A motion filed Friday by the government in the case of Capt. Connie Rhodes, who seeks to avoid deployment by challenging the legitimacy of President Barack Obama, asked a federal judge to dismiss the complaint.
Rhodes, who filed her complaint Sept. 4 in the Columbus Division of U.S. District Court, is represented by attorney Orly Taitz — a national figure in the “birther” movement. Both are expected to appear at a noon hearing Monday before Judge Clay Land, who postponed a hearing on the complaint Friday because he said he wanted to hear from Rhodes, who wasn’t present.
In her complaint, Rhodes argues that some facts point to Obama not being naturalized or possibly an illegal immigrant.
“This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president,” Rhodes’ complaint states. “This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.”
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The government’s motion, filed by Maj. Rebecca Ausprung, with the Army’s Litigation Division in Washington, argues that the case should be tossed out because Rhodes already tried to get a temporary restraining order in a Texas court challenging her deployment. That court ruled Rhodes had no chance of success and denied the application, meaning that the captain can’t try again in Columbus, Ausprung states.
In addition, Ausprung states that Rhodes hasn’t shown that she’d suffer irreparable harm from being deployed.
“Finally, the public interest does not lie with excusing Captain Rhodes from her obligation to comply with her orders,” the motion states.
Rhodes’ complaint is similar to the July 8 suit filed by Maj. Stefan Frederick Cook, who sought conscientious objector status and a temporary injunction. Taitz represents both.
Land tossed out Cook’s case in July. The judge said the judicial branch shouldn’t inject itself into “political disputes” and shouldn’t get involved in hypothetical debates that haven’t yet become actual legal disputes.
Rhodes seeks to stop U.S. Defense Secretary Robert Gates, the commander of Fort Benning and others from giving any order to her or others until Obama’s legitimacy is established, the complaint states. She also seeks conscientious objector status based on her doubts of Obama’s constitutional qualifications.