Officers don’t take an oath of allegiance to the CINC. We owe no President “fealty” - “The fidelity owed by a vassal to his feudal lord.”
Hollister knew that.
The judges were not pretending Hollister wasn’t a retired officer (easily proven), but his claim of fealty. THAT was a stupid claim.
Col. Hollister spoke, in the second page of his complaint that I just took the time to read, that he had sworn an oath to “support and defend the Constitution of the United States ... and ... obey the orders of the President of the United States ... .”
It was the judge who introduced the word “fealty,” and its purported relationship to a CinC, into this case, not Col. Hollister. So, you would have to concede, would you not, that the ‘stupid claim’ to which you refer was made by Judge Robertson, not by Col. Hollister?
Perhaps the stupidity to which you refer thus equals bias, as it is otherwise noted in the posted brief that the judge himself served as a naval officer. Judge Robertson himself should have known better, as clearly Col. Hollister does, and as Col. Hollister so stated in his complaint.
The complaint raises the question: under the Constitution of the United States, is the defendant Soetoro/Obama eligible to serve as President of the United States/Commander in Chief. And, if he is not eligible, what is the obligation of those who have sworn to uphold the Constitution of the United states to obey any order he might give?