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Federal judge dismisses reservist's suit questioning Obama's presidency
Ledger-Enquirer ^ | Thursday, Jul. 16, 2009 | Lily Gordon

Posted on 07/16/2009 9:30:23 AM PDT by jaxon72

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."


TOPICS: News/Current Events
KEYWORDS: article2section1; birthcertificate; certifigate; citizenship; cook; eligibility; ineligible; lawsuit; military; naturalborn; naturalborncitizen; obama; obamafile; orly; orlytaitz; ruling; stefancook; stephancook; usurper
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To: Perdogg
However, think about the consequences to what you have said. What if President Jindal orders forces into Korea and a soldier who didn't him like sues over eligibility?

To start with there will never be a President Jindal, but supposing he was elected, he is eligible, there would be no eligibility problem with Jindal. Military personnel would have no standing to question his eligibility so your whole point is moot.

The place to settle the Bozo eligibility question is in the courts because Congress will never approach it. The dimwits don't care about the people, they only care about power, they want to be the next politburo and have total control over us. They hate the constitution and the people of this country who stand behind it.

61 posted on 07/16/2009 10:09:13 AM PDT by calex59 (I, me, myself, am actually Jim Thompson)
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To: Perdogg

All very nice, but I didn’t make one comment to you or about you here. I’m not so sure you’re wrong about anything you said here either. I still do not think people are wrong to think Obama probably is not a citizen of the United States. Every bit of evidence points to him not being one.


62 posted on 07/16/2009 10:09:35 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: SE Mom

“So...I guess that’s that?”

This lawsuit has made Obama look extremely guilty and thuggish. I would say that this lawsuit has accomplished alot and we need to stand behind this soldier with money and job offers if needed.

Dr. Orley needs to file a suit demanding to know if there was coercion from DOD and the WH on his boss at Simtex now.

This is not over. Dr. Orley still has the lawsuit in California as well.


63 posted on 07/16/2009 10:09:58 AM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: DoughtyOne

I agree.


64 posted on 07/16/2009 10:10:48 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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To: Perdogg

Thank you.


65 posted on 07/16/2009 10:12:23 AM PDT by DoughtyOne (_Resident of the United States and Kenya's favorite son, Baraaaack Hussein Obamaaaa...)
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To: jaxon72

I, too doubt Barry Soetero is a legitimate U.S. citizen. His paternal grandmother claims he was born in Kenya. His maternal grandmother died one day before the election on Nov. 3rd last year. I wonder how many secrets she took to the grave. BTW did not Barry give up his U.S. citzenship (if he ever had it to begin with) when he moved to Indonesia? And of course we all know BHO has yet to produce a legitimate COLB and he refuses to release any of his college transcripts which could shed some light on his citizenship status.

That all said, the framers of our Constitution made it virtually impossible to remove a sitting POTUS. ONLY the Congress as the power and authority to remove a president from office through the process of impeachment. Articles of impeachment must originate and pass by a majority vote in the House. Then the trial goes to the Senate and a minimum of 67 senators must vote to convict and remove the president otherwise he stays.

There is simply no way a Democrat controlled Congress would ever bring forth impeachment proceedings much less a congressional hearing on BHO’s citzenship status IMHO.

The ONLY way stop BHO’s ruinous agenda is to change control of the Congress in 2010. And even then impeachment would still be awfully difficult to pull off given the votes needed required to convict and remove in the Senate, but at least we could stop his ruinous and destructive policy agenda until the next presidential election in 2012.

Right now it makes no difference where BHO was born or what the true nature of his citizenship really is. Fact remains he was elected and he is POTUS and no Court will question this or his elegibility. His own Party in Congress as well as his enablers in the MSM will never challenge his legitimacy, citzenship, or status.

If you want to work on changing all of this, work on replacing his congressional accomplices and enablers in next year’s midterm elections. It’s the ONLY way I know of.


66 posted on 07/16/2009 10:13:03 AM PDT by Welcome2thejungle
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To: calex59

The founding fathers wanted us to handle disputes through constitutional means, not through the courts. Read Mark Levin’s books about the dangers of having a krytocracy.


67 posted on 07/16/2009 10:13:29 AM PDT by Perdogg (Sarah Palin-Jim DeMint 2012 - Liz Cheney for Sec of State - Duncan Hunter SecDef)
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To: Perdogg

I don’t think a court could constitutionally order the President to step down even if the court ruled Obama was inelligible. Congress would have to do that.

But if a court ruled Obama was inelligible, any congressman who voted to keep him in office would be guilty of treason, public pressure would be strong, and I think Congress would remove him.

The trick is finding a reason for the courts to examine the evidence, where the filer both has standing and the action requested is something the court has jurisdiction over.


68 posted on 07/16/2009 10:14:25 AM PDT by DannyTN
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To: Perdogg

MARK LEVIN for PRESIDENT!


69 posted on 07/16/2009 10:14:33 AM PDT by TribalPrincess2U (-0 retreats, Iraq explodes! NK fires missiles! Iran erupts! China erupts!)
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To: Perdogg

“What if President Jindal orders forces into Korea and a soldier who didn’t him like sues over eligibility?”

If Jindal is not eligilble to become president, he should not run. We don’t need the head-ache.


70 posted on 07/16/2009 10:14:52 AM PDT by penelopesire ("The only CHANGE you will get with the Democrats is the CHANGE left in your pocket")
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To: penelopesire

I truly hope and pray that Judge David O. Carter (a Marine) sees what has happened to Major Cook and decides to get to the bottom of this nightmare once and for. Let the chips fall where they may.


71 posted on 07/16/2009 10:16:22 AM PDT by Smokeyblue
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To: Welcome2thejungle

Why would he have had to give up his US citizenship when he moved to Indonesia as a child?


72 posted on 07/16/2009 10:18:36 AM PDT by jaxon72
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To: DoughtyOne

My take is that hillary has the goods on zer0 but is saving it for knocking him out in the 2012 primary and her second chance to run for POTUS, that way she rids herself of o’biden.


73 posted on 07/16/2009 10:19:53 AM PDT by Citizen Soldier (Socialism is the financial arm of Communism)
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To: jaxon72

I am unclear on this, there are so many fuzzy things about BHO’s early life. Did BHO as a child become an Indonesian citizen as he was adopted by his Indonesian step father?


74 posted on 07/16/2009 10:21:30 AM PDT by Welcome2thejungle
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To: Welcome2thejungle

Impeachment is for removing a “LEGAL” President. A USURPER should be arrested by the Secret Service or some other federal law enforcement agency.


75 posted on 07/16/2009 10:21:53 AM PDT by Smokeyblue
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To: Perdogg

And, pray tell — why are Hillary and McCain the ONLY folks authorized to bring up a CONSTITUTIONAL issue?

I would hate to think I must await leadership from either of those two feckless imbeciles — on ANY matter bearing on the survival of the Republic or our Constitution.


76 posted on 07/16/2009 10:23:32 AM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: xkaydet65

You’re exactly right, all the media would have been relating this to a constitutional crisis (Which it actually is) as big as Nixon’s watergate. Crickets churping...........


77 posted on 07/16/2009 10:23:41 AM PDT by Citizen Soldier (Socialism is the financial arm of Communism)
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To: Welcome2thejungle

I don’t think impeachment is proper for a non-president. If he’s actually ineligible to be president, he could be declared so by the Supreme Court, and voila! his every act and order would become null and void.


78 posted on 07/16/2009 10:24:53 AM PDT by perchprism
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To: jaxon72

What we need is a taxpayer class action suit over the legality of any tax increase that BO signs into law.


79 posted on 07/16/2009 10:26:05 AM PDT by Will we know the moment
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To: perchprism

The Supreme Court unfortunately will not touch it with a ten foot pole.


80 posted on 07/16/2009 10:26:30 AM PDT by Welcome2thejungle
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