Because he's a reserve soldier who volunteered for an active duty tour he can "ask for a revocation of orders up until the day he is scheduled to report for active duty," a public affairs officer explained. Cook volunteered for the tour in May of this year. It is not clear why he did so, considering his current objections.
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Obama birth certificate deniers won a small victory in court on Monday. Meanwhile, one such conspiracy theorist refused to deploy to Afghanistan on the grounds that Barack Obama isn't a legitimate president.
A judge said he would listen to "the merits" of Alan Keyes' case challenging Obama's presidency. While a spokesman for the U.S. Attorney's Office said the move was merely procedural, birth conspiracy proponents are encouraged:
Supporters of a case that disputes the legitimacy of Barack Obama's presidency claimed a small victory today when U.S. District Judge David O. Carter told them to fix their paperwork and that he would listen to "the merits" of their case. But others present for the hearing Monday at the federal courthouse in Santa Ana stressed that the case remains a long way from ever getting a full airing in court and may never get to that point. [...]
Perhaps because of that history, Orly Taitz, the lawyer who filed the current suit, was greatly cheered by Monday's hearing. "He's very determined to hear the case on the merits," Taitz said, referring to the judge. "He stated, the country needs to know if Mr. Obama is legitimate, if he can legitimately stay in the White House."
Orly Taitz, the lawyer in Keyes' case, is also representing a soldier who refuses to acknowledge Obama as his president. U.S. Army Maj. Stefan Frederick Cook has argued that he shouldn't have to go to Afghanistan because the man sending him there isn't really president.
In the 20-page document -- filed July 8 with the U.S. District Court for the Middle District of Georgia -- the California-based Taitz asks the court to consider granting his client's request based upon Cook's belief that Obama is not a natural-born citizen of the United States and is therefore ineligible to serve as commander-in-chief of the U.S. Armed Forces.
Cook further states he "would be acting in violation of international law by engaging in military actions outside the United States under this President's command. ... simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties."
A hearing to discuss Cook's requests will take place in federal court this week.