivolous or malicious”? My guess is already on record.

  • HistorianDude says:

    JeffM:

    Lacks standing? The man was just FIRED by direct order of the DoD by simply demanding proof someone has legal authority to command direct orders.

    There was apparently no such order.

    He lost his job because he is no longer eligible for the position he held.

    This is merely one of the saddest of the many ironies generated by the Birther movement.

    Were he not a Field grade officer, he might deserve more sympathy. But he walked into this one with his eyes wide open. Actions have consequences. Not all of them are happy.

  • HistorianDude says:

    Merely addressing the most Procrustean of the several instances of distorted reasoning in this latest article.

    When you swear that what you say is true, then – to the best of your knowledge – what you say must be true. If you are a gifted Constitutional scholar/professor who knows of a SCOTUS holding which calls your “natural-born citizen” status into question and directly states that there have been doubts thereto, but you go ahead and swear under oath that you are – in fact – a natural-born citizen, then you are also – in fact – guilty of false swearing.

    1. The comment in the Supreme Court decision is dicta, not a “finding,” “ruling’ or “holding” of the court.

    2. The court’s comment that “there have been doubts? does not validate those doubts as reasonable or true. In fact, it doesn’t even point to a single example of them.

    3. All it takes for Obama’s declaration to be true is that he not share those doubts.

    I this he would be firmly in the majority.

    Think how absurd it would be if a person could be accused of “false swearing” every time he made a statement while aware that someone else “had doubts.” For example, I myself am aware that there are people who doubt we landed on the moon 40 years ago. No reasonable person could seriously accuse me of “false swearing” were I to swear that we did, in fact, land on the moon.

    This is an example of a common characteristic of “the conspiracy theory in crisis.” The most insubstantial of straws will be grasped at, and held onto for dear life.

  • MaineSkeptic says:

    NewEnglandPatriot says:
    July 27, 2009 at 4:23 pm

    By any standard, he has suffered “harm” due to retaliation that was apparently ordered from “on high” by King Hussein.

    See, here’s what puzzles me.

    You’re going on what was “apparently ordered.” Do you have any evidence of that?

    Because if you do, put it in the filing! That’s what might give you some standing to sue.

    You could make room for it by taking out the part about how “the social security number most commonly used by Barack Hussein Obama, is one issued in the state of Connecticut, the state where Barack Hussein Obama never resided and it shows him to be 119 years old.”

    I mean, really, whose side is Orly on anyway?

  • brygenon says:

    The article quotes Leo Donofrio:

    Why is this important?

    BECAUSE SCOTUS ISSUED THE MINOR HOLDING IN 1874 WHILE THE 14TH AMENDMENT WAS ADOPTED IN 1868.

    Donofrio SHOUTS the importance of Minor v. Happersett being post 14′th Amendment, but he cites a section that the Court explicitly presents as describing the situation prior to the 14′th Amendment. If we actually read Minor v. Happersett, we find that section preceded by:

    “To determine, then, who were citizens of the United States before the adoption of the amendment it is necessary to ascertain [...]“

    Donofrio is correct that Minor v. Happersett dates from after the 14′th Amendment, but he missed (at best) that the relevant section deals with who would have been citizens at birth prior to the 14′th Amendment. The plaintiff who’s citizenship was at issue, Virgina L. Minor, was born in 1824, 44 years before the adoption of the amendment.

    Hasn’t Donofrio’s sophistry and incompetence deceived you guys enough already? He likes to present himself as the singularly great legal mind of the eligibility deniers, but his record is the same as Berg, Taitz, Martin, and the rest: 100% loss. Leo Donofrio is as much a Constitutional scholar as those who argue that paying income tax is optional.

  • MotherRedDog says:

    Wow, Lynn’s rant is just a continuation of babble that jumps over specific issues and does not answer anything. I must have missed the executive order signed by Obama shortly after being sworn in. That makes me even more interested in the outcome of this issue. I’m one of those who is leaning toward the fact that he is not a NBC based on the fact that his father was not a US Citizen. Seems like this would be easy to clear up, and that he would want to clear it up since his approval numbers are going in the tank. He should know that more and more people will become concerned by this when they understand he is trying to rule like a dictator.

  • brygenon says:

    I don’t know if competent council could salvage Stefan Cook’s job, but Orly Taitz is pushing more of the nonsense that lost it. Cook should get his position back because because President Obama “might have used as many as 149 addresses and 39 social security numbers”?

    Over four month’s ago I wrote:

    That is a problem. Low-level military personnel are not expected to have any expertise in the law, and they could get badly hurt if they believe Orly Taitz. The prospect she’s pitching is her own delusion.
    http://www.therightsideoflife.com/?p=4432

    I got jumped on for that, but look what happened. Major Cook had a career until he joined up with Orly Taitz.

  • NewEnglandPatriot says:

    I posted the following commments following the article which detailed the complaint and the opinions of the judge:

    I don’t understand why the lawsuit had several issues bundled together. I think Major Cook DOES have standing to sue for the financial injury he received when he was dismissed from his job. By any standard, he has suffered “harm” due to retaliation that was apparently ordered from “on high” by King Hussein.

    While I think the judge’s comments are unprofessional and do not cite just facts but rather opinion, I can see why the judge would dismiss the eligibility part of the suit based on lack of standing, as Major Cook no longer has deployment orders. However, the way the judge states this, calling the issue a “maelstrom” and an attempt on the part of Major Cook to “embroil” another court in the “controversial issue,” it is obvious that the judge simply doesn’t want to deal with it.

    Courts aren’t supposed to work based on what a judge may or may not find distasteful; they are supposed to function based on our system of laws. The judge also cites the fact that Obama is not a “native-born” citizen as a conspiracy theory. First of all, the Constitution says nothing about “native-born,” so the judge is using the wrong terminology. Secondly, dismissing the issue as a conspiracy theory is certainly not a scholarly nor legal way to avoid hearing the case.

    And Judge Land did not refuse to hear the case on the merits; he said that he was prohibited from doing so by the Constitution, as Major Cook’s case was moot due to the cancellation of his deployment order. That, at least, made sense, while this judge in Florida sounds off the wall.

  • Black Lion says:

    The article above says…

    “Asked about the new filing, Maj. Cooks responded: “I hope that this situation is resolved quickly and based on the merits of the arguments – not on the basis of procedural grounds. My expectations are that I shall ultimately be vindicated through either this injunction filed in Florida or through the case filed in California. I passionately want to restore faith in both the Constitution of the United States of America as well as its Government.”
    __________________________________________________________________

    Major Cook says the following “I hope that this situation is resolved quickly and based on the merits of the arguments – not on the basis of procedural grounds.” So we are it ignore procedure according to Major Cook. I thought we are a nation of laws. So we are to ignore the law, in this case proper procedure, because your lawyer is unable to follow proper procedure in filing a lawsuit? Wow! And the birthers wonder why this case was dismissed also. Following proper procedure. First year of law school.

  • JeffM says:

    Lacks standing? The man was just FIRED by direct order of the DoD by simply demanding proof someone has legal authority to command direct orders.

    It’s heading to SCROTUS soon. Let’s see how long it takes for them to shoot this one down…again.

  • Bob says:

    Tampa, FL. 07/26/2009 – Major Stefan Frederick Cook of Tampa, FL has filed an eight-count “Complaint for Damages, Declaratory Judgment, and Injunctive Relief” in Federal District Middle Florida Court in Tampa, FL on 7/24/09.

    Tampa, FL. 07/27/09 — Complaint dismissed.

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