http://www.foxnews.com/politics/2009/07/15/soldier-claims-obama-isnt-legal-president-doesnt-deploy/ A reserve soldier has been granted his request not to deploy to Afghanistan because he believes Barack Obama's presidency is not legitimate, the Columbus, Ga., Ledger-Enquirer reported Wednesday. U.S. Army Major Stefan Frederick Cook, who volunteered for duty in May, says he would be committing a crime to serve under Obama because he believes Obama was born outside of the United States, making him ineligible to become president. Lt. Col. Maria Quon, an Army spokeswoman, told the newspaper that Cook was no longer expected to report Wednesday to MacDill Air Force Base in Florida for mobilization to active duty. Cook filed a request last week in federal court seeking a temporary restraining order and status as a conscientious objector through his attorney, Orly Taitz, the newspaper reported. Taitz, who has challenged the legitimacy of Obama's presidency in other courts, asked the court to consider granting her client's request based upon Cook's belief that Obama is not a natural-born citizen of the United States and therefore ineligible to serve as commander-in-chief of the U.S. Armed Forces. Cook states he "would be acting in violation of international law by engaging in military actions outside the United States under this President's command, simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties." Obama was born in Hawaii in 1961, two years after it became a state. Cook is an "individual mobilization augmentee," or a reserve soldier assigned to an active component unit for duty, the newspaper said. He submitted a formal written request to Human Resources Command-St. Louis on May 8 volunteering to serve on year in Afghanistan. A hearing on Cook's request will take place Thursday in federal court in Columbus, Ga. Incidentally, Cook did not have to hire a lawyer to refuse his orders to go to Afghanistan. As a reserve soldier and volunteer, he has the right to revoke his deployment orders.