Court-Martial Trial Practice Blog
Here is an interesting tidbit from ledger-enquirer.com about this major unwilling to serve.
On May 8, Cook submitted a formal written request to Human Resources Command-St. Louis volunteering to serve one year in Afghanistan with Special Operations Command, U.S. Army Central Command, beginning July 15, Quon said.
The soldier’s orders were issued on June 9.
“A reserve soldier who volunteers for an active duty tour may ask for a revocation of orders up until the day he is scheduled to report for active duty,” Quon said.
She added that there is an administrative process to request revocation of orders. As of Tuesday afternoon, Cook had not asked for his orders to be revoked, Quon said. By 5 p.m. EDT, the orders had been pulled.
Let’s assume the truth of this piece, here are my questions for the litigants.
1. When exactly between 8 May 2009, while Obama was president, and the date of filing the lawsuit did you have an epiphany about President Obama’s qualification to be president?
2. If your orders were voluntary and you didn’t want to go, why did you have to file a lawsuit rather than request the orders be cancelled?
3. If the lawsuit is frivolous should you and your lawyer be sanctioned, by paying the the government’s legal costs, for example?
4. Did the Army make a smart decision and construe your litigation as a sort of request to revoke the orders? And so would you object to the lawsuit as being moot?
5. What article of the UCMJ have you violated?