Reservist Wants to Verify His CINC

As plaintiff in Hollister v. Soetoro, Individual Ready Reservist Hollister seeks verification of the legitimacy of his Commander In Chief.  In a motion to dismiss, the Obama/Biden legal team asserts that

“Although plaintiff alleges he “is literally caught between a rock and a hard place,”
plaintiff has not alleged that he has personally suffered any injury. See Dkt. #1 at ¶34. In
addition, even if these peculiar claims built on a hypothetical recall to active military duty are Case 1:08-cv-02254-JR Document 9 Filed 01/26/2009 Page 6 of 11 taken at face value, plaintiff is engaged in the rankest speculation: He does not even allege a basis for believing that his return to duty is likely, much less probable. Instead, plaintiff’s  allegations expressly concede that his renewed military service is pure conjecture at this point.”

So Hollister has to wait until he is actually activated to make his challenge?  Why so much effort to avoid meeting eligibility challenges head on?

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