Yoko Ono & John Lennon, 1969, photo by Frank Barratt
WAR IS OVER! If you want it
by Rod Ciferri
That’s right; the war is over due to the courageous act of one Major Stefan Frederick Cook, United States Army Reserve, who recently challenged an Army order to deploy to Afghanistan on the grounds that they could not lawfully order him to deploy.
Since the Army has only that authority given to it by the President, and, since Obama himself must possess the authority of President in order to delegate it to the Army, Major Cook believes Obama must prove he has such authority before he may lawfully comply with an Army order to deploy.
Now, you may have heard of the controversy surrounding de facto President Obama’s eligibility to run for President. It has been the basis for over a dozen lawsuits, all of which have been dismissed, mostly because the courts have found the suits to concern “political questions”, the usual cop-out they use when they have a case that poses a constitutional controversy they’d rather not deal with. Perhaps you have just dismissed the claims that Obama is not a “natural born citizen” outright since the various lawsuits have not made it to first base.
Due to the actions of Cook, however, it’s becoming obvious that Obama is hiding something.
What he is hiding may contain the key that unlocks the door to peace for as long “President” Obama remains in “office”. After Cook commenced his lawsuit, the U.S. Army revoked their order to deploy him. Moreover, as of this date, Cook has not been discharged from the Army.
Why has the U.S. Army revoked his order to deploy? Why have they not just commenced court martial proceedings to send him to Leavenworth, as is their habit when a soldier refuses deployment? The answer is the lawsuit.
The lawsuit would open up a can of worms in civilian court that would require looking into Obama’s eligibility for the office of U.S. President in order to resolve it.
Major Cook filed the suit with the U.S. District Court for the Middle District of Georgia. In the suit, he sought an injunction to stay the deployment order and declatory judgment stating he has conscientious objector status based on his belief that Obama is not a “natural born” citizen and is therefore ineligible to serve as president, such declatory judgment to be effective until such time that Obama’s eligibility is proven by clear and convincing evidence.
After the revocation of the order to deploy, Judge Clay Land sided with the defense, finding Cook’s suit “moot” in that he already has been told he doesn’t have to go to Afghanistan, eliminating his need for relief from the court. “Federal court only has authority of actual cases and controversies,” Judge Land said according to the Miami Herald. “The entire action is dismissed for lack of subject matter jurisdiction.”
Therefore, the U.S. government has signaled it would rather not take up the issue since their boss would have to finally come clean and present clear and convincing evidence of his status of “natural born citizen”. However, the actions of the U.S. government make it seem that he likely wasn’t, and they are willing to give an “out” to any soldier who follows the footsteps of Major Cook in order to not have to deal with such a troublesome fact.
Cook’s attorney, Orly Taitz, argues Obama not only must have been born in this country to be a natural born citizen, in addition, his father must also have been a citizen at the time of Obama’s birth, not owing allegiance to any foreign state. However, it appears that his father, Barack Hussein Obama, Sr., was, at the time of Obama’s birth, a Subject of the British Commonwealth via the then British colony, Kenya, having been born there. Therefore, Obama is ineligible for the office of President.
The key to the legal analysis is that the legal term of art, “natural born citizen”, could only have been defined by the Law of Nations, relied upon by the creators of the constitution in their intended meaning when they used the term in the eligibility requirements of article II, section 1 of the constitution, and which defined it as stated above. It could only have such definition since, at the time of the creators of the constitution, the term “natural born citizen” was only defined in the “Law of Nations”, by the French jurist, Vattel, in 1758, at chapter XIX, sec. 212.
Since there exists no amendment to the constitution that has altered the meaning of the term “natural born citizen”, or the requirement that a candidate for the office of President be one, Barack Obama was never eligible to hold such office.
According to Taitz, if a legitimate long form certificate of live birth was released by Obama it would lay to rest doubt about whether he was born in the United States, but, it may still kill his eligibility for the office of President, since it would also show that his father was not a citizen.
In the meantime, Obama’s status as a natural born citizen remains unclear. However, all the soldiers out there who thought they were in a “catch 22” and didn’t think there was a way to not fight an immoral and illegal war, here’s your chance to opt out legally, and maybe actually still get paid. Hey, its got to be better scrubbing toilets all day then killing people to support Obama’s corporate bosses.
So, for any soldier who has the guts to do it, following Major Cook’s example may end the war for them. War will never end until the soldiers refuse to fire their weapons. Up until now, that has meant possible imprisonment and loss of a paycheck.
Major Cook’s heroic effort has changed that and simultaneously opened up the possibility of world peace, that’s likely to be regarded in history as even more instrumental to ending the Iraq/Afghanistan war than the tet offensive was to ending the Vietnam war.
Rod Ciferri is an American who has no politics.