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Friday, Jul. 17, 2009

Federal judge dismisses lawsuit questioning Obama's natural born citizen status

Columbus judge says suit ‘moot’ because of previous Army decision

- lgordon@ledger-enquirer.com
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Lt. Col. Maria Quon, a public affairs officer with the U.S. Army Human Resources Command-St. Louis, said Thursday that Cook could have requested revocation of his orders up until the day he was due to report for active duty. He did not make such a request, she said.

The government argued in court that Cook was using the issue of his deployment to address the constitutional and political issue of whether Obama is qualified to serve as president.

Land agreed, saying that Cook’s claim failed to meet the criteria for seeking federal jurisdiction.

According to Land’s order, Cook had not “experienced an ‘injury in fact’ that is concrete and particularized” because his orders have been revoked, he hasn’t received future orders and there’s no evidence that he is subject to future deployment.

“This Court has a duty to follow the United States Constitution,” Land wrote. “That Constitution limits jurisdiction to actual cases and controversies. To extend jurisdiction beyond its limits would be a violation of that very Constitution upon which Plaintiff relies in support of his claims. This the Court refuses to do.

“This entire action is dismissed for lack of subject matter jurisdiction,” Land continued in his order. “The parties shall bear their own costs.”

As to the retaliation issue, the revised suit states Cook lost his job at Simtech Inc. — a corporation based in Florida that does Department of Defense contracting in the field of information technology and systems integration — because of the suit. It also states that Cook has been subjected to “gossip” from people who believed Cook was “manipulating his deployment orders to create a platform for political purposes.”

Land said in court he was not going to decide on the issue of Cook’s dismissal from his job.

“There’s an appropriate forum in a court where there is jurisdiction over those parties,” Land said.

Following the hearing, Taitz said she would be filing a suit in a Florida court, asking for an injunction and damages. She also told the media gathered outside the courthouse that she was disappointed with Land’s ruling.

“It makes absolutely no sense, it’s totally illogical,” Taitz said. “It defies common sense. It defies any sense of decency. …

“We’re not a banana republic where el presidente decides. We are a nation of law and order,” she added. “We’re a nation of Constitution of the United States of America and the orders have to be lawful.”

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