Below The Beltway

Orly Taitz is back in Court in a Federal Court in Georgia before the same Judge who dismissed a similar case just two months ago:

A U.S. District Court hearing to determine if an Army captain fighting deployment to Afghanistan because of the challenged legitimacy of Barack Obama’s presidency was rescheduled for Monday.

Capt. Connie Rhodes filed the complaint last week and Judge Clay Land granted an emergency hearing Friday afternoon in the Columbus federal courthouse.

Rhodes, a medical doctor who was with her unit in Fort Riley, Kan., did not attend the hearing.

That prompted Land to reschedule it for noon Monday.

Rhodes is scheduled to arrive at Fort Benning today and deploy within seven days.

Orly Taitz, Rhodes’ attorney and a national figure in the “birther” movement, was in Land’s courtroom. Rhodes was ordered by her commanding officers to not leave Kansas, Taitz told the court.

“That is not the information I have from Fort Riley,” said Maj. Rebecca Ausprung, with the Department of the Army, Litigation Division in Washington. Rhodes had not informed her supervisor, Ausprung told the court.

Land made it clear he wanted to hear from Rhodes.

“I am going to require her to appear, so I can ask questions of her,” he said.

Ausprung said the Army would make Rhodes available.

The complaint filed by Rhodes is similar to the July 8 suit filed by Maj. Stefan Frederick Cook, who sought conscientious objector status and a temporary injunction. Taitz represents both.

Land tossed out Cook’s case in July.

I wrote about Taitz’s filing of the Rhodes case a few weeks ago, and the Federal Government has already responded with a Motion to Dismiss:

RHODES v MacDONALD – 8 – MOTION to Dismiss Plaintiff’s Complaint for Damages, Declaratory Judgment, and Inj…

Orly and the Captain will be in Court at Noon today.

Expect a dismissal shortly thereafter