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COLONEL WANDA L. GOOD, § Civil Action:______________
COLONEL THOMAS D. MACDONALD, §
DR. ROBERT M. GATES, UNITED §
STATES SECRETARY OF DEFENSE, § Rule 65(b) Application for
BARACK HUSSEIN OBAMA, de facto § Temporary Restraining Order
PRESIDENT of the UNITED STATES, §
Defendants. §
APPLICATION FOR TEMPORARY RESTRAINING ORDER
Plaintiff Major Stefan Frederick Cook has received from the Defendants in this cause what appear to be facially valid orders mobilizing him to active duty with the United States Army in Afghanistan on July 15, 2009 (Exhibit A).
AN OFFICER’S DUTY TO OBEY LAWFUL ORDERS:
This Plaintiff, at the time of his original induction, took the United States military oath, which reads:
“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”
Title 10, Subtitle A, Part II of the United States Code contains the Uniform Code of Military Justice (UCMJ). 10 U.S.C. §890 (ART.90), makes it an offence subject to court-martial if any military personnel “willfully disobeys a lawful command of his superior commissioned officer,” 10 U.S.C. §891 (ART.91) “lawful order of a warrant officer”, and most importantly, 10 U.S.C. §892 (ART.92) provides court-martial for any officer who
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
In each case, 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.
Unfortunately the Uniform Code of Military Justice does not provide a means for ascertaining the legality of orders, and accordingly, this Plaintiff is left with no choice but recourse to the ordinary civil courts of the United States to seek a determination of what he considers to be 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.
major cook is a disgrace to the uniform he doesn't deserve to his rank . Cook is a embarrassment to all the men and women that served their country with bravery . He is a red neck sack of shet and i hope the ,military court marshal him to the fullest of the law .
COLONEL THOMAS D. MACDONALD, §
DR. ROBERT M. GATES, UNITED §
STATES SECRETARY OF DEFENSE, § Rule 65(b) Application for
BARACK HUSSEIN OBAMA, de facto § Temporary Restraining Order
PRESIDENT of the UNITED STATES, §
Defendants. §
APPLICATION FOR TEMPORARY RESTRAINING ORDER
Plaintiff Major Stefan Frederick Cook has received from the Defendants in this cause what appear to be facially valid orders mobilizing him to active duty with the United States Army in Afghanistan on July 15, 2009 (Exhibit A).
AN OFFICER’S DUTY TO OBEY LAWFUL ORDERS:
This Plaintiff, at the time of his original induction, took the United States military oath, which reads:
“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”
Title 10, Subtitle A, Part II of the United States Code contains the Uniform Code of Military Justice (UCMJ). 10 U.S.C. §890 (ART.90), makes it an offence subject to court-martial if any military personnel “willfully disobeys a lawful command of his superior commissioned officer,” 10 U.S.C. §891 (ART.91) “lawful order of a warrant officer”, and most importantly, 10 U.S.C. §892 (ART.92) provides court-martial for any officer who
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
In each case, 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.
Unfortunately the Uniform Code of Military Justice does not provide a means for ascertaining the legality of orders, and accordingly, this Plaintiff is left with no choice but recourse to the ordinary civil courts of the United States to seek a determination of what he considers to be 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.
major cook is a disgrace to the uniform he doesn't deserve to his rank . Cook is a embarrassment to all the men and women that served their country with bravery . He is a red neck sack of shet and i hope the ,military court marshal him to the fullest of the law .