A U.S. Army Reserve major from Florida scheduled to report for deployment to Afghanistan within days has had his military orders revoked after he argued that he should not be required to serve under a president who has not proven his legitimacy 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His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders.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 that “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.
He 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.
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.