‘Birther Soldier’ Lawsuit Dismissed

By
Thursday, July 16, 2009 at 12:47 pm

Judge Clay Land of the Middle District of Georgia has tossed out Maj. Stefan Cook’s lawsuit demanding proof of President Obama’s citizenship before deploying him to Afghanistan.

“Federal court only has authority of actual cases and controversies,” Land said. “The entire action is dismissed for lack of subject matter jurisdiction.”

Orly Taitz has not yet spoken to WorldNetDaily about how this is a huge victory for her cause.

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Comments

55 Comments

Lava Lee Pyre
Comment posted July 16, 2009 @ 4:57 pm

Cue 24AheadDotCom with one of his trademark “Weigel is being intellectually dishonest” rants…


Bob
Comment posted July 16, 2009 @ 5:15 pm

“Orly Taitz has not yet spoken to WorldNetDaily about how this is a huge victory for her cause.”

Zing!


gimmeabreak
Comment posted July 16, 2009 @ 5:16 pm

One thing for sure, this is NOT good for John McCain :-)

Thanks for your coverage of this mess, Dave. Along with the freeper loons, you have some good people following you now.


24AheadDotCom
Comment posted July 16, 2009 @ 6:36 pm

Another day, another “birther” story, and Weigel still has not explained why Obama's “birth hospital” is (literally) covering up a letter he sent them. They've still got the video of a U.S. Rep. reading the letter on the same page, but the letter itself is “commented out” so it won't be shown in browsers.

No, really. It's hilarious, see the page here. Then, choose 'View Source' in your browser and do a find for very special congratulatory message. They've got the letter from Obama in the page, but they added in HTML comments so it won't appear in browsers. They added those comments after WND wrote about this, and there's a screengrab of the original page at WND.

If BHO isn't hiding anything, why do so many people have to keep lying for him and covering up for him?

Let's see some real reporting from Weigel for a change.


Chris
Comment posted July 16, 2009 @ 6:51 pm

I tell you what. I could explain that letter to you, if you do this for me. A Hawaiian Newspaper held a notice of Birth for Barack H. Obama II on the day after he was born which it noted Aug, 4. 1961. That's when the paper was published. How is that one giant lie? Now, it seems to me, that were you believing that Obama wasn't born in the U.S., it would require massive coordination between Illinois and Hawaiian state governments (for a period of 40 years), congressional approval from BOTH sides of the aisle, not to mention Hillary, John McCain, John Edwards and other campaigners not saying anything about it. That's how far you have to prove of a conspiracy and you are NOWHERE NEAR there.


strangely_enough
Comment posted July 16, 2009 @ 6:58 pm

Difficult to reason with someone who's got their ears plugged.
And this was never about proof; just denial and stringing along some kind of “controversy.”


Redshirt
Comment posted July 16, 2009 @ 7:12 pm

For those of you whom are not legally trained, the dismissal, along withe the jude's statement as reported, speaks volumes. The fact that the order of deployment was immediately revoked by the Army after the suit was filed, is addressed directly by the curt statement quoted above.

The Law Suit, revoked Order and Order of Dismissal confirms that any Active Duty Military person can become a plaintiff in this type of case. Any order given, by definition, is an order that flows directly from the Commander and Chief. Under the UCMJ, the issue of legality of any order, as well as, the legitimacy of the one issuing the order, is always an issue that is ripe; notice how quickly someopne acted to foil the plaintiff's legitimately seeking the protection of the Court. Just how far up the chain of command did this act of Obstruction of Justice originate?

Obamma, will shortly be forced to prove his legitimacy. This question has now gone byond the point of being a political issue, it is now a matter of National Security. I, for one, hope that he is legitimatley in the office; however, his actions to date, or more specifically his refusal to provide conclusive proof of his constitutional legitimacy, has caused the controversy to rise to a dangerous level.

It is now time for Obamma to put up of pack up.


24AheadDotCom
Comment posted July 16, 2009 @ 7:16 pm

1. The ads weren't the next day.
2. The ads only included the address of his parents and didn't indicate in which hospital or even which city he was born.
3. No one has ever presented conclusive evidence that the ads could have only come from the state of HI and would only indicate a HI birth.
4. In case of a custody battle, it would have been in the family's best interest to present him as a U.S. citizen.
5. Most of your post is a garden of logical fallacies which I don't have the time to discuss since the other four should be enough.


Matt Taylor
Comment posted July 16, 2009 @ 7:46 pm

Boy you really are an ignorant fool. Cook is nothing more than a cowardly traitor who was shitting himself at having to actually fight for our country and he requested that the orders be revoked, which was his right as HE HAD REQUESTED THE DEPLOYMENT.

<<<This question has now gone byond the point of being a political issue,>>>

Its never been a political issue. Its been quite humorous to watch you cross burning thugs lose what passes for your sanity at the concept of having a president who isn't a white male.


birferlawyersshouldbedisbarred
Comment posted July 16, 2009 @ 8:01 pm

“For those of you whom are not legally trained, the dismissal, along withe the judge's statement as reported, speaks volumes. The fact that the order of deployment was immediately revoked by the Army after the suit was filed, is addressed directly by the curt statement quoted above. Read between the lines.”

I am guessing this statement implies you ARE legally trained? In which case, counselor, your “legal analysis” of this issue evidences that you are an idiot, go back to law school. None of these cases will EVER get anywhere, and if even they got to a discovery stage, the birfers have not a shred of admissible evidence to call the COLB (a self-authenticating document under FRE 902 and prima facie evidence) into question. Again, you, counselor, are an idiot of the highest order. I pity your clients, if you indeed have any.


RedWolf_5
Comment posted July 16, 2009 @ 8:11 pm

I think the case will get the “mootness” issues adressed on appeal. read here for info: http://en.wikipedia.org/wiki/Mootness
Its up to the 11US Circuit Ct now. they could “punt” also knowing ist unlikely the US S ct would ever grant cert. This was expected, but it does NOT end the case AND Ms. Taitz has the Alan Keyes case still pending in Calif fed ct. the US attys there have less than 60 days to answer her pleading. all files available here: http://www.orlytaitzesq.com/blog1/
she has other claims in Cook's case now such as 1st amendment/whistleblower-retailiation issues.
I also agree that this now opens the door for more military folks to make similar arguemnents even if they dont believe it. all this for a small piece of paper we'd all need to show in almost any state just it get a driver's license.


gimmeabreak
Comment posted July 16, 2009 @ 8:13 pm

Birfer –

Specific to your item #2, how many other of the birth announcements for that day (or week, month, year, decade) show what hospital or city other children were born in?

Hmmm? Here, I'll make it easy for your because your web search capabilities seem to be limited to birfer sites, FR and WND:

http://whatreallyhappened.com/IMAGES/ObamaBirth…


Matt Taylor
Comment posted July 16, 2009 @ 8:31 pm

<<<all this for a small piece of paper we'd all need to show in almost any state just it get a driver's license.>>>

Hey moron, the COLB IS what constitutes enough evidence to get a drivers license.

<<>>

Seeing as how a gutless traitor like Cook is abusing the legal system because he is shitting himself at the concept of having to do his duty, whats your point?


24AheadDotCom
Comment posted July 16, 2009 @ 8:52 pm

You should have had a smart friend explain this to you. My point is that, for the reasons listed, none of those announcements are proof that those children were born in HI. None of the announcements list a birth place; no one has provided a “chain of custody” (so to speak) showing where the announcements could have come from.

What BHO cultists should do is pool their resources. Out of a hundred or so BHO cultists you might find somene who's at least slightly smart.


24AheadDotCom
Comment posted July 16, 2009 @ 8:53 pm

What COLB? The only COLB we have isn't even a COLB: it's a *picture* on a webpage of a COLB. And, one of BHO's sites with that picture was recently taken offline.


mantis
Comment posted July 16, 2009 @ 8:55 pm

Out of a hundred or so BHO cultists you might find somene who's at least slightly smart.

And would still be light years ahead of the birthers, who collectively form a black hole from which no rational thought can escape.


birferlawyersshouldbedisbarred
Comment posted July 16, 2009 @ 9:25 pm

Wow, you really are not a lawyer, are you? The 11th Circuit applies a three part test in order to determine if a case is “capable or repetition, yet evading review”. This case meets not one of those standards. Also, Cook is not privy to whistleblower protections as he has not brought a claim under the specific whistleblower laws (yup, there are specific laws, and there is a process by which one brings claims and becomes privy to those protections, a process Cook has not availed himself of, likely because his crappy lawyer doesn't know about those laws.).

The Keyes case will also be dismissed. Orly has proven herself wholly incapable of comprehending or following the Federal Rules of Civil Procedure. She has yet to even accomplish proper service on the original defendants (she also just added new defendants), which is simply the very FIRST step in a lawsuit (serving the party you are suing)–she cannot even get that much right even with instructions from the Judge. The case has now been given to a Federal Magistrate Judge to sort-out the procedural mess Orly has created by her absolute inability or refusal to follow the Federal Rules of Civil Procedure.


Reverend Mikey
Comment posted July 16, 2009 @ 9:45 pm

Sounds like the only way you'll be satisfied is if Obama mailed his original BC to every man, woman, and child in America… they could take turns passing it around.

Of course with with 305,000,000 people in the US, that would only take about 836,000 years…


Reverend Mikey
Comment posted July 16, 2009 @ 9:49 pm

Maybe Obama hasn't supplied his BC (beyond posting it on the web, that is) because the courts have not defined how, or to whom he should submit it?

I guess you think he should carry it on him at all times, and be prepared to fork it over to anybody that demands it?


Redshirt
Comment posted July 16, 2009 @ 10:29 pm

The rudeness of your posts suggests that you are neither educated, nor well read. Also, as one of Shakespear's characters said- “me thinks he protests to much.” Your are correct in your rants on the birth cirtificate issue. The birth certificate is a “Red Herring.”

If you have not yet read the constitution, read it. Then, re-read the Constitutional qualifications for President. Notice the term of art– Naturan Born Citizen. (Words have meaning) That term is, by definition both legal and common, different then the term citizen.

If you are having trouble understanding the difference, then go to Vattel's Law Of Nations- a legal resource publication in print before, during and after the Constitution was ratified; also, go read the relevant Federalist papers that explain the intent of those whom drafted, signed and ratified the Constitution.

I suggest that you do these things before you attempt another post. If and when you do attempt to post, try being civil.


birfers'r'dumb
Comment posted July 16, 2009 @ 10:32 pm

24AheadDotCom has only seen *pictures* of the earth from space, so he's not convinced that the planet is round.


birfers'r'dumb
Comment posted July 16, 2009 @ 10:38 pm

I suggest that you ought to rent the film Natural Born Killers, because it's as relevant here as your masturbatory crypto-legal effusions.


MM
Comment posted July 16, 2009 @ 10:39 pm

Civility troll demands civility.


MM
Comment posted July 16, 2009 @ 10:40 pm

Civility troll demands civility.


MM
Comment posted July 16, 2009 @ 10:40 pm

Civility troll demands civility.


Swami_Binkinanda
Comment posted July 16, 2009 @ 11:01 pm

Did the flying saucer people help? Was it the Reptilians or the Grays? Were the Masons in on it as well, or just the Illuminati, the Bilderbergers, the Elders of Zion, and the KGB? What are the voices saying to you RIGHT NOW???1!!!!!


Swami_Binkinanda
Comment posted July 16, 2009 @ 11:04 pm

Make up some more crazy stuff! Pleeeeaze? Was there a crop circle in Africa where baby Obama came out of the meteorite, only to be picked up by missionaries and placed with a good White family in the midwest? Oh wait, that's Superman.
So who was the awesome evil genius who plotted to put fake birth announcements in the paper so baby Obama could begin his evil plot for world domination from the comfort of his own Hawaiian baby crib? OMG Obama is the black Stewie Griffin!!1!!!?! I will no longer consider you 24 behind now.


birferlawyersshouldbedisbarred
Comment posted July 16, 2009 @ 11:05 pm

Vattel, since you are unaware, was a European philosopher who composed a treatise. That treatise was NEVER adopted into US Law, NEVER. Consequently, that treatise is NOT controlling law here in the USA.

Further, the correct spelling of “Shakespear” is “Shakespeare”…and the correct quote is “The lady doth protest too much, methinks.” from Hamlet Act 3, scene 2, 222–230.

If you are a lawyer, I pity your clients as you demonstrate here in your posts neither an ability to research nor any attention to detail whatsoever.

It was the intent of the Founders that the people retain the power to elect the President, and it was a power left to the people to determine the candidate's eligibility for that position (notice that both the House and the Senate are designated to check qualifications of their own members, yet no one is designated to check qualifications of the Pres). It is absolutely not a power of the Judiciary branch, and, therefore none of these cases will ever be heard. Please familiarize yourself with a concept called the “separation of powers”–the Founders were rather fond of it. Then familiarize yourself with something called the “political question doctrine” maybe you will learn something.

I also challenge you to read the US Constitution again, as you have clearly not understood it, and the Federalist Papers, especially this one, http://www.foundingfathers.info/federalistpaper…

Good day, sir.


Matt Taylor
Comment posted July 16, 2009 @ 11:06 pm

Or more likely WHY he should give into the demands of these racist idiots who have already proven they have no intention of facts getting in the way of their slanderous accusations.


Swami_Binkinanda
Comment posted July 16, 2009 @ 11:08 pm

Why haven't you posted your medical records on the internet for the world to see? I think this is one of those counter counter counter counter conspiracies, where YOU'RE the power mad black Islamic Christian atheist constitutional lawyer slash Dr. Evil and you are constantly putting out these stories because you are trying to confuse the world so YOU can be dictator of the week. I have totally figured out your plot, now you have to go to your secret lair and tell your henchpersons to begin the unfathomable PLAN 9.5 FROM OUTER SPACE!!!!!!!!


chas_in_mn
Comment posted July 16, 2009 @ 11:31 pm

My opinion: Obama is not producing the “Long Certificate” just so that the birthers can continue to make a big case out of it and make fools of themselves. Most American citizens laugh at the birthers and their tinfoil helmets and the lengths they will go to try and discredit any reasonable argument.


c mac
Comment posted July 16, 2009 @ 11:40 pm

Actually, Cook planned this for the purpose of filing the law suit. He requested deployment to Afghanistan in May, the orders came through in June, and he filed his lawsuit in July. The orders were revoked because he can ask to have them revoked up to the day of his deployment. He's using his status as a reserve officer to involve the military in a political stunt. Hopefully, this will get him a court martial. He deserves it.

As to Obama's birth certificate, well, people have been refusing to believe their own lying eyes since the beginning of time. Gullible? Obtuse? Biased? Stupid? Yes, yes, yes, and oh, yes.


birferlawyersshouldbedisbarred
Comment posted July 16, 2009 @ 11:53 pm

I see Redshirt and Redwolf_5 have taken their toys and gone home.

Wise move. You were both embarrassing yourselves terribly.


lkt
Comment posted July 17, 2009 @ 1:54 am

Agreed. And hopefully to bankrupt them too.


lkt
Comment posted July 17, 2009 @ 2:01 am

Good smackdown!


matt51937
Comment posted July 17, 2009 @ 4:21 am

So I went to the county clerk's office last week to get my Birth certificate and what they handed me was a “Certificate of live birth” with the seal of the state of Illinois. When I asked why it wasn't a birth certificate she replied “those are only given by the hospital as a showy thing and aren't official”. So the reality is the birthers are just plain delusional. Now can we move on to something that really matters like the fact that BHO is expanding on Bush's wiretapping and executive privileges?


rickahyatt
Comment posted July 17, 2009 @ 4:42 am

Bye, bye The Great 0, bye, bye, bye


rickahyatt
Comment posted July 17, 2009 @ 4:49 am

Me farteth, me thinketh. Hark, the sound resounds! The odor is not only but deadly but vile~! Here in this enclosed, this elevator room!
Even those who read of it recoil in revolution! Their olfactory senses and memory smack of past such injustices!
Hark! I hear another one! But truly VILE!
Oh, but would the elevator reach the next floor, and the freedom of fresh air!


Texas Aggie
Comment posted July 17, 2009 @ 4:58 am

Don't be too hard on the birfers. There are also people who believe the earth is flat and refuse to go to Afghanistan because then they would fall off the edge. There isn't a whole lot of difference in the truth content between the two groups' basic premises.


calvin
Comment posted July 17, 2009 @ 4:19 pm

Why explain anything to an idiot such as you?


24DickHeadDotCom
Comment posted July 17, 2009 @ 10:17 pm

Dave,

Why won't you just drink the Kool-Aid? I injected it into my dick with Rush Limbaugh's used syringes, but you don't have to. Afterwards, we can make sweet love, and I'll sleep in the wet spot.


disbar_the_birfer_lawyers
Comment posted July 17, 2009 @ 10:22 pm

Dismissed…birfers are getting wildly familiar with that word! And I am sure will be hearing it in every one of these cases they file in the future.

DISMISSED!

Bwahahaahahahahahahahahahahahahahahahaahahahhahaahahahahahahahahahahaha

No learning curve whatsoever…soooo sad.


disbar_the_birfer_lawyers
Comment posted July 18, 2009 @ 1:56 am

So, Cook joined in with Orly, consenting to be a plaintiff in one of her eligibility suits in Feb 09. Then in May 09, three months later, he volunteers to deploy KNOWING he will question the order. Then in June he gets orders to deploy, waits an entire month till he has less than a week left till deployment and then challenges the orders, forcing some other soldier to go in his damn place at a moment's notice. What a POS. He should never have volunteered, this was a political stunt that resulted in another soldier being deployed with no notice. What a Blue Falcon this guy is…

http://www.examiner.com/x-12278-Louisville-Inde…


disbar_the_birfer_lawyers
Comment posted July 18, 2009 @ 3:10 am

see Orly get smacked down for yourself on CNN, video available here:

http://mediamatters.org/mmtv/200907170043

Comedy GOLD!!!


Pug
Comment posted July 18, 2009 @ 11:53 pm

“The only COLB we have isn't even a COLB, it's a “picture”…? So Obama has an obligation to provide you with an original birth certificate? He is required to prove to you personally that he was born in the USA? I don't think so.


Pug
Comment posted July 18, 2009 @ 11:56 pm

For those of you whom are not legally trained…

Uh oh. Another graduate of Regent University law school.


Pug
Comment posted July 18, 2009 @ 11:59 pm

Good demonstration of why clowns like you will never be convinced. You will always come up with another stupid list like the one above, stupid being the key word.


RedGraham
Comment posted July 19, 2009 @ 2:57 am

Ultimately the usurper Obama(Soetoro) will be imprisoned, hanged or deported. I just pray it will be soon.


tsmith2000
Comment posted July 21, 2009 @ 1:41 am

You birthers all need to get a life and accept the fact that Barack Obama is Commander and Chief. We are better off than we were the past eight years with the neo-Cons at the helm. You are all racists and just can't stand the fact that a black man born in Africa is now the President of the United States. The fact is, the majority of the people in this country understand that this is a non issue and could care less that Obama wasn't born in the US — it's just a technicality people!!!! What difference should it make if Obama was born in Kenya and then came back to Hawaii when he was a couple weeks old? You right wing nuts are grasping at straws. The constitution was written over 200 years ago and it's an absurd requirement anyway.


Chris
Comment posted July 22, 2009 @ 7:44 am

actually you should be able to get a real copy at your county courthouse (i did for my passport in Springfield), but it doesn't change the fact that Hawaii does things differently and can (based on the ninth amendment…i think that is the one).


Chris
Comment posted July 22, 2009 @ 7:48 am

They wont get any whistle blower protections unless the judges are more daft than all the birfers combined. If you initiate a lawsuit against your employer or against a 3rd party through your employer, you get fired…No passing go, no collecting $200, just out on your bum. Even if it was possible, they would have to sue every inch of the DoD just to get any kind of info that supports his claim to whistle blower status. Not gonna happen, especially not in war time.


Name
Comment posted July 22, 2009 @ 2:46 pm

The suit was dismissed because the court didn't have jurisdiction. The validity of the major's claims wasn't addressed.


A ‘Birther’ Scorecard « One Utah
Pingback posted July 22, 2009 @ 4:41 pm

[...] Major Stefan Cook, an Army officer who volunteered for Afghanistan but reneged on his commitment [...]


‘Birther Soldier’ Lawsuit Dismissed | BlogWood
Pingback posted July 29, 2009 @ 6:14 am

[...] See the article here: ‘Birther Soldier’ Lawsuit Dismissed [...]


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