A Fort Benning Army captain has filed suit in U.S. District Court questioning President Barack Obama's legitimacy to deploy her to Afghanistan.
Capt. Connie Rhodes, a doctor, claims that Obama is not a legal U.S. citizen nor qualified to issue her a deployment order.
"She doesn't want to go because Obama is illegitimate to be commander-in-chief and any orders from him are unlawful orders," Rhodes' attorney Orly Taitz said Wednesday.
Rhodes filed the suit last week in U.S. District Court in Columbus, seeking a temporary restraining order to halt her deployment, which was
scheduled for Sept. 5.
In the suit, Rhodes said she has "severe mental reservations about obeying the commands of the current de facto President and that she cannot in fact in good conscience do so."
"Plaintiff Capt. Connie Rhodes submits and charges that the current de facto President is an illegal usurper, an unlawful pretender, an unqualified impostor," the suit reads.
In addition to Obama, the suit names U.S. Secretary of Defense Robert M. Gates, Fort Benning's garrison commander and deputy commander.
On Monday, a California judge ruled that another "birther" case, filed by Taitz, could go to trial. The trial is tentatively scheduled for Jan. 26.
"This is the first time in U.S. history that the sitting President will be tried in court on allegations of being illegitimate for President," Taitz said.
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