By Chelsea Schilling and Joe Kovacs
© 2009 WorldNetDaily
Dr. Orly Taitz |
A U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after arguing he should not be required to serve under a president who has not proven his eligibility for office.
His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders.
"We won! We won before we even arrived," she said with excitement. "It means that the military has nothing to show for Obama. It means that the military has directly responded by saying Obama is illegitimate – and they cannot fight it. Therefore, they are revoking the order!"
She continued, "They just said, 'Order revoked.' No explanation. No reasons – just revoked."
A hearing on the questions raised by Maj. Stefan Frederick Cook, an engineer who told WND he wants to serve his country in Afghanistan, was scheduled for July 16 at 9:30 a.m.
"As an officer in the armed forces of the United States, it is [my] duty to gain clarification on any order we may believe illegal. With that said, if President Obama is found not to be a 'natural-born citizen,' he is not eligible to be commander-in-chief," he told WND only hours after the case was filed.
"[Then] any order coming out of the presidency or his chain of command is illegal. Should I deploy, I would essentially be following an illegal [order]. If I happened to be captured by the enemy in a foreign land, I would not be privy to the Geneva Convention protections," he said.
The order for the hearing in the federal court for the Middle District of Georgia from U.S. District Judge Clay D. Land said the hearing on the request for a temporary restraining order would be held Thursday.
Cook said without a legitimate president as commander-in-chief, members of the U.S. military in overseas actions could be determined to be "war criminals and subject to prosecution."
He said the vast array of information about Obama that is not available to the public confirms to him "something is amiss."
"That and the fact the individual who is occupying the White House has not been entirely truthful with anybody," he said. "Every time anyone has made an inquiry, it has been either cast aside, it has been maligned, it has been laughed at or just dismissed summarily without further investigation.
"You know what. It would be so simple to solve. Just produce the long-form document, certificate of live birth," he said.
Cook said he was scheduled to report for duty tomorrow, on July 15, to deploy to Afghanistan as part of President Obama's plan to increase pressure of insurgent forces there.
He told WND he would be prepared for a backlash against him as a military officer, since members of the military swear to uphold and follow their orders. However, he noted that following an illegal order would be just as bad as failing to follow a legal order.
Before news of the orders being revoked were reported, MSNBC anchor Keith Olbermann tonight called Cook a "jackass" and Taitz a "conwoman," as he labeled both of them the "worst persons in the world." He flayed the soldier as "an embarrassment to all those who have served without cowardice."
Named as defendants in the case are Col. Wanda Good, Col. Thomas Macdonald, Secretary of Defense Robert Gates and Obama, described as "de facto president of the United States."
According to the court filing, Cook affirmed when he joined the military, he took the following oath: "I, Stefan Frederick Cook, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice. So help me God."
According to the claim, "Plaintiff submits that it is implicit though not expressly stated that an officer is and should be subject to court-martial, because he will be derelict in the performance of his duties, if he does not inquire as to the lawfulness, the legality, the legitimacy of the orders which he has received, whether those orders are specific or general."
The military courts offer no option for raising the question, so he turned to civilian courts to consider "a question of paramount constitutional and legal importance: the validity of the chain of command under a president whose election, eligibility, and constitutional status appear open to serious question."
"Barack Hussein Obama, in order to prove his constitutional eligibility to serve as president, basically needs only produce a single unique historical document for the Plaintiff’s inspection and authentication: namely, the 'long-form' birth certificate which will confirm whether Barack Hussein Obama was in fact born to parents who were both citizens of the United States in Honolulu, Hawaii, in or about 1961," explains the complaint.
Taitz said she will attend the hearing to amend the temporary restraining order to an injunction because more members of the military have joined the cause.
"We are going to be asking for release of Obama's records because now this completely undermines the military. It revoked this order, but it can come up with another order tomorrow. It can come up with orders for other people," she said. "Am I going to be flying around the country 1,000 times and paying the fees every time they issue an order?"
Taitz said the issue "must be resolved immediately," and she will continue working to ensure Obama proves he is eligible for office.
"We're going to be asking the judge to issue an order for Obama to provide his vital records to show he is legitimately president," she said. "We're going to say, we have orders every day, and we'll have revocations every day. This issue has to be decided."
She said there cannot be any harm to the president if he is legitimately holding office.
"If he is legitimate, then his vital records will prove it," Taitz said. "If he is illegitimate, then he should not have been there in the first place."
Asked what this decision means for every other serviceman who objects to deployment under a president who has not proven he is eligible for office, Taitz responded:
"Now, we can have each and every member of the military – each and every enlistee and officer – file something similar saying 'I will not take orders until Obama is legitimately vetted.'"
Multiple questions have been raised about what that would mean to the 2008 election, to the orders and laws Obama has signed and other issues, including whether he then is a valid commander-in-chief of the military.
The mystery letter
Obama has maintained he was born in Hawaii, and at least one hospital, Honolulu's Kapi'olani Medical Center for Women and Children, claims it received a letter from the president declaring his birth there.
As WND reported, White House Press Secretary Robert Gibbs refused to confirm that the letter which was used by the hospital to solicit donations is, in fact, a real correspondence.
When WND exposed doubts about the authenticity of the letter because it was created with HTML computer code and had no presidential or White House seal, the hospital which for nearly six months proudly declared Obama was born at its facility commenced an active cover-up, hiding that White House letter from its original webpage and refusing to confirm such a letter actually exists.
WND also reported that just within the last week, at least two reports have cited Obama's birth in Kenya. Wikipedia also was found to have been reporting on Obama's birth in Kenya, before a series of scrubs placed his birth in Honolulu.
And that came on the heels of several online information sites changing the president's supposed birthplace from one hospital in Hawaii to another, after WND broke the news of the letter said to be from the White House.
The question over Obama's eligibility now also is being raised on billboards nationwide.
"Where's The Birth Certificate?" billboard in Pennsylvania |
The billboard campaign follows an ongoing petition campaign launched several months ago by WND Editor and Chief Executive Officer Joseph Farah.
The billboards are intended to raise public awareness of the fact that Obama has never released the standard "long-form" birth certificate that would show which hospital he was born in, the attending physician and establish that he truly was born in Hawaii, as his autobiography maintains.
WND has reported on dozens of legal challenges to Obama's status as a "natural born citizen." The Constitution, Article 2, Section 1, states, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some of the lawsuits question whether he was actually born in Hawaii, as he insists. If he was born out of the country, Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Complicating the situation is Obama's decision to spend sums estimated in the hundreds of thousands of dollars to avoid releasing a state birth certificate that would put to rest all of the questions.
The "Certification of Live Birth" posted online and widely touted as "Obama's birth certificate" does not in any way prove he was born in Hawaii, since the same "short-form" document is easily obtainable for children not born in Hawaii. The true "long-form" birth certificate – which includes information such as the name of the birth hospital and attending physician – is the only document that can prove Obama was born in Hawaii, but to date he has not permitted its release for public or press scrutiny.
Oddly, though congressional hearings were held to determine whether Sen. John McCain was constitutionally eligible to be president as a "natural born citizen," no controlling legal authority ever sought to verify Obama's claim to a Hawaiian birth.
Although Obama officials have told WND all such allegations are "garbage," here is a partial listing and status update for some of the cases over Obama's eligibility:
- New Jersey attorney Mario Apuzzo has filed a case on behalf of Charles Kerchner and others alleging Congress didn't properly ascertain that Obama is qualified to hold the office of president.
- Pennsylvania Democrat Philip Berg has three cases pending, including Berg vs. Obama in the 3rd U.S. Circuit Court of Appeals, a separate Berg vs. Obama case alleging he wasn't qualified even to be U.S. senator and Hollister vs. Soetoro a/k/a Obama, (now dismissed) brought on behalf of a retired military member who could be facing recall to active duty by Obama.
- Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
- Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
- Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
- Chicago lawyer Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
- Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
- In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
- Also in Ohio, there was the Greenberg v. Brunner case which ended when the judge threatened to assess all case costs against the plaintiff.
- In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
- In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
- California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters. She also has brought forward several other cases and has conducted several public campaigns to generate awareness of the issue.
- In Texas, Darrel Hunter vs. Obama later was dismissed.
- In Ohio, Gordon Stamper vs. U.S. later was dismissed.
- In Texas, Brockhausen vs. Andrade.
- In Washington, L. Charles Cohen vs. Obama.
- In Hawaii, Keyes vs. Lingle, dismissed.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:
- In Texas, Darrel Hunter vs. Obama later was dismissed.
- In Ohio, Gordon Stamper vs. U.S. later was dismissed.
- In Texas, Brockhausen vs. Andrade.
- In Washington, L. Charles Cohen vs. Obama.
WND has reported that among the documentation not yet available for Obama includes his kindergarten records, his Punahou school records, his Occidental College records, his Columbia University records, his Columbia thesis, his Harvard Law School records, his Harvard Law Review articles, his scholarly articles from the University of Chicago, his passport, his medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records, and his adoption records.
Note: Members of the news media wishing to interview Chelsea Schilling, Joe Kovacs, Joseph Farah, Jerome Corsi, Les Kinsolving or Bob Unruh on this issue, please contact WND.