DISMISSED!! Federal judge dismisses reservist's suit questioning Obama's presidency

[Adelante]

A 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."

http://www.ledger-enquirer.com/292/story/779031.html

:woohoo:

[scheming daemons]

1. Great... but I wanted a stronger statement... "Dismissed. Because plaintiff is batshit crazy."

[Starbucks Anarchist]

2. I'd like Judge Judy to say that.

[uppityperson]

5. That would have been nice, they worded it more civilly though

"Federal court only has authority of actual cases and controversies"

[blondeatlast]

25. That's how it's done; the court basically said, in justice parlance,

"Your an idiot with a completely baseless claim; we don't want to see your ass back here again."

[Cha]

7. Yes, there needs to be a statement that

says..it's because President Obama was born in the USA, muthafookers!

[BlooInBloo]

23. I'm happy for you to say that, but I wouldn't be happy for a judge to say that...

wearing his or her judge hat.

[blondeatlast]

26. That's pretty much what the judge said. I have a professor that clerked for

a federal judge and he likes to tell us about the "fuck yous" that the higher courts would send to the lower ones. It gets pretty amusing at times.

[Phx_Dem]

3. Orly: "We won, we won!" Uh, not so much MORON!

She must have gone to that Oral Roberts(?) University of Law where Monica Goodling and so many of the diot Bush legal staff graduated.

:crazy:

[PatGund]

31. Nothing THAT good.....

Dr. Orly Taitz, DDS, got her law degree from William Taft School of Law, an unaccredited "distance learning" law school in Santa Ana, California. California is the only state that allows graduates of on-line and other unaccredited law schools to take the bar examination.

ORU or Liberty University would be a step up.

Though she's now getting help from her new "Law Clerk", one Dr. Charles Lincoln, Ph.D. Lincoln has his law degree from University of Chicago, and is heavily involved in the "Tax Evasion" and "Sovereign Citizen" movements. He's a convicted felon, having served prison time for tax evasion and bank fraud, and has been disbarred in Florida and California. In Texas he volunteered to give up his law license rather than be disbarred there.

[UP_4012]

4. FINALLY! n/t

[Lil Missy]

6. Not only that, he lost his job over this!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x337622

[scheming daemons]

10. and don't be surprised if court martial is coming....

..he committed treason.

[JayMusgrove]

27. Yeah now THERE's a bit of justice for this "moran"!!! He's too

dumb for his job.

[rd_kent]

8. Unfortunately, I does not put to rest the birther issue

so we will keep having to hear about that nonsense.

[Adelante]

18. I'd just as soon the courts keep throwing out cases, in a way

The Judiciary really shouldn't be deciding something like this, just as they shouldn't have been left to decide in 2000. Congress has all the authority in confirming presidential elections, which they already did. I guess I wouldn't mind a resolution from them to shut this down, maybe.

[SemiCharmedQuark]

32. gawd himself could say "I pledge that I formed Barack Hussein Obama out of Hawaiian sand August 1961

and it would not put to rest the birther issue.

[rd_kent]

36. Yeah, you're right about that!

[xultar]

9. What a fucking moran. He volunteered to go so that he could do this...and

the idiot didn't know that volunteering and then saying you're not going to go means that you don't have to go.

Priceless.

Now they aren't going to ever order him to go because he's an idiot and then they'll have to give him a General Discharge which is a perm mark on his moronic ass.

[Politicalboi]

34. Well he is ONLY a Major LOL!

Why does Obama hate the military? :sarcasm:

[JuniperLea]

52. He could lose all his military benefits over this, I betcha!

It would serve him right... what an idiot.

[Berry Cool]

11. Not only that, he VOLUNTEERED!

So first he volunteers for Afghanistan, then he says he can't go--so of course they don't make him go, because they can't make him go if he changes his mind! So the whole case was just a trumped-up excuse for a birther lawsuit to begin with!!

[Adelante]

16. He first volunteered for the Birther lawsuit in February

Second, in May, he volunteered for Afghanistan. Nobody was supposed to notice :crazy:

[Festivito]

12. Good timeline DUer meegbear DU link.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6079971
.... DU snip ....
March: Cook acknowledges he's among the plaintiffs in a class-action suit "on behalf of 120 military officers" challenging President Obama's authority as Commander in Chief.

In May, Cook tells the Army he wants to be sent to Afghanistan.

In June, the Army accepts Cooks offer.

In July, Cook sues to "get out" of (see updates) regarding that assignment, based on the same grounds (Obama not qualified) and using the same attorney (who actively seeks military members to participate in such suits) for a previous suit he was involved in that pre-dates his volunteering to deploy to Afghanistan.

Even without going to court, the Army says - essentially - hey, no problem. You were the one who wanted to go in the first place.
....


ALSO, more in a pre-dating thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8529625

[Cha]

21. Thanks for

this handy guide.

[sarge43]

13. So, is this POS going to get a close encounter of the nasty kind with Art 88, UCMJ? n/t

[scheming daemons]

15. Hope so.... military doesn't usually mess around with this treasonous crap

[sarge43]

19. I wouldn't call it treason, but

insubordination, making false statements, conduct unbecoming - a nice buffet of charges.

I can't help but wonder what major asshat would do if one of his subordins publicly questioned the legality of his commission.

[struggle4progress]

22. He and his pals need the modern equivalent of a Section 8

Two more officers join suit challenging Obama's citizenship
... retired Maj. Gen. Carol Dean Childers and active U.S. Air Force reservist Lt. Col. David Earl Graeff have joined the suit ... http://blogs.usatoday.com/ondeadline/2009/07/two-more-officers-join-suit-challenging-obamas-citizenship-.html

[Orsino]

14. It's kind of a shame this matter couldn't have been euthanized...

...on its nonexistent merits.

[S_E_Fudd]

17. So now the birthers will say the military is in on the coverup...

Dismissing him so the "real" issues wouldn't be discussed...


dumbasses

[jberryhill]

20. Yup....

It's okay... they'll be back with another one. Once they manage to quit shooting themselves in the foot, they'll be set for a full-on smackdown.

[ingac70]

24. Cook's Freeper handle is Roaddog727.

[blitzburgh55]

28. Retired general, lieutenant colonel join reservist’s lawsuit over Obama's birth status

Freepers hate America.

http://www.ledger-enquirer.com/news/story/778482.html

[Cha]

29. And, they don't give a shit about

their fellow soldiers who are serving in Afghanistan as we type.

[Adelante]

30. I just posted this in another thread

From a Birther site, "The Betrayal."

Major General Commanding General Carroll D. Childers Joins Military Suit
Posted on February 25th, 2009 by David-Crockett

Defend Our Freedoms Foundation reports:

Major General Commanding General Carroll D. Childers

CONSENT FORM
DATE: 24 Feb 2009

Attn. Orly Taitz, Esq.
26302 La Paz, Ste. 211
Mission Viejo, CA 92691

I agree to be a plaintiff in the legal action to be filed by Orly Taitz, Esq. in a PETITION FOR A DECLARATORY JUDGEMENT THAT BARACK HUSSEIN OBAMA IS NOT QUALIFIED TO BE PRESIDENT of the U.S., nor TO BE COMMANDER IN CHIEF of the U.S. ARMED FORCES, in that I am or was a sworn member of the U.S. military (subject to recall), and therefore when serving as an active member of the military, I would be unable to follow any orders given by a Constitutionally unqualified Commander In Chief, since by doing so I would be subject to charges of aiding and abetting fraud and committing acts of treason.

TYPED NAME or Signature: Carroll D. Childers
FULL NAME: Carroll Dean Childers

POSITION IN THE MILITARY/RANK/DATES SERVED/STATUS: Retired as Major General Commanding General 29TH Infantry Division VA ARNG 1999, 44 years service

OCCUPATION: Consultant Registered Professional Engineer

ACHIEVEMENTS: Retired 38 Yrs DON Civil Service, RDT&E, several patents, 14 months in combat zones as science advisor (Vietnam, Persian Gulf, Operation Desert Storm), Oldest DHG of a Ranger Course (42), retired MG, married 50+ years, still ticking and kicking

I can present a long list of reasons, taken individually, which convinced me NOT to vote for Barack Hussein Obama; his crime associates in the USA, his lack of experience, the mystery of his citizenship, his promise to make coal power industry bankrupt through excessive regulations, his constant adjustment of position on issues, his tax plan, his spread the wealth admission, his obvious socialistic goals, his associations with foreign leaders unfriendly to the USA, the lies he tells about a range of subjects including perhaps who his biological father really is, his most recent revelation of having a “National Security Force” (whatever that is)……………all of these says he is a person of mystery, of no integrity, and in fact paints him with the same narcissist paint of Hitler, Stalin, Saddam, Mao, and Kim Jong Ill.

But then, there is a simple more direct, easier to understand reason that I did not vote for him and that is his lack of respect for the country that is giving him the opportunity to run for the highest office in the land……..even though I personally think he is not constitutionally eligible.

But more than 50% of America voted for this charlatan and he now has the helm of the ship of state. Even so, he is not MY President. I will not refer to him as such. I will call him Resident Obama, and an illegal resident of the white house at that. I resent him for what he is not. He has not given proof that he is a natural born citizen of these United States. He has spent millions of dollars protecting the truth of his birth from public knowledge; therefore, it is obvious he has something to hide. He is an interloper, a usurper, a fake, a scam artist, a Chicago crook, a recipient of bribes and gratuitous income for which he paid no tax, a socialist (perhaps only a communist or Marxist), and a grave danger to the future of the America that I love and have protected since I was 17 years old.

I have told my two senators and my member of the House of Representatives. I have written 9 justices of the Supreme Court as well as President Bush before he left office. NONE have responded, therefore, they are all complicit and should all be severely punished for having failed in their sworn oath to protect and defend the constitution against all enemies, foreign and domestic. The instant Obamb was sworn in, he violated the oath he took because he took the office knowing he is ineligible and there stood Judge Roberts who should have immediately had Obama arrested and deported.

Other than this, my key short-term complaint is that he has not had a heart attack in office. But most important, what I really want is the truth; is Obama a natural born citizen of the United States. If not a natural born citizen, America has been defrauded and then we would be stuck with Joe Biden whose only redeeming attribute is that he is probably not a communist.

Carroll D. Childers P.E.
Major General (Retired)

A couple of interesting comments in the thread:

7.
TSO // Jul 16, 2009 at 3:59 am

I served under you General Childers. In fact, you sent me to Slovinsky Brod Bosnia. I had lunch with you at the AUSA convention just prior to it. We talked about then 1SG Dancy. I also spoke to CSM Amos and a few others. I went to Bosnia. I served under you.

Now how about you show me your friggin Commissioning Certificate. I never saw it. Can I assume all your orders were illegal?

I dislike this President as much as anyone, but this quest of your dishonors the men like Stonewall Jackson and Thomas Dry Howie who came before you. For the first time ever, I am embarrassed to say I served in the 29th. I even did so twice, since I rejoined to go to A-stan.

How about concentrating on your retirement, and less time chronicling your time in our unit before acting like a total asshat.

8.
Brown Neck Gaitor // Jul 16, 2009 at 3:09 pm

First, I did not vote for BHO, but someone sure did and we are stuck with him.

Second, where were you Resident Childers when we were in training for our Bosnia training? I know, you were back in VA hiding under politcal cover (like a good political appointee AG) until you could wet your (at the time) 1-star right index finger and figure out which way the wind was blowing.

Did you visit the troops (from your state) during the historic train up of the first Natioanl Guard combat unit to deploy overseas since Vietnam? No.

Did you show up for our departure ceremony in your Sam Brown belt and BDUs? Why yes you did. Because it was safe and would affect your promotion to Division Commander.

Finally, you stated,”Other than this, my key short-term complaint is that he has not had a heart attack in office.” It has now become apparent you have lost all cognitive abilities. Please do me and the 29th a favor by omitting the 29th from your resume.

“29th, Let’s see that commission!”

http://www.oilforimmigration.org/facts/?p=1144

[rasputin1952]

49. Some MG(ret)...I would think that someone who had enough savvy

to become a MG would have enough sense not to equate the president w/the likes of Hitler, Stalin, et al.

Interesting political screed he ran off there, and the comments are a little interesting as well...:)

While the General can say what he likes, just saying it does not make it "right", he can be as delusional as he wants to be, the more he puts out crap like this, the more he will be seen as a loon. Glad I didn't have to serve under his command...:scared:

[CitizenLeft]

51. what the hell???

"...the lies he tells about a range of subjects including perhaps who his biological father really is..."

"...I have told my two senators and my member of the House of Representatives. I have written 9 justices of the Supreme Court as well as President Bush before he left office. NONE have responded, therefore, they are all complicit and should all be severely punished for having failed in their sworn oath to protect and defend the constitution against all enemies, foreign and domestic."

Oh my God. I just - I'm just overwhelmed by the hatred and stupidity of this man, and his fellow morons. I just don't know what to say.

And Bush and the wingnuts on the court just went up a notch. Okay, a little notch.

[Cognitive_Resonance]

33. Don't worry. Karma's not done yet with this a-hole.

He had his security clearance pulled. No government contractor will touch him. Given the present state of the economy that makes him ineligible for most of the better jobs in his field.

The other shoe may be yet to drop as the military takes a very dim view of a-hole's who play games like he did. He's prime material for making an example.

[GreenPartyVoter]

35. Not that it has anything to do with anything, nor am I making fun, but

"Clay Land?" :D

[Adelante]

37. Written Order by Judge

ORDER

To make the record complete and easily accessible to the
parties and other persons interested in the Court’s oral ruling
today, the Court files this written order that puts in writing the
oral order that the Court issued from the bench at the conclusion
of the hearing today on the Defendants’ motion to dismiss.
The same Constitution upon which Major Cook relies in support
of his contention that President Barack Obama is not eligible to
serve as President of the United States very clearly provides that
federal courts shall only have the authority to hear actual “cases
and controversies.” By restricting the Judiciary’s power to actual
“cases and controversies,” our founders wisely established a
separation of powers that would ensure the freedom of their fellow
citizens. They concluded that the Judicial Branch, the unelected
branch, should not inject itself into purely “political disputes,”
and that it should not entangle itself in hypothetical debates

2

which had not ripened to an actual legal dispute.
The Courts have therefore consistently held that in order to
have legal “standing” to pursue a claim in federal court, a party
seeking federal jurisdiction must establish the following three
elements: 1) that he has experienced an “injury in fact” that is
concrete and particularized and actual or imminent, as opposed to
merely conjectural or hypothetical; 2) that there is a causal
connection between the injury and the defendant’s conduct that is
traceable to the challenged action of the defendant; and 3) that a
favorable decision will likely redress the complained of injury.
In this case, Major Cook cannot satisfy these elements. His
orders have been revoked. He is not being deployed to Afghanistan
or Iraq. He is under no present order to report anywhere. There
is no evidence that he is subject to future deployment. Any such
contention is sheer speculation and entirely hypothetical. Thus,
he has suffered no particularized or concrete injury. There is no
causal connection between any conduct by the defendant and any
alleged injury. And the only remedy he sought from this court,
avoiding deployment, has already been provided, and thus there is
no remedy that this court may provide that will redress his alleged
injury.

Based on all of these reasons, Major Cook does not have
standing to pursue this action. Thus, no case or controversy
exists under the United States Constitution, and this Court
consequently has no subject matter jurisdiction over this action.

3

Accordingly, Defendants’ motion to dismiss must be granted.
Recognizing that his opportunity to air his grievance over the
President’s eligibility to serve as President of the United States
was slipping by, Plaintiff’s attorney seeks to rescue the claims
with two arguments: First, she argues that the Court should
exercise jurisdiction because the complained of conduct is “capable
of repetition, yet evading judicial review.” Second, she seeks to
amend the complaint to add two additional parties, Maj. Gen. Carol
Dean Childers (Retired) and Lt. Col. David Earl Graef. Plaintiff’s
efforts to maintain this political controversy in federal court
must fail.

First, there is no evidence that Major Cook is likely subject
to future deployment orders. In fact, the evidence is to the
contrary. He is not likely to be deployed in the future.
Therefore, it is speculation that he will be under the command of
President Obama as a member of the United States Military. Second,
there is no evidence that he would not have an opportunity to have
any future claim reviewed. There is simply no evidence that this
claim falls within the narrow “capable of repetition, yet evading
review” principle of federal jurisdiction.

Second, the Court finds that Major General Childers and Lt.
Col Graef do not have standing to pursue their claims. They have
alleged no concrete particularized injury. They simply maintain
that they do not believe President Obama is eligible to serve as
President of the United States, and that hypothetically they “may”
one day be subject to orders while he is Commander in Chief. They
have no standing orders to report to duty. They are under no order
for future deployment. They have made no showing that they will
not have a process available to them to protest any orders should
they be issued. Their political claim does not give rise to a case
or controversy to be heard in federal court.

This Court has a duty to follow the United States
Constitution. That Constitution limits jurisdiction to actual
cases and controversies. To extend jurisdiction beyond its limits
would be a violation of that very Constitution upon which Plaintiff
relies in support of his claims. This the Court refuses to do.

Note: I'm trying to get the link for this - will return.

[BlooInBloo]

38. "He is not likely to be deployed in the future." - BWAHAHAA!!! (hint, hint)

[Adelante]

39. I'm really glad he said this

The same Constitution upon which Major Cook relies in support
of his contention that President Barack Obama is not eligible to
serve as President of the United States very clearly provides that
federal courts shall only have the authority to hear actual “cases
and controversies.” By restricting the Judiciary’s power to actual
“cases and controversies,” our founders wisely established a
separation of powers that would ensure the freedom of their fellow
citizens. They concluded that the Judicial Branch, the unelected
branch, should not inject itself into purely “political disputes,”
and that it should not entangle itself in hypothetical debates
which had not ripened to an actual legal dispute.

This had to be said.

[BlooInBloo]

40. Even better that he's a gw bush appointee. Bio sketch:

"January, 2009
JUDGE CLAY D. LAND
Biographical Sketch
Judge Land was appointed U.S. District Court Judge for the
Middle District of Georgia by President George W. Bush and sworn in
on December 28, 2001. He is stationed in Columbus, Georgia where
he is primarily responsible for the Columbus Division. In addition
to the Columbus Division, Judge Land shares responsibility for the
Athens Division, home of the University of Georgia. He has also
presided over Multi-District Litigation (MDL) proceedings and has
sat by designation with the U.S. Court of Appeals for the 11th
Circuit. In addition to his traditional judicial duties, Judge
Land has been actively involved in various administrative
activities in support of the judicial branch, including his
service on the Eleventh Circuit Pattern Jury Instructions
Committee.
Prior to his appointment, Judge Land practiced law with the
Columbus, Georgia law firm of Buchanan & Land, L.L.P. from 1992
through 2001. He was a founder and partner in that firm which
specialized in civil litigation. Judge Land began practicing law
in 1985 with the Columbus law firm of Hatcher, Stubbs, Land, Hollis
& Rothschild where he became a partner and remained until 1992.
Judge Land served three terms in the Georgia General Assembly
as a member of the State Senate from 1995 through 2000. He also
served as a member of the Columbus City Council from 1993 through
1994.
Judge Land graduated cum laude from the University of Georgia
School of Law in 1985 where he served on the Georgia Law Review and
was inducted into the Order of the Coif. He received his
undergraduate B.B.A. degree in accounting magna cum laude from the
University of Georgia in 1982 and has served on"

http://www.gamd.uscourts.gov/divisions/columbus.htm

[Adelante]

41. Interesting

I guess he knows from politics:

Judge Land served three terms in the Georgia General Assembly
as a member of the State Senate from 1995 through 2000. He also
served as a member of the Columbus City Council from 1993 through
1994.

I kind of love his name: JUDGE CLAY D. LAND :D

[jberryhill]

43. I copied it from the .pdf in Pacer, and posted it to Politijab...

...which is why I didn't include the link there.

[Adelante]

44. Do you still have the .pdf link?

How do you copy from a .pdf? I never know how to do that.

[BlooInBloo]

45. Here you go...

It's similar in newer versions of Acrobat Reader.

[Adelante]

46. Thanks, Bloo

I'll make a point of downloading the latest Acrobat Reader. I've been reading a lot of .pdf's lately.

[jberryhill]

47. Pacer/ECF is paid access /nt

[Adelante]

48. Yeah, I finally figured that out last night nt

[Adelante]

50. Hey, I did it!

http://www.scribd.com/doc/17438806/Cook-v-Good-Obama-DOC-10-Dismissal-Order

[Arkana]

42. Hahahahaha.

The system works.

[No Passaran]

53. Let me be the first to post "birther" response to this