Does the Obama Birther Soldier Have a Case?

I think he means James Schlesinger, then-Secretary of Defense, rather than the historian Arthur Schlesinger.

Here's something interesting: Weigel still hasn't explained why BHO, Snopes and Wikipedia can't get their stories straight on which hospital BHO was born in.

Why can't they get their stories straight?

I think you're missing a point here. If Obama’s not legally commander in chief, soldiers could be convicted of war crimes because their orders were illegal. The Nuremburg trials established that Officers can be found liable for following unlawful orders.

Obama has already adequately shown he is a Natural Born US Citizen. Those who froth at the mouth spewing conspiracy theories about this have a screw or two loose. Get OVER IT.

*IF* he's not legally commander in chief? That's the best you can do?

He's been in the public spotlight for years, and there's not a single credible soul who believes there's the slightest evidence that he's not eligible to be POTUS.

Sorry, you've had plenty of time to come up with evidence. “If” doesn't do it any more.

I'm sure President Obama knows the name of the hospital but he isn't required to clear it with you just 'cause you've got your nose out of joint about it. What difference does it make what the name of the hospital is? What hospital was Ronald Reagan born in? Did you obsess about that too? Did you worry and obsess about Reagan's parents not being natural-born citizens (they each had a foreign-born parent)?

I can't speak for Snopes, but any asshole can edit Wikipedia to make it say whatever they want it to say. I suspect that's what World Net Daily did – make an edit with a lie, then grab a screenshot before it got changed back so they could publish the falsehood. WND readers aren't the sharpest crayons in the box so they're easy to fool.

Well, if one can try to distill the argument out of this wholly incoherent motion, it seems this guy wants to claim conscientious objector (CO) status even though he is not opposed to war in all its forms based on religious or moral beliefs (check out case law dealing with CO). The TRO motion makes no mention of him applying for CO status through the existing military procedure (yes, there is one), so, even IF he had a basis for CO status, he has not exhausted his administrative options as required before seeking relief in Federal Court.

Further, it does not appear that Orly has yet found local counsel (at least, none is listed on the Motion as filed) which she MUST have in order to be admitted pro-hac vice in GA, as she is not licensed to practice law in that state (she must be sponsored by a member of the GA Bar).

Finally, there are claims being made on various blogs that Charles Lincoln actually drafted this pleading and Orly simply filed it. Mr. Lincoln appears to have been disbarred in multiple states, and it is unclear if the CA Bar is aware that he is now assisting Orly (if indeed these claims are correct). There are specific provisions regarding “employment” of disbarred attorneys under the Rules of Professional Conduct in both CA and GA that need be followed if indeed he is assisting her…employment seems to include both paid and unpaid assistance on a case.

Wikipedia? You mean when Joseph Farah Tweeted for us to go look. Imagine that. He was aware that the wiki article had been changed. How does that happen? Perhaps he knew about it?

Ever hear about edit wars?

It was a farce. And, WND got what it wanted. A bunch of morons over to his site.

Did you read the story in Gawk where the writer for WND got caught changing wikipedia entries just to make a story for WND? A few months back. Old trick for WND. And, apparently sucessful for fools to believe such crap.

Also, both hospitals are in hawaii.

Wikipedia? You mean when Joseph Farah Tweeted for us to go look. Imagine that. He was aware that the wiki article had been changed. How does that happen? Perhaps he knew about it?

Ever hear about edit wars?

It was a farce. And, WND got what it wanted. A bunch of morons over to his site.

Did you read the story in Gawk where the writer for WND got caught changing wikipedia entries just to make a story for WND? A few months back. Old trick for WND. And, apparently sucessful for fools to believe such crap.

Also, both hospitals are in hawaii.

Googling “Charles Lincoln” and “disbarred” yields some interesting results. As does googling his name and deo vindice…apparently he has a real estate redemption website at deovindice DOT us…interesting if he is Orly's “law clerk” now.

In Vietnam, conscripts were ordered to fight in a war that Congress did not declare

In Iraq and Afghanistan, volunteer soldiers were ordered by then-President Bush to fight in a war that Congress specifically authorized. Issues of President Obama's birth have been raised and rejected, as he is a US citizen born in Hawaii. That one major in the Army doesn't believe it is hardly equivalent to the moral outrage that Vietnam turned out to be.

This guy doesn't like it? Shouldn't have volunteered. But if you're in, you obey the Commander-in-Chief, or face courtmartial.

Even if hypothetically Obama were “ineligible” (buying into the whole birther nonsense)…. Obama would STILL be the President and the Commander in Chief. He would be the “de facto” President and all of his orders would be legal until such time as he was removed from office by legal means such as impeachment.

So even interpreting the officer's claims in their best light — Obama is still President and the orders he makes as Commander in Chief are valid.

Anyone who has seriously looked at this issue understands that this is a REAL problem for Obama. Ignore the deceit and smoke-screen lies from the liberal lefties.

Bull… do your homework, jackass.

I think you are missing the real point of the lawsuit. That being to have Obama removed from the presidency. They've been waiting for a soldier to be willing to file suit, as the courts said that the private citizens that have previously challenged his presidency didn't have “standing” in such a lawsuit. Now they have one.

Then how come only Charles Graner, Lynde England and their buddy were the only ones prosecuted for torturing, raping and abusing prisoners in custody at Abu Ghraib? Would Cheney/Bush let the little guys go down for their bad policies?

You betcha.

Indeed, we're shaking in our boots.

I can only hope that the Republican party will make Obama's birth certificate an even larger issue in 2012 than it was in 2008. Please try to convince them to do so, after all, its a real problem for Obama, right?

How's this?

Associated Press Nov 1, 2008:
The Associated Press quoted Chiyome Fukino as saying that both she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate.

Fukino also was quoted by several other news organizations. The Honolulu Advertiser quoted Fukino as saying the agency had been bombarded by requests, and that the registrar of statistics had even been called in at home in the middle of the night.

[...]

Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”

So, how's my “homework”? /Sarcasm.

Orly Taitz “can't find the courthouse,” as my Civil Procedure professor used to drill into us. If she can't effect proper service, then the court has no jurisdiction to hear the case, and must dismiss it. She's got 60 days. That is what the judge REALLY ruled today: not that he would hear the case, that if somehow Ms. Taitz figured out how to “find the courthouse,” the case could proceed. If not, it will be dismissed.

I could tell her where to look it up, but as a dentist, she should know how to use the law library….

She is a joke! And so are her repeated lawsuits.

Hope she has malpractice insurance! Actually, I hope she doesn't. If not, then both she and the dopes who hired her can file for bankruptcy. Friendly judges waiting to greet them there!

Cook has two choices: Afghanistan, or the brig. Since he's a month plus overdue to report, it looks like the brig! Dentist Taitz's motion for a TRO is a bad joke. The court must find it likely that she will prevail on the merits, to grant a TRO. So far, she hasn't figured out how to get jurisdiction so that the court can hear her motion.

Can't wait to see her next press release!

What is most comical in this is that poor Orly doesn't realize that she has just lost her dental practice through her foray into being a pretend lawyer! What fun!

They needn't worry. Obama was duly, and legally, sworn in as President about six months ago. Besides, what is a Major in the Army doing claiming to be a conscientious objector? Ridculousness piled upon ridiculousness!

What I don't understand is why Obama just doesn't come clean and let independent investigators clear his name this will go on forever do it on TV let the investigators dig up any dirt they can on the Obamas and bring it out once and for all Barack can answer all charges on TV being that he is transparent and all

It's okay! I just rewrote the Wikipedia article so that everything corresponds.

You're citing Wikipedia as though it were factual????

That seems to be the only arrow they have left in their quiver. Sad, when the fate of the natiion depends upon bozos like Jeff Sessions and Orly Taitz! But extremely comic!

Even if Ms Taitz somehow miraculously prevails on the merits, months or years down the road, and Obama is impeachable: HE'S STILL THE PRESIDENT AND COMMANDER-IN-CHIEF until impeached. Check the Constitution. And so poor Major Cook is still rotting in the brig!

BOTTOM LINE: Obama is still President.

And still Black.

And you're neither!

Boo-hoo!

Hope Major Cook gets a “friendly” roommate in prison named “Bubba.”

Why bother to respond to stupid claims from swine like you? He has important things to do, like running the country, not answering stupid questions from stupid people. Like you. Or [giggle!!!] Orly Taitz!

I just searched for “Orly Taitz” on the NYTimes website and got shuttle schedules at a Paris airport….

Problem for Obama? Hardly! Problem for Cook? He hired a lawyer who can't figure out how to file a lawsit! And who thinks not getting dismissed is the occasion for a press release! FOR GOD'S SAKE: the legal profession used to require minimal competence! Orly Taitz has displayed only total incompetence so far, except in the PR realm. Let's just disbar her and move on. She can stiill be a dentist, until the professional standards board looks into her practice.

But Ronnie WASN'T BLACK!!!!!!

So far as any of us know….

I was born 66 1/2 years ago in a hospital in Kearney, Nebraska. I don't remember it; there was too much going on for me to read the name on the facade of the hospital. I got a copy of my Birth Certificate from the State of Nebraska a coupe of years ago. It says “Certificate of Live Birth.”

Maybe I don't exist?

“WND readers aren't the sharpest crayons in the box so they're easy to fool.”

But they sure are fun! Otherwise we'd be shooting fish in a barrel. But the fish are smarter than WND readers.

What I don't understand is why Cook doesn't report for duty tomorrow, as ordered. If he loses the Temporary Restraining Order [scheduled for hearing on Thursday], then he's eligible for the brig! It's nice to have a soldier willing to go to prision for his misguided principles: I'd rather he died for his country!

What Orly isn't telling you kids is that even if she should win her lawsuit[s]–which is a one in a million chance, at best–Obama is STILL PRESIDENT! And unless she wins the TRO tomorrow, Cook is GOING TO AFGHANISTAN OR JAIL!

And she still hasn't let you in on the little secret that jurisdiction in the federal courts has not attached to her lawsuit, until she figures out how to get service of process on Obama.

There are books that tell her how. First she has to read!

Where did she get her law degree? Mail-order?

Wave bye-bye to Major Cook! He won't be out for a while!

Can I get a rebate on my taxes for my portion of Major Cook's salary? Wimpy traitor!

In approximately seven hours, Major Cook will be sent either to Afghanistan or to jail. Probably his choice. As his employer, I don't really care, so long as he goes away and quits bothering me. A TAXPAYER!

He has posted his birth certificate, dummy! The proper authorities in Hawaii have verified it! What more do you want? Him to quit being black? Get used to it! Or else pay the fees when Orly Taitz is disbarred for perpetual stupidity.

Obama has NEVER released his “birth certificate.” He only showed a (very sketchy) “Certification of Live Birth,” which does NOT prove much of anything. Hawaiian residents born elsewhere can obtain a COLB.

OBAMA, STOP HIDING. SHOW US THE LONG FORM BIRTH CERTIFICATE!!!!!

Mr Weigel. . .GET SOME INTEGRITY!

Just when did “the best and the brightest” become “the worst and the dumbest?” Major Cook should, and proabably will, be court-martialed for dereliction of duty. Ain't you proud?

“Where did she get her law degree? Mail-order?”

Yep.

See major development:
Bombshell: Orders revoked for soldier challenging prez
Major victory for Army warrior questioning Obama's birthplace
Posted: July 14, 2009 9:53 pm Eastern

By Chelsea Schilling and Joe Kovacs
© 2009 WorldNetDaily

Dr. Orly Taitz

A U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after arguing he should not be required to serve under a president who has not proven his eligibility 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.”

A hearing on the questions raised by Maj. Stefan Frederick Cook, an engineer who told WND he wants to serve his country in Afghanistan, was scheduled for July 16 at 9:30 a.m.

Join the petition campaign to make President Obama reveal his long-form, hospital-generated birth certificate!

“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.

The order for the hearing in the federal court for the Middle District of Georgia from U.S. District Judge Clay D. Land said the hearing on the request for a temporary restraining order would be held Thursday.

Want to turn up the pressure to learn the facts? Get your signs and postcards asking for the president's birth certificate documentation here.

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 “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.

Cook 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.

He told WND he would be prepared for a backlash against him as a military officer, since members of the military swear to uphold and follow their orders. However, he noted that following an illegal order would be just as bad as failing to follow a legal order.

Before news of the orders being revoked were reported, MSNBC anchor Keith Olbermann tonight called Cook a “jackass” and Taitz a “conwoman,” as he labeled both of them the “worst persons in the world.” He flayed the soldier as “an embarrassment to all those who have served without cowardice.”

Named as defendants in the case are Col. Wanda Good, Col. Thomas Macdonald, Secretary of Defense Robert Gates and Obama, described as “de facto president of the United States.”

According to the court filing, Cook affirmed when he joined the military, he took the following oath: “I, Stefan Frederick Cook, do solemnly swear (or affirm) that I will 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; and that I will obey the orders of the president of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice. So help me God.”

According to the claim, “Plaintiff submits that it is implicit though not expressly stated that an officer is and should be subject to court-martial, because he will be derelict in the performance of his duties, if he does not inquire as to the lawfulness, the legality, the legitimacy of the orders which he has received, whether those orders are specific or general.”

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.'”

Multiple questions have been raised about what that would mean to the 2008 election, to the orders and laws Obama has signed and other issues, including whether he then is a valid commander-in-chief of the military. . . .
————————-
See the original TRO for Major Cook
http://www.orlytaitzesq.com/blog1/?p=3064

Heck since Birth Certificates didn't become the norm until the 1930's – about 2/3 of our Presidents don't have birth certificates – where's the wingnut outrage! :-)

You don't know what you are talkling about captainsteve! Obama Birth certificate has been ruled authentic by the court, after it was produced by the Hawaian court for examination! how often does this man have to prove his birth to the uneducated baboons who wouldn't know a authentic B.C if they saw one? If you want to go that route let's go after Mccain who was born out of the United states all together! Who's to say he belongs to the mccain family at all, an he wasn't illegaly adopted? You therorist thugs, go on, an on, and on. Simply because you can't believe a black man, and a Demacrate to boot took ya all to the cleaners! Hawaii is part of the United States, Mccain wasn't even born in the United States! There's a few others in question to, shall we also talk about them. It's time to move on people!

The authentic Birth Certificate was showen all over the internet, proven authentic in a court of law, Release for review by the Hawaii courts who ruled it authentic to their state! People get over it. The black man is your president, an you can cry a pool of water for the next 8 years, or try to change your racist view points, so you don't continue over and over agains to argue the same stupid talking point! But, than again you can join the rank of Ensign,Sanford, Palin and the rest of the down and out GOP, if you can't move on for the better of your party!

Sorry, but you are wrong.

The courts HAVE NOT ruled on the merits of the case.

Obama has NEVER EVER released his “birth certificate.” He only showed a (very sketchy) “Certification of Live Birth.” There's a very big difference. Go do some research.

And forget McCain, I didn't vote for him. Plus, he lost.

OBAMA, STOP HIDING. SHOW US THE LONG FORM BIRTH CERTIFICATE!!!!!

http://thesteadydrip.blogspot.com/2009/04/aka-o…

<<<Hawaiian residents born elsewhere can obtain a COLB.>>>

You mean the ones who were born there can. Or are you claiming that the Hawaiian Govt is handing them out to people who were not born in the state? If so you would be blatantly lying, but reality and facts have never been a requirement for any people believing the birther delusion.

<<Where did she get her law degree? Mail-order?>>

Uhh actually, they prefer the term “remote learning institution”.

The fact is that every idiotic lie that has been disproven on this theory has been met by the closet racists coming up with a new version of their slander, explaining why the fact that they have been proven wrong on every step of the claim to date should not be held against them.

To anyone stupid enough to believe this lunacy at this point there is NOTHING that will change their mind. That would require them admitting that they are, AT BEST, legally incompetent buffoons.

No, you exist, you are simply a space alien who was brought to earth from Mars and they issued you a “COLB” like they do to pretty much everyone who comes in and asks for them. They call it the “No questions asked” form and just let you fill in whatever the heck you want.

Didn't you know that?

Dual citizenship makes Obama a one-time American before he was adopted by the Indonesian. Too bad he was NEVER a natural-born citizen as defined by the constitition hence he must keep all important records sealed from the public. One day he will be imprisoned, hanged or deported.

I have noticed a trend with the folks that support Obama you accept what you're fed about him with out truely knowing almost cult like. We all seen the same behavior with the David Keresh and the Jim Jones Followers. I don't believe he has it…..half of America doesn't believe he has his Birth Certificate so he needs to clear the air…..The man loves being on TV so lets him give an hour to present the facts that back him up and let some independent investigaters who Obama gave access to ALL his records have an hour to give the info they find…………All I'm saying if it's proven Obama is a fraud I expect a Coup by the end of the day…….. We need to question authority and we need to question Obama hourly because he has already proven himself a liar to protect himself. I mean come on who doesn't know their own Auntie is in this country Illegally but an idiot and if he's that stupid then he shouldn't be president in the first place.

NULLIFY the Usurper!

Except for one little problem for “Dr.” Taitz. Maj. Cook is a *reservist* who *volunteered* to go to the front, and because of this, he was able to back out of deployment at anytime if he wanted to.
And since he was a reservist, he had a regular job… emphasis on the word “had”. Because he was working for a military contractor, that is, until this frivolous lawsuit of Taitz. It should come to no surprise, then, that the Army decided to yank Mr. Cook's clearances and therefore he lost his job. Now is job is unemployed and instead of a check, he gets an IOU from California.
Mission Accomplished, “Dr.” Taitz.

You know, your walking a thin line on sedition….

There have been 24 attempts in the United States to regulate speech that has been deemed seditious. In 1798, President John Adams signed into law the Alien and Sedition Acts, the fourth of which, the Sedition Act or “An Act for the Punishment of Certain Crimes against the United States” set out punishments of up to two years' imprisonment for “opposing or resisting any law of the United States” or writing or publishing “false, scandalous, and malicious writing” about the President or Congress (but specifically not the Vice-President). The act was allowed to expire in 1801 after the election of Thomas Jefferson to the presidency. He was Vice President at the time of the Act's passage.

Under the Espionage Act of 1917, section 3 made it a crime, punishable by 20 years' imprisonment and a fine of up to $10,000, to wilfully spread false news of the US military with an intent to disrupt their operations, to foment mutiny in the ranks, or obstruct recruiting. The act was amended in 1918 by the Sedition Act, which expanded the purview of the Espionage Act to any statement criticizing the government. The act was upheld in 1919 in Schenck v. United States, but was largely repealed in 1921, leaving laws forbidding espionage and allowing military censorship of sensitive material.

In 1940, the Alien Registration Act or Smith Act was passed, which made it a crime to advocate or teach the desirability of overthrowing the United States Government, or to be a member of any organization which does the same. It was often used against Communist organizations. The act was invoked in three major trials, one of the Socialist Worker's Party in Minneapolis in 1941, resulting in 23 convictions, and again in 1944 in what became known as “The Great Sedition Trial”, of pro-Nazi figures which ended in a mistrial. A series of trials of 140 leaders of the Communist Party USA was also predicated upon the Smith Act beginning in 1949, and lasting until 1957. Although the Supreme Court upheld the convictions of 11 CPUSA leaders in 1951, the court reversed itself in 1957 in Yates v. United States by ruling that teaching an ideal, no matter how harmful it may seem, does not equal advocating or planning its implementation. Although unused since at least 1961[citation needed], the Smith Act remains US law.

Sufficient for the US Supreme Court to authorize her as a Member of the Court and Officer of the Court authorized to practice before the Supreme Court.

davefromthewest…….how stupid are you……..really?????

Still Obama refuses to produce his original BC, Indonesian adoption records , any school or college records are under wraps, the draft-registration cloudiness and the passport to Pakistan in 1981, evidence he has used more than one Social Security#, and the government gag-order on his family in Kenya look a little suspicious almost as if the birthers are right.