I went to basic in Orlando.... this was taught there to everyone. It is basic chain of command.
On Sat, Jul 18, 2009 at 1:44 AM, Frederick The Moderate < [email protected]> wrote: > > Okay. So if someday Obama is conclusively determined to be ineligible > for office, the Cook has a case for something or other. Otherwise, oh > well. Thanks. Again, when I was in the nav, I wasn't in the JAG corps > so i'm no expert. > > > > On Jul 17, 11:35 pm, "d.b.baker" <[email protected]> wrote: > > Any standing order is the responsibility of the sitting president - > > who may or may not overrule a previous president. See Guantanamo, for > > instance. > > > > On Jul 18, 12:03 am, Frederick The Moderate > > > > > > > > <[email protected]> wrote: > > > Weren't the initial orders to go into Afghanistan given in 2008? > > > Wouldn't that make them the standing general orders of GW Bush? > > > I could be wrong (I often am!) but I really thought we went there with > > > at least a token force before Obama. > > > Again, that would (pardon the pun) cook Cook. > > > > > On Jul 17, 6:58 pm, "d.b.baker" <[email protected]> wrote: > > > > > > Thank you, Frederick, nice to know the effort was not in vain. > > > > > > I'll only add this, the president (CIC) is constitutionally > > > > responsible for the issuance of all general military orders. While > > > > subordinates may also be culpable (e.g., alterations, forgeries) - > > > > I'll paraphrase Harry Truman: "The buck stops with the president." > > > > This is especially true here because the general order to deploy was/ > > > > is well defined and established by the president. > > > > > > Meanwhile, it seems Maj. Cook's challenge has gone viral. Now even > > > > parts of the media are covering it. > > > > > > On Jul 17, 4:49 pm, Frederick The Moderate > > > > > > <[email protected]> wrote: > > > > > DB, that's probably the most intelligently put explanation of > what's > > > > > going on in this case that I've heard. Thanks. I was not in the JAG > > > > > (although I had / have friends who were / are). > > > > > I believe everything that you wrote would stand up under one > > > > > condition: So long as not one officer anywhere between Obama and > Cook, > > > > > ever ordered Cook to deploy. At that point, it became a general > order > > > > > - which is what I mentioned earlier in this thread. I have to > believe > > > > > someone lower in the chain of command, covered this base somewhere > > > > > along the line. > > > > > > > On Jul 16, 9:19 pm, "d.b.baker" <[email protected]> wrote: > > > > > > > > On Jul 16, 9:26 pm, Hollywood <[email protected]> > wrote: > > > > > > > > > D.B. > > > > > > > > > No, you are wrong. The military can revoke ANY order for ANY > reason or > > > > > > > no reason at all. If one has the authority to issue an order > than same > > > > > > > person/command has the authority to rescind or nullify that > same > > > > > > > order. > > > > > > > > Makes sense, but there are "direct orders" and there are "general > > > > > > orders" (i.e., standing orders). Refusal to follow a direct order > may > > > > > > or may not be a court-martial offense; e.g., "Take out the > garbage, > > > > > > private." "No, sir, Sarge." (Can't sue the CIC on this one.) > > > > > > > > Refusal to follow a general (or standing) order is definitely a > court- > > > > > > martial offense. An order to deploy is a general or standing > order. > > > > > > The issuing commander (general) may rescind the order for a valid > > > > > > reason (surrender of the enemy, for example), but he/she may not > do so > > > > > > selectively without good (provable) cause. A general order > applies to > > > > > > everyone under his/her command. So too the order's revocation. > > > > > > > > Maj. Stefan Cook did NOT refuse the general order; he requested a > > > > > > hearing in district court (GA) to establish the validity of the > order > > > > > > - given his belief that Mr. Obama is not a "natural born citizen" > and > > > > > > therefore ineligible to be president. The hearing was held today > > > > > > (Thurs), and dismissed because the underlying general order (to > > > > > > deploy) had since been [selectively] revoked by the military. > > > > > > > > This is where it gets interesting, because the selective > revocation of > > > > > > the standing order was in itself a violation of the UCMJ, that > is, > > > > > > unless the military can prove the revocation was not capricious > or > > > > > > arbitrary. If properly pursued by Maj. Cook, this action could > lead to > > > > > > the demotion or dismissal of the issuer and many of his/her > > > > > > subordinates. In short, to date we have one court-martial > offense, > > > > > > committed by the military, not Cook. > > > > > > > > The revocation was tactical, and for the time being effective. > It's > > > > > > also a gamble that Cook will not be able to muster the resources > to > > > > > > mount a successful counter-offensive, such as acquiring a top > notch > > > > > > JAG to address the revocation ("without good or just cause"); > Maj. > > > > > > Cook wanted to go to Afghanistan, the military refused by > summarily > > > > > > and selectively revoking the standing deployment order. An > obvious > > > > > > ploy to avoid - at any cost - the legality of the underlying > question > > > > > > (Obama). > > > > > > > > Depending on Cook's determination, and his legal counsel, this is > the > > > > > > type of case that has the potential to alter the course of > military > > > > > > and civilian history. Simply because there's no way Obama can > prevail, > > > > > > even in the unlikely event he produces a valid Hawaiian birth > > > > > > certificate. The reason being that his father was not a US > citizen, > > > > > > and there is no record of Obama declaring US citizenship when he > > > > > > reached the age of majority (a requirement). > > > > > > > > But with the military, Cook now has a second front he can attack; > the > > > > > > revocation vs. UCMJ. He doesn't have to rush in, either - because > > > > > > there's bound to be others. But given his rank and exemplary > military > > > > > > record, he can go it alone, and prevail.- Hide quoted text - > > > > > > - Show quoted text -- Hide quoted text - > > > > - Show quoted text - > > > -- Mark M. Kahle, , www.filacoffee.com --~--~---------~--~----~------------~-------~--~----~ Thanks for being part of "PoliticalForum" at Google Groups. 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