Selene Posted July 21, 2009 Share Posted July 21, 2009 Fascinating case:The Major has already had his orders for deployment recalled or revoked.The TRO seems to have gotten before a very serious Judge out in California.http://www.scribd.com/doc/17381008/Application-for-Preliminary-Injunction-Cook-v-GoodThis is scribd and 38 pages long, but a hell of a read.Adam Link to comment Share on other sites More sharing options...
BaalChatzaf Posted July 21, 2009 Share Posted July 21, 2009 Fascinating case:The Major has already had his orders for deployment recalled or revoked.The TRO seems to have gotten before a very serious Judge out in California.http://www.scribd.co...ion-Cook-v-GoodThis is scribd and 38 pages long, but a hell of a read.AdamToo much legal mumbo jumbo. Could you please summarize this in 500 words or less?Thank you.Ba'al Chatzaf Link to comment Share on other sites More sharing options...
Selene Posted July 27, 2009 Author Share Posted July 27, 2009 The case has been dismissed because of a lack of standing. In other words, the injunctive relief demanded in the TRO [Temporary Restraining Order] was rendered moot by the military reversing his deployment orders.His suit was to restrain the government while it was determined whether his "officer's oath" [versus the enlisted man's oath] which states:"I do solemnly swear 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; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."Their contention is that the litigant was defending the Constitution by demanding proof that the order came through a "legitimate" chain of command.It was a nice wrinkle, but the military just cancelled his deployment.Oh well, this one had legs too, and I do not mean the weird looking female attorney Taitz.Adam Link to comment Share on other sites More sharing options...
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