A federal judge Thursday morning dismissed the suit filed here by a U.S. Army reservist who says he shouldn't have to go to Afghanistan because he believes Barack Obama was never eligible to be president.
Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook's suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook’s suit is “moot” in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.
"Federal court only has authority of actual cases and controversies," Land said. "The entire action is dismissed for lack of subject matter jurisdiction."
Cook arrived at the federal courthouse in uniform this morning for his hearing.
Outside the courthouse, before the hearing, Cook defended his controversial position and declared his devotion to the military.
“I love the Army and I want to continue to serve in the Army,” Cook said. “If we can establish that he is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan if they cut my deployment orders, so I can do the job that I want to do.”
Cook said following orders made by an illegitimate superior could ultimately lead to his prosecution, or worse.
“If one cannot establish the validity and legality of the order ... we would be following illegal orders and subject to prosecution,” he said. “I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.”
Other soldiers have been supportive of his position, Cook said.
“I’ve received quite a bit of popular support from officers in my grade and some officers a grade above and some officers a grade below,” he said. “Thus far, I’d say about 90 percent positive.”
Cook was accompanied by his attorney, Orly Taitz, who has challenged the legitimacy of Obama’s presidency in other courts. Two similar suits have previously been thrown out of federal court.