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Reservist questioning Obama's citizenship wants judge recused
Tampa Bay Online ^ | August 7, 2009 | Elaine Silvestrini

Posted on 08/08/2009 6:03:59 PM PDT by real_patriotic_american

TAMPA - A Lutz Army reservist who is challenging the citizenship of President Barack Obama is now attacking the federal judge who denied his legal claims.

Stefan Frederick Cook and his California attorney, Orly Taitz, have filed motions in U.S. District Court asking that Judge Richard A. Lazzara be removed from his case and seeking a rehearing on complaints Lazzara dismissed. But the judge immediately denied the most recent motions.

Lazzara last month threw out Cook's lawsuit and a petition for a restraining order in which Cook asked to be reinstated to his civilian job working for a military contractor. Cook claimed his employer, Simtech, fired him under pressure from the Defense Department after he went to federal court in Georgia challenging his deployment to Afghanistan.

Cook questioned his deployment orders on the grounds Obama was not born in the United States and is not legally commander in chief.

Such claims about Obama's birth have been widely debunked, including at Factcheck.org, but they have taken hold among a segment of the population who are referred to as "birthers." Taitz is one of the leading purveyors of the claim that Obama's presidency is illegitimate. The governor of Hawaii and other Hawaii officials have stated Obama was born in that state, and newspapers in Honolulu have printed his birth announcements.

Cook and his lawyer are not only challenging his orders, but say every military order issued under the Obama administration should be reviewed by the courts to determine whether Obama is the lawful commander in chief.

The new motions in the Cook case assert Lazzara is "pervasively biased" and may have been influenced by the White House or Defense Department when he denied Cook's efforts to get his job back..

"Whether Judge Lazzara acted prejudicially upon orders or coercion from other branches of government or if Judge Lazzara was acting solely or exclusively out of blind personal prejudice against the questions raised by plaintiff's application and complaint, Judge Lazzara is disqualified to serve as judge and must either recuse himself or be recused," one of the motions states. The motions even criticize Lazzara's grammar.

Lazzara dismissed the motions without even issuing written orders. Instead, there are entries on the court's docket stating the motions are "frivolous and wholly without merit."

The Army has issued a statement saying Cook could have easily avoided his deployment without going to court. Because Cook was a reservist who volunteered for deployment, he could have requested that his orders be revoked at any time until he entered active duty.

"I am neither a pacifist nor a coward," Cook says in an affidavit filed with the court. "My conscientious and moral objections rest entirely on my constitutional duty to doubt and question the legitimacy of the de facto commander-in-chief, who appears to be hiding behind his presidential power merely to avoid confirming his honesty or admitting his dishonest."

Cook also says in his affidavit that the "de facto" president appears to have "chosen to manipulate the Army in such a way and manner as to divert attention from the question, to evade judicial review of the Department of Defense chain-of-command, and to render all United States soldiers as servants or slaves of a totalitarian dictatorship."


TOPICS: Conspiracy; History; Military/Veterans; Society
KEYWORDS: article2section1; barackobama; bho44; birthcertificate; birthers; certifigate; colb; naturalborn; obamanoncitizenissue; orlytaitz; stefancook; taitz
When will we see Obama's original long form birth certificate?
1 posted on 08/08/2009 6:03:59 PM PDT by real_patriotic_american
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To: circumbendibus; Republic; Gator113; taxtruth

PING!


2 posted on 08/08/2009 6:10:13 PM PDT by real_patriotic_american
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To: real_patriotic_american
Whatta laugh. The journalism majors quote Factcheck.org like it's some sort of ultimate authority.

Guess that's why they ended up doing what they do...

3 posted on 08/08/2009 6:10:26 PM PDT by Regulator (Welcome to Zimbabwe! Now hand over your property)
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To: Regulator

Hawaii never released Obama’s COLB. So where did the MSM get one? Forgery or a lie!


4 posted on 08/08/2009 6:12:57 PM PDT by real_patriotic_american
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To: F15Eagle

PING!

Another case being handled by Orly Taitz.


5 posted on 08/08/2009 6:17:20 PM PDT by real_patriotic_american
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To: Regulator

“Whatta laugh. The journalism majors quote Factcheck.org like it’s some sort of ultimate authority.”

I also got a laugh out of that.
Factcheck is the equivalent of the old Soviet Pravda.
The new Pravda, online, is pretty neat:

http://english.pravda.ru/opinion/columnists/107459-0/

Interesting article on the new USSA under Obozo the Marxist.


6 posted on 08/08/2009 6:27:59 PM PDT by AlexW (Now in the Philippines . Happy not to be back in the USA for now.)
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To: real_patriotic_american
Another case being handled by Orly Taitz.

We must have faith on Orly being that she is one of the greatest attorneys in the USA!

7 posted on 08/08/2009 6:34:57 PM PDT by Uncle Slayton (Texan Pride)
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To: Uncle Slayton

Yes, Orly is one of the premier attorneys in the U.S. She can also handle cases in the U.S. Supreme Court. I’m really watching her case Barnett/Keyes vs. Obama at the U.S. District Court in Santa Ana, CA.

You wrote-
“We must have faith on Orly being that she is one of the greatest attorneys in the USA!”


8 posted on 08/08/2009 6:39:23 PM PDT by real_patriotic_american
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To: real_patriotic_american

I want the judge recused and Obama excused!!


9 posted on 08/08/2009 6:52:08 PM PDT by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: missnry

You and me both!

You wrote-
“I want the judge recused and Obama excused!!”


10 posted on 08/08/2009 6:56:25 PM PDT by real_patriotic_american
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To: real_patriotic_american

Anyone ever consider filing suit against those responsible for allowing 0bama’s name on the ballot without verifying eligibility?

Force the question of whether or not a short form COLB would be sufficient to prove natural born status.

That would shut up most of these ‘journalists’


11 posted on 08/08/2009 7:44:29 PM PDT by sten
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To: real_patriotic_american
A Lutz Army reservist who is challenging the citizenship of President Barack Obama

I'm sure Major Cook and Orly Taitz are doing no such thing. They are disputing that he is a "natural born" citizen, which is not the same thing. But rather than educate/illuminate, which is supposed to be the function of the "press", they obfuscate, probably deliberately.

12 posted on 08/08/2009 7:53:15 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: AlexW

After reading that column I wonder if we should really be getting our news from pravda


13 posted on 08/08/2009 7:59:30 PM PDT by ronnietherocket2
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To: real_patriotic_american

Good post! Thanks.


14 posted on 08/08/2009 8:37:58 PM PDT by circumbendibus (Where's the Birth Certificate?)
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To: real_patriotic_american

“FREE THE LONG FORM!”


15 posted on 08/08/2009 10:02:17 PM PDT by Dryman (Now, Back to Lurking)
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To: sten

Howard Dean! Nancy Pelosi! Also, Hawaii never rerleased even Obama’s COLB. Where did the news libs and Obama campaign get one?

You wrote-
“Anyone ever consider filing suit against those responsible for allowing 0bama’s name on the ballot without verifying eligibility?

Force the question of whether or not a short form COLB would be sufficient to prove natural born status.

That would shut up most of these ‘journalists’”


16 posted on 08/09/2009 4:32:39 AM PDT by real_patriotic_american
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To: Dryman

Right on! The authorities cannot ignore this forever.

You wrote-
““FREE THE LONG FORM!””


17 posted on 08/09/2009 4:34:50 AM PDT by real_patriotic_american
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To: real_patriotic_american
Stefan Frederick Cook and his California attorney, Orly Taitz, have filed motions in U.S. District Court asking that Judge Richard A. Lazzara be removed from his case and seeking a rehearing on complaints Lazzara dismissed.

If Taitz tries to get every judge who dismisses her cases recused then she's going to run out of jurists.

18 posted on 08/09/2009 4:41:11 AM PDT by Non-Sequitur
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To: Non-Sequitur

Sad/funny but true.


19 posted on 08/09/2009 5:14:06 AM PDT by Nokia
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To: Nokia

Perhaps Sotomayor should be approached. Lets see if she is a stooge as well....LOL


20 posted on 08/09/2009 12:09:54 PM PDT by etraveler13
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Comment #21 Removed by Moderator

To: F15Eagle

By Obama not releasing his original long form birth certificate, he has answered the question for us. He can counter by simply releasing it. When someone hides something, they have something to hide.

If you have not already seen this, 0bama’s Noelani Elementary School Kindergarten records are oddly missing from the State of Hawaii Department of Education.

This is an important feature because K-records for original school entry would have contained the following:

1. His REAL Birth Certificate.

2. An application with the following:

—1. His Legal name.
—2. Parents or Legal Guardians’ names.
—3. Date of Birth
—4. Place of Birth
—5. Vaccination Records (revealing a timeline to the place and DOB.)

It also is important for two reasons:

A. The Dept. of Education does not “lose” the records of one particular student. (Who paid whom what sum to make this record disappear?)

B. There would have been NO shameful low-test scores, NO embarrassing Equal Opportunity advancements, and NO trails of fraudulent funding to hide which could possibly ‘excuse’ the quashing of public school Kindergarten entry records.

For the rest of his life he attended very expensive private schools and has had his records legally sealed to deny the public, his true life story.

This is different. Hawaii should be able to verify he attended their school since he is featured in class photographs. State and federal tax dollars paid for his initial year of education. Why is there no documentation?

Why is this portion of Obama’s life intentionally erased? Is this fraudulent? Officials within the State of Hawaii’s Dept. of Health & Dept. of Education may soon have to answer questions in court.


22 posted on 08/09/2009 12:25:22 PM PDT by real_patriotic_american
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To: Non-Sequitur; real_patriotic_american

Stefan Frederick Cook and his California attorney, Orly Taitz, have filed motions in U.S. District Court asking that Judge Richard A. Lazzara be removed from his case and seeking a rehearing on complaints Lazzara dismissed.


Judge Lazzara has denied both motions as “frivolous and wholly without merit.” I think he did it on the same day that the motions were filed.


23 posted on 08/09/2009 2:22:30 PM PDT by Sibre Fan
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To: real_patriotic_american

Once Obama is ousted for his not being an NBC and John McCain does not qualify for the office since he is not an NBC and Gov. Palin becomes president, Ihope the she appoints Orly to the USSC to replace Sotomayor.


24 posted on 08/09/2009 3:17:53 PM PDT by Uncle Slayton (Texan Pride)
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To: Uncle Slayton

McCain is a natural born citizen since his father was out of the country serving in the military when he was born. That’s an old one.


25 posted on 08/09/2009 3:25:15 PM PDT by real_patriotic_american
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To: real_patriotic_american

No, one must be born on American soil to be a natural born citizen.


26 posted on 08/09/2009 4:03:32 PM PDT by Uncle Slayton (Texan Pride)
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To: Sibre Fan
Judge Lazzara has denied both motions as “frivolous and wholly without merit.” I think he did it on the same day that the motions were filed.

How much time should he have allowed before finding the suits frivolous and wholly without merit?

27 posted on 08/09/2009 5:03:48 PM PDT by Non-Sequitur
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To: Non-Sequitur

Judge Lazzara has denied both motions as “frivolous and wholly without merit.” I think he did it on the same day that the motions were filed.

How much time should he have allowed before finding the suits frivolous and wholly without merit?


Only the time necessary to read them and determine that they were frivolous and without merit. In my opinion, that shouldn’t have taken very long. The pleadings complained that the judge took “only” four days to rule on their TRO. ?!?!?! Now, I’ve heard of litigants complaining that the judge took too long to rule on their TRO, but I have never ever heard of a litigant complaining that the judge ruled on their TRO too quickly or that ruling on their TRO too quickly clearly showed bias.


28 posted on 08/09/2009 5:31:39 PM PDT by Sibre Fan
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