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

743-majcook24web_embedded_prod_affiliate_70A 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.”

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

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

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

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

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

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

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

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

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Published in: on July 16, 2009 at 10:29 pm  Comments (2)  
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  1. Cook should be sent to Afghanistan immediately as a PVT E-1 and upon arrival, handed to the Taliban in exchange for the real American soldier they are holding and threatening to murder. At the very least, Cook might be able to atone for his scurrilous conduct because he has willfully compromised his citizenship, personal integrity, and oath to uphold and defend the Constitution.

    And he oughta take his ding bat lawyer with him because she’s a professional loser at this particular game. Maybe she’ll find more favor with the Taliban than she has so far with any US court, particularly the Supreme Court. A dentist practicing law with a computer-generated degree. Ain’t America great?

    Even CG SOUTHCOM has stated he doesn’t want this piece of fecal matter serving in his command area because he cannot be trusted and he is unfit for service. And the govt pulled his security clearance for the same reason, no less than they did for Jonathan Pollard.

    Whatta loser. Just like Ollie North, a convicted criminal.

    • You know Joe, I respect your opinion of Cook and his lawyer. Something sounded off with the fact he re-upped a few months ago after Obama was sworn in then don’t think he should go. I would have thought more of it if he was active before Jan.
      The point still remains………is there proof that Obama is a natural born? I have yet to see it. We have yet to find out how he paid for collage. We don’t know much about his past…….well other than the church he went to with Rev. Wright , and the fact he done drugs as a collage student……..oh lets not forget he knows Bill Ayers also……..
      President Obama could clear all this up by just unsealing his records……..school records……long form birth certificate ( I have a certificate of birth and you can’t even use it to get a driver’s license)……his passport which he would have had to send in his REAL birth certificate (because I had to have mine to get my passport).
      All I ask is lets see the proof after his audio book “Dreams from my Father” and what he has said on the campaign I’ve noticed he back tracks too much.

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