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Major Cook - Majorly Rejected
http://www.ledger-enquirer.com/292/story/779031.html ^

Posted on 07/16/2009 9:59:09 AM PDT by Fizziks

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To: Buckeye McFrog
"they are now in a Catch 22 as everyone who does not wish to go to Afghanistan is going to file similar actions"

I don't think that would be wise. The Army dispatched this case in the manner they did because the plaintiff was a non-ob officer who, while serving in the IRR, volunteered to be augmented to active duty to support an active-duty unit that was scheduled for deployment. Essentially, he volunteered for active duty so that he could file this TRO application - at least that's the way the Army viewed.

If another soldier, an active-duty enlisted man or an obligated officer, were to file a similar lawsuit, the Army would have no choice but to litigate it. It would get ugly and I really wouldn't foresee a favorable outcome for the plaintiff.

41 posted on 07/16/2009 10:41:52 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: mrmeangenes

“Instead, there was an empty,needless lawsuit, filed by parties who have shown a strong inclination to pull down the US government.”

I do not believe that anyone is interested in pulling down the US government; pulling down Obama, yes, but he is not the government. Based on your statement, if you equate Obama=US government, then I have got to question as to what your intent is here in this forum. You are new here to this site and you sound like a plant from moveon.org or DU. Where is the viking kitty when you need it.


42 posted on 07/16/2009 10:41:55 AM PDT by dirtymac (Now is the time for all good men to come to the aid of their country. Calling all Son's of Liberty)
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To: FreeManWhoCan

What has happened to those cases?


43 posted on 07/16/2009 10:43:37 AM PDT by lady lawyer
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To: mrmeangenes

This is very interesting. Where do you get your info?


44 posted on 07/16/2009 10:45:52 AM PDT by lady lawyer
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To: Fizziks

The case with Major Cook is far from over. Only this particular filing was dismissed. Similar cases, after a period of time, have ruled with the plaintiff (i.e. Major Cook).


45 posted on 07/16/2009 10:48:39 AM PDT by real_patriotic_american
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To: r9etb
Look at it from the perspective of a commander in a combat theater. Distractions from the mission can have life-and-death implications. The Army almost certainly figured that a guy who would play politics with his deployment orders wasn't the kind of guy who should be commanding soldiers in Afghanistan.

Then what would normally happen is the officer or enlisted service member would face the consquences of the UCMJ, perhaps a court martial for failure to obey a lawful order or deriliction of duty. The military never responds to a refusal to deploy by rescinding the orders, then saying "carry on."

Ever been in the military? The rescinding of Maj. Cook's orders is highly unusual. In fact, I'd venture to guess that it's unprecedented - which tells that something else has to be going on.

Also, those who rescinded the order in a case like this, - involving the CoC (sic) himself - didn't simply act on their own accord without being pushed or at least having the most careful consultation at the very highest level. Army brass exists in perpetual CYA mode, so rescinding the orders in a case like this either came from the very top or at least had the appropriate "blessings."

46 posted on 07/16/2009 10:49:17 AM PDT by AAABEST (And the light shineth in darkness: and the darkness did not comprehend it)
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To: Fizziks

Shannon Szwarc sszwarc@ledger-enquirer.com Maj. Stefan Frederick Cook speaks to the press along side his attorney, Orly Taitz, after his case was dismissed by a federal court judge in

47 posted on 07/16/2009 10:50:34 AM PDT by Dubya-M-DeesWent2SyriaStupid!
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To: dannyboy72a; MinuteGal; Brytani; Matchett-PI; IsthmusGalKathie; katiekins1; KeepingFaith; ...
You are correct. Judge Carter who will hear Orly's case in California is a Marine.

Sooner or later all the truth will be known. These questions WILL be answered, and this issue will NOT GO AWAY until the truth is known!

48 posted on 07/16/2009 10:50:41 AM PDT by seekthetruth ("See You In DC From 9/11 - 9/13 At Our National Freeper Tea Party Convention!")
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To: dirtymac

Mac, you need to look around a bit.

FYI, I’m hardly new here-unless 9 years is considered “new”.

There was another little “side effect” of Orly’s “glorious victory” : Because of the last-minute removal of Major Cook-a volunteer- his billet will probably have to be filled by compelling some non-volunteer to take his place.

Want to pull down Obama ? Find a good strong candidate to run against him in 2012.


49 posted on 07/16/2009 10:52:08 AM PDT by mrmeangenes
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To: mrmeangenes
He requested clarification of the President's standing
to ensure that he was following a lawful order.

There are elements of a "show trial" present here. That's for sure.
But, technically speaking, Maj. Cook was not seeking recession of that order. He was seeking to confirm its validity.
Whether or not the whole deal with his volunteering for call-up was a set-up is really quite beside the point.

Lawyer Taitz, who is getting lots of OJT, has a good solid base hit here. Her goal is to get a court ... any court ... to be in a position to ask Obama for his documentation. Her motives? Perhaps not as pure as you (or I) might like. But remember your Dickens

The Law Is an Ass.

But it is our law. And i f Obama was not constitutionally eligible to run for President, I certainly would like to know. Wouldn't you?

50 posted on 07/16/2009 10:56:02 AM PDT by Kenny Bunk (Congratulations Obama Voters! You are not prejudiced. Just unpatriotic. And dumb.)
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To: Will we know the moment

Exactly! This guy is not the shirker some are making him out to be. This whole series of events just further soldifies the fact that Obama is hiding something because the military is not in the habit of handling things this way.


51 posted on 07/16/2009 10:56:49 AM PDT by mkcc30 (Their lying tongues will become their nooses.)
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To: Titus Quinctius Cincinnatus

What about the capable of repetition yet evading review standard the Court used to take up Roe v. Wade and get around the “moot”/”ripe” issue? I would think it would apply here as well.


52 posted on 07/16/2009 10:57:10 AM PDT by IMissPresidentReagan (I AM JIM THOMPSON! - Huckaboob = Joy Behar's Favorite Republican - 'Nuff said.)
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To: lady lawyer

If the relief he sought was simply to get out of going to Afghanistan, this was a majorly self-destructive way to do it. He may have gotten out of the Afghanistan rotation, but BHO is still his Commander-in-chief, unless they also booted him out of the Reserves. The original point was, “Is BHO a legitimate Commander-in-chief,” and this soldier was using his standing, as being under that chain-of-command, to ask the question. How could the Court now declare the case moot?


53 posted on 07/16/2009 10:59:31 AM PDT by RhoTheta (Wipe out capitalism, no more money. You following me camera guy?)
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To: mrmeangenes
The Army decided his lawsuit was a de-facto request to be relieved of the voluntary call up, and promptly released him.

This could be THE reason the Army rescinded the deployment order. OTOH, put yourself in the place of the Army -- you don't know for sure IF the CinC is constitutionally eligible to serve. Canceling the Major's order is a way to 'punt' on the issue, hoping some other institution walks point on the issue of Obama.

54 posted on 07/16/2009 11:02:05 AM PDT by Tallguy ("The sh- t's chess, it ain't checkers!" -- Alonzo (Denzel Washington) in "Training Day")
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To: OldDeckHand

Pardon me; but didn’t the Obama guys just set this military man up?


55 posted on 07/16/2009 11:04:00 AM PDT by freekitty (Give me back my conservative vote.)
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To: Kenny Bunk

Of course - even though singling out 1 president in 44 might look a bit fishy !

Technically, you are right - even though he resorted to unneccessary litigation.

From what I’ve seen (so far)the Army did Orly a favor by mooting the case.Had it proceeded on its merits, she would have been lucky to escape disbarment proceedings.


56 posted on 07/16/2009 11:04:05 AM PDT by mrmeangenes
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To: IMissPresidentReagan
"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. "
57 posted on 07/16/2009 11:04:30 AM PDT by Dubya-M-DeesWent2SyriaStupid!
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To: kellynla; MHGinTN; dannyboy72a; SeaHawkFan
>wrong case, wrong court, wrong state and wrong judge

Sorry, everyone!
Drinking Red Bull for breakfast
makes me type dumb stuff!

58 posted on 07/16/2009 11:05:59 AM PDT by theFIRMbss
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To: real_patriotic_american
Similar cases, after a period of time, have ruled with the plaintiff (i.e. Major Cook).

For example?

59 posted on 07/16/2009 11:07:43 AM PDT by Non-Sequitur
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To: theFIRMbss
Apology accepted.
60 posted on 07/16/2009 11:07:56 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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