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Maj. Stefan Cook, U.S. Army Reserve

A judge in Georgia has dismissed a case brought by a U.S. Army reservist whose orders to deploy to Afghanistan were jerked when he challenged President Obama’s eligibility, telling the officer’s lawyer the case would be handled better in Florida where the reservist lives.

According to Orly Taitz, an attorney for Maj. Stefan Frederick Cook, the instructions came at today’s hearing scheduled in Georgia by U.S. District Judge Clay Land.

The hearing was on a complaint originally challenging the legality of Cook’s deployment orders, based on doubts about Obama’s eligibility to be president. Cook was to report to Ft. Benning in Georgia this week to be deployed to Afghanistan.

The complaint was amended after the Army suddenly rescinded Cook’s orders, and his civilian employer reported being pressured by the government to fire the officer.

Land told Taitz the issue now appeared to be a dismissal complaint, and it needed to be handled in Florida where Cook is a resident and was employed.

“Since the Army revoked its orders and we asked for a Temporary Restraining Order,” Taitz said, the judge concluded it was a dispute over retaliation.

“He says he no longer has jurisdiction and to refile the case in Florida,” Taitz told WND shortly after the hearing.

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“It’s basically dismissed in Georgia. He advised us to have it refiled in Florida, because now he’s not being deployed from Ft. Benning, he’s not a resident of the state. He’s a resident of Florida, his employer is in Florida. The judge wants us to refile the case where he feels the case’s jurisdiction is proper,” she said.

“Now we are re-doing the case. Now it’s not about the order to deploy but fighting retaliation he experienced on the part of the military. His employer stated he was under enormous pressure to fire him,” she continued.

“We will be refiling the case in Florida.”

WND reported, when the case originally was filed this week, Cook’s concern was that without proof that there is a legitimate commander-in-chief, the entire U.S. Army becomes “merely a corps of chattel slaves under the illegitimate control of a private citizen.”

Cook told WND he’s ready, willing and able to carry out the military needs of the United States, but he raised the challenge to Obama’s eligibility to be president because if he would be captured by enemy forces while serving overseas under the orders of an illegitimate president, he could be considered a “war criminal.”

“As an officer in the armed forces of the United States, it is [my] duty to gain clarification on any order we may believe illegal. With that said, if President Obama is found not to be a ‘natural-born citizen,’ he is not eligible to be commander-in-chief,” he told WND only hours after the case was filed.

“[Then] any order coming out of the presidency or his chain of command is illegal. Should I deploy, I would essentially be following an illegal [order]. If I happened to be captured by the enemy in a foreign land, I would not be privy to the Geneva Convention protections,” he said.

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.

“What I want to do is deploy to Afghanistan, do my job as an Army officer, engineer. I do not want to subject myself to the possibility that I might be violating the [Uniform Code of Military Justice],” Cook told WND.

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“Others may cynically ridicule this plaintiff when, as an officer responsible not only to obey those above him but to protect those under his command, he comes to this court asking for the right to establish the legality of orders received not only for his own protection, but for the protection of all enlisted men and women who depend on HIS judgment that the orders he follows are legal,” according to the complaint. “Above all, when Plaintiff Major Stefan Frederick Cook submits and contends that he files and will prosecute this lawsuit and seeks an injunction or temporary restraining order against the enforcement of potentially illegal orders for the benefit of all servicemen and women and for the benefit of all officers in all branches of the U.S. military, he knows that those in power illegitimately may seek to injure his career. He knows that he risks all and he does so in the conscientious belief that he does so for not merely his own, but the general good.”

Cook said the action was filed to “clarify how he can both obey all lawful orders and avoid dereliction of his duties so as to escape court-martial under the UCMJ if he does NOT question the legality of the orders he has received.”

It was just a short time later when the Pentagon ordered Cook’s orders “revoked” and then pressured his civilian employer to dismiss him.

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 Cook.

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.

Grice’s office didn’t return telephone calls.

But Taitz wrote, “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.”

WND has reported on dozens of legal challenges to Obama’s status as a “natural born citizen.” The Constitution, Article 2, Section 1, states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.”

Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama’s American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.

Other challenges have focused on Obama’s citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.

Complicating the situation is Obama’s decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.

The question over Obama’s eligibility now also is being raised on billboards nationwide.


“Where’s The Birth Certificate?” billboard in Pennsylvania

The billboard campaign follows an ongoing petition campaign launched several months ago by WND Editor and Chief Executive Officer Joseph Farah.

The billboards are intended to raise public awareness of the fact that Obama has never released the standard “long-form” birth certificate that would show which hospital he was born in, the attending physician and establish that he truly was born in Hawaii, as his autobiography maintains.

Send a contribution to support the national billboard campaign that asks a simple question: “Where’s the birth certificate?”

The “Certification of Live Birth” posted online and widely touted as “Obama’s birth certificate” does not in any way prove he was born in Hawaii, since the same “short-form” document is easily obtainable for children not born in Hawaii. The true “long-form” birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.

Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a “natural born citizen,” no controlling legal authority ever sought to verify Obama’s claim to a Hawaiian birth.

Although Obama officials have told WND all such allegations are “garbage,” here is a partial listing and status update for some of the cases over Obama’s eligibility:

  • New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn’t properly ascertain that Obama is qualified to hold the office of president.
  • Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama case alleging he wasn’t qualified even to be U.S. senator and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
  • Leo Donofrio of New Jersey filed a lawsuit claiming Obama’s dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
  • Cort Wrotnowski filed suit against Connecticut’s secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
  • Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state’s 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public’s support.
  • Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama’s vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
  • Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama’s eligibility could be confirmed, alleging doubt about Obama’s citizenship. His case was denied.
  • In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
  • Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
  • In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama’s citizenship. The case was denied.
  • In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama’s birth certificate. His request for an injunction against Georgia’s secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
  • California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.
  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  • In Texas, Brockhausen vs. Andrade.
  • In Washington, L. Charles Cohen vs. Obama.
  • In Hawaii, Keyes vs. Lingle, dismissed.

In addition, other cases cited on the RightSideofLife blog as raising questions about Obama’s eligibility include:

  • In Texas, Darrel Hunter vs. Obama later was dismissed.

  • In Ohio, Gordon Stamper vs. U.S. later was dismissed.
  • In Texas, Brockhausen vs. Andrade.
  • In Washington, L. Charles Cohen vs. Obama.

WND has reported that among the documentation not yet available for Obama includes his kindergarten records, his Punahou school records, his Occidental College records, his Columbia University records, his Columbia thesis, his Harvard Law School records, his Harvard Law Review articles, his scholarly articles from the University of Chicago, his passport, his medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records.

 


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