Major Cook has now been fired from his civilian job illegally. Here's part of the Application for Preliminary Injunction.
" The CEO of Simtech, Inc., Larry Grice, explained to Plaintiff over a series of four conversations within the next two hours, that he had been terminated. Grice told the Plaintiff that he would no longer be welcome in his former position at SOCOM but that Grice wanted to see whether he could find something within the company (Simtech, Inc.) for Cook. The upshot was that at this time Grice did not have anything for Plaintiff to do. Grice told Plaintiff, in essence, that the situation had become “nutty and crazy”, and that Plaintiff would no longer be able to work at his old position..."
"A federal agency (such as the Department of Defense, acting through the Defense Security Services Agency) clearly violates the Whistleblower Protection Act if it takes or fails to take (or threatens to take or fail to take) a personnel action with respect to any employee or applicant because of any disclosure of information by the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety.
What has happened in the present case of Stefan Frederick Cook is that a federal agency appears to have taken action against Stefan Frederick Cook’s private employer, Simtech, Inc., which is a closely held corporation owned and operated by members of a single family, who are as much victims of the Department of Defense’ heavy-handed interference with Plaintiff Cook’s private-sector employment as is Plaintiff Cook himself.
AN OFFICER’S DUTY TO OBEY LAWFUL ORDERS:
This Plaintiff, at the time of his original induction into service, took the United States, military oath of an enlisted man, which reads:
“I, Stefan Frederick Cook, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice. So help me God”
Later, however, he took the oath of an officer of the United States Armed Forces, as follows:
“I, Stefan Frederick Cook, having been appointed an officer in the Army of the United States, as indicated above in the grade of Major do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.” (DA Form 71, 1 August 1959, for officers.)
This oath is based on 5 U.S.C. §3331:
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
See also: http://www.history.army.mil/faq/oaths.htm
An officer does not swear to obey the orders of the President. Rather, he assumes the obligation to defend the Constitution against all enemies, foreign and domestic (for example, a possible Presidential Usurper, if it were shown by clear-and-convincing evidence that a person took the office under false pretenses of constitutional qualifications). The Founding Fathers had the foresight to protect and secure against a situation such as that now facing the United States. The officer oath is a safeguard to protect the Constitution against a corrupt elected government. Officers have an obligation to defend the Constitution. The officer oath does not even mention following the UCMJ laws as does the enlisted oath. Furthermore, Plaintiff Stefan Frederick Cook carries with him a card entitled “Army Values” issued by the United States Army (Exhibit D), which commands in part as follows:
“Bear truth faith and allegiance to the United States Constitution, the Army, your unit, and other soldiers.”
“Put the welfare of the Nation, the army, and your subordinates before your own.”
“Do what’s right, legally and morally.”
“Face fear, danger, or adversity (physical or moral).”
Title 10, Subtitle A, Part II of the United States Code contains the Uniform Code of Military Justice (UCMJ). 10 U.S.C. §890 (ART.90), makes it an offence subject to court-martial if any military personnel “willfully disobeys a lawful command of his superior commissioned officer,” 10 U.S.C. §891 (ART.91) “lawful order of a warrant officer”, and most importantly, 10 U.S.C. §892 (ART.92) provides court-martial for any officer who
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;..."
In full:
http://www.orlytaitzesq.com/blog1/
" The CEO of Simtech, Inc., Larry Grice, explained to Plaintiff over a series of four conversations within the next two hours, that he had been terminated. Grice told the Plaintiff that he would no longer be welcome in his former position at SOCOM but that Grice wanted to see whether he could find something within the company (Simtech, Inc.) for Cook. The upshot was that at this time Grice did not have anything for Plaintiff to do. Grice told Plaintiff, in essence, that the situation had become “nutty and crazy”, and that Plaintiff would no longer be able to work at his old position..."
"A federal agency (such as the Department of Defense, acting through the Defense Security Services Agency) clearly violates the Whistleblower Protection Act if it takes or fails to take (or threatens to take or fail to take) a personnel action with respect to any employee or applicant because of any disclosure of information by the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety.
What has happened in the present case of Stefan Frederick Cook is that a federal agency appears to have taken action against Stefan Frederick Cook’s private employer, Simtech, Inc., which is a closely held corporation owned and operated by members of a single family, who are as much victims of the Department of Defense’ heavy-handed interference with Plaintiff Cook’s private-sector employment as is Plaintiff Cook himself.
AN OFFICER’S DUTY TO OBEY LAWFUL ORDERS:
This Plaintiff, at the time of his original induction into service, took the United States, military oath of an enlisted man, which reads:
“I, Stefan Frederick Cook, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the regulations and the Uniform Code of Military Justice. So help me God”
Later, however, he took the oath of an officer of the United States Armed Forces, as follows:
“I, Stefan Frederick Cook, having been appointed an officer in the Army of the United States, as indicated above in the grade of Major do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.” (DA Form 71, 1 August 1959, for officers.)
This oath is based on 5 U.S.C. §3331:
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.
See also: http://www.history.army.mil/faq/oaths.htm
An officer does not swear to obey the orders of the President. Rather, he assumes the obligation to defend the Constitution against all enemies, foreign and domestic (for example, a possible Presidential Usurper, if it were shown by clear-and-convincing evidence that a person took the office under false pretenses of constitutional qualifications). The Founding Fathers had the foresight to protect and secure against a situation such as that now facing the United States. The officer oath is a safeguard to protect the Constitution against a corrupt elected government. Officers have an obligation to defend the Constitution. The officer oath does not even mention following the UCMJ laws as does the enlisted oath. Furthermore, Plaintiff Stefan Frederick Cook carries with him a card entitled “Army Values” issued by the United States Army (Exhibit D), which commands in part as follows:
“Bear truth faith and allegiance to the United States Constitution, the Army, your unit, and other soldiers.”
“Put the welfare of the Nation, the army, and your subordinates before your own.”
“Do what’s right, legally and morally.”
“Face fear, danger, or adversity (physical or moral).”
Title 10, Subtitle A, Part II of the United States Code contains the Uniform Code of Military Justice (UCMJ). 10 U.S.C. §890 (ART.90), makes it an offence subject to court-martial if any military personnel “willfully disobeys a lawful command of his superior commissioned officer,” 10 U.S.C. §891 (ART.91) “lawful order of a warrant officer”, and most importantly, 10 U.S.C. §892 (ART.92) provides court-martial for any officer who
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;..."
In full:
http://www.orlytaitzesq.com/blog1/
