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Judge Clay Land sided with the defense, which claimed in its response to Maj. Stefan Frederick Cook’s suit, filed July 8 with the U.S. District Court for the Middle District of Georgia, that Cook’s suit is “moot” in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.

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In a pleading revised after the revocation of Cook’s orders, Taitz argues that the application for preliminary injunction is not moot and that retired Maj. Gen. Carol Dean Childers and active U.S. Air Force reservist Lt. Col. David Earl Graeff have joined the suit “because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.”

According to the CEO of Simtech Inc., a private company contracted by the Defense Security Services, an agency of the Department of Defense, the federal government has compelled the termination of Maj. Stefan Frederick Cook.

Cook’s attorney, Orly Taitz, wrote in her blog that Simtech CEO Larry Grice said he would try to find another position within the company for Cook, but nothing is currently available.

The Department of Defense does contracting in the general field of information technology/systems integration, at which Cook, a senior systems engineer and architect, was employed until taking a military leave of absence on July 10 in preparation for his deployment to Afghanistan.

“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,” Taitz wrote.

Grice made clear that it was Defense Security Services that had compelled Simtech to fire Cook, Taitz wrote.

According to the report, Grice told Cook “there was some gossip that ‘people were disappointed in’ the plaintiff because they thought he was manipulating his deployment orders to create a platform for political purposes.”

The Simtech CEO then discussed Cook’s expectation of final paychecks, without any severance pay, and wished the soldier well.

Messages left with Grice’s office had not been returned at the time of this report.

“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,” Taitz wrote.

“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’s heavy-handed interference with plaintiff Cook’s private-sector employment as is plaintiff Cook himself.”

His attorney, Orly Taitz, confirmed to WND the military has rescinded his impending deployment orders.

“We won! We won before we even arrived,” she said with excitement. “It means that the military has nothing to show for Obama. It means that the military has directly responded by saying Obama is illegitimate – and they cannot fight it. Therefore, they are revoking the order!”

She continued, “They just said, ‘Order revoked.’ No explanation. No reasons – just revoked.”

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Cook said without a legitimate president as commander-in-chief, members of the U.S. military in overseas actions could be determined to be “war criminals and subject to prosecution.”

He said the vast array of information about Obama that is not available to the public confirms to him that “something is amiss.”

“That and the fact the individual who is occupying the White House has not been entirely truthful with anybody,” he said. “Every time anyone has made an inquiry, it has been either cast aside, it has been maligned, it has been laughed at or just dismissed summarily without further investigation.

“You know what. It would be so simple to solve. Just produce the long-form document, certificate of live birth,” he said.

He said he was scheduled to report for duty tomorrow, on July 15, to deploy to Afghanistan as part of President Obama’s plan to increase pressure of insurgent forces there.

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The military courts offer no option for raising the question, so he turned to civilian courts to consider “a question of paramount constitutional and legal importance: the validity of the chain of command under a president whose election, eligibility, and constitutional status appear open to serious question.”

“Barack Hussein Obama, in order to prove his constitutional eligibility to serve as president, basically needs only produce a single unique historical document for the Plaintiff’s inspection and authentication: namely, the ‘long-form’ birth certificate which will confirm whether Barack Hussein Obama was in fact born to parents who were both citizens of the United States in Honolulu, Hawaii, in or about 1961,” explains the complaint.

Taitz said she will attend the hearing to amend the temporary restraining order to an injunction because more members of the military have joined the cause.

“We are going to be asking for release of Obama’s records because now this completely undermines the military. It revoked this order, but it can come up with another order tomorrow. It can come up with orders for other people,” she said. “Am I going to be flying around the country 1,000 times and paying the fees every time they issue an order?”

Taitz said the issue “must be resolved immediately,” and she will continue working to ensure Obama proves he is eligible for office.

“We’re going to be asking the judge to issue an order for Obama to provide his vital records to show he is legitimately president,” she said. “We’re going to say, we have orders every day, and we’ll have revocations every day. This issue has to be decided.”

She said there cannot be any harm to the president if he is legitimately holding office.

“If he is legitimate, then his vital records will prove it,” Taitz said. “If he is illegitimate, then he should not have been there in the first place.”

Asked what this decision means for every other serviceman who objects to deployment under a president who has not proven he is eligible for office, Taitz responded:

In May, President Obama signed a bill that will limit some of the worst practices of credit card companies that have been raising rates with little reason and without notice and charging obscene late fees. The bill also requires that banking regulators study the practice of using information about where a person shops to assessing credit worthiness. That means credit card companies, which are already raising rates and cutting credit limits before the new law goes into effect in January, are likely to continue keep track of where and how their customers spend money until at least 2011.

Credit card companies purchase their customer’s spending record from reporting companies like Equifax, which gather it by using sophisticated computer programs to “data mine” spending by individuals. The practice allows companies to develop a disturbingly complete picture of people based on not just their buying habits but also specific purchases.

Here are a few other activities that experts say could trigger a hard look from credit card issuers.

* Using a card to bail out that no-good brother-in-law, to get a massage or to employ the services of an escort.

* Charging items at auto parts or grocery stores. Both are seen as a sign of financial distress.

* Charging items at pawn shops, drug stores and shoe repair shops. All can be a warning of someone down at the heels.

* Paying for court costs, child support or alimony with a credit card.

* Charging medical care and child care.

* Charging beer, wine or liquor.

Lenders have a responsibility to assess the creditworthiness of borrowers and debtors. The failure to do that was one of the reasons the housing market collapsed and took the rest of the economy down with it. When lenders – typically an officer at a hometown bank – knew their customers that was easy to do. Today, in most cases, that’s know longer possible, and like all modern lenders, credit card companies are right to make an effort to assess risk. It’s also in every credit-card user’s interest that they do so, since everyone pays a bit more when borrowers default on their loans.

The problem is in the ham-handed, one-size-fits-all way credit card companies and their computer programs use spending information. It makes no sense to penalize frugality. Someone who shops regularly at thrift stores despite earning a good income is certainly a better credit risk than someone who regularly runs a balance on a department store card.

Similarly, there can be lots of reasons for someone to charge groceries or use a card to pay to have a favorite pair of shoes resoled.

Meanwhile, Moody’s Investor Services downgraded California bonds to near-junk status, from A2 to Baa1, and placed the state’s credit rating on watch for possible further reductions.

Moody’s said the budget deadlock had put constitutionally required payments to bond holders at risk.

“If the state gets to a position where it is unable to make priority payments, a multi-notch downgrade may result,” Moody’s said in a statement.

The state’s cash crisis has forced state Controller John Chiang to issue nearly 130,000 IOUs worth a total of $436 million to state vendors so far.

The administration previously sent layoff notices to 4,600 state employees, but it was unclear how many workers will actually lose their jobs because many still have an opportunity to move into special-fund posts that weren’t covered by the layoffs.

On Tuesday, Exxon plans to announce an investment of $600 million in producing liquid transportation fuels from algae — organisms in water that range from pond scum to seaweed. The biofuel effort involves a partnership with Synthetic Genomics, a biotechnology company founded by the genomics pioneer J. Craig Venter.

The agreement could plug a major gap in the strategy of Exxon, the world’s largest and richest publicly traded oil company, which has been criticized by environmental groups for dismissing concerns about global warming in the past and its reluctance to develop renewable fuels.

Despite the widely publicized “moonshine” remark a few years ago by Exxon’s chairman and chief executive, Rex W. Tillerson, the company has spent several years exploring various fuel alternatives, according to one of its top research officials.

“We literally looked at every option we could think of, with several key parameters in mind,” said Emil Jacobs, vice president for research and development at Exxon’s research and engineering unit. “Scale was the first. For transportation fuels, if you can’t see whether you can scale a technology up, then you have to question whether you need to be involved at all.”

He added, “I am not going to sugarcoat this — this is not going to be easy.” Any large-scale commercial plants to produce algae-based fuels are at least 5 to 10 years away, Dr. Jacobs said.

The animal can operate the robot with such dexterity that it can reach out to grab, and turn a handle.

The mechanical arm has an arm, elbow, wrist and simple hand, which the monkey controls with the power of thought.

Sky News was given exclusive access to the laboratory at Pittsburgh University in the United States.

The research is progressing so rapidly that scientists hope to start trials on paralysed patients within a year.

Neurobiologist Dr Andy Schwartz said: “What we’re trying to do is go to a very dextrous hand – where the functionality is very similar to the human hand. If we could help stroke patients there would be a huge market for this kind of device.”

They also hope to help patients who have been paralysed by spinal chord injuries or degenerative diseases of the nervous system.

Electrodes implanted in the monkey’s motor cortex, the brain’s movement control centre, pick up pulses within individual neurones.

The signals are relayed to a computer which analyses their pattern and strength to gauge what the monkey is trying to do. It then translates the signals to alter the speed and direction of the robotic arm.

The system is so quick that if the arm overshoots the monkey’s intended target, it can rapidly correct the movement.

Dr Schwartz told Sky News: “It’s pretty amazing because monkeys aren’t used to moving tools.

“We use them all the time. Imagine you’re moving your arm to get that piece of food. Conveying that to a monkey is pretty difficult, yet the monkey learns it fairly rapidly.

“As the days go by, you see the monkeys start using it as if it is part of their own body.”

The shortfall for the fiscal year that began Oct. 1 totaled $1.1 trillion, the first time that the gap for the period surpassed $1 trillion, Treasury figures showed today in Washington. The excess of spending over revenue for June was $94.3 billion, the first deficit for that month since 1991, according to data compiled by Bloomberg.

Updated Thu. Oct. 7 2004 4:09 PM ET

CTV.ca News Staff

A tiny genetic change may be all that stands between us and the next deadly flu pandemic.

A team of scientists at the National Microbiology Research Laboratory in Winnipeg, Manitoba arrived at that chilling conclusion after they managed to create a cousin of the deadly 1918 Spanish flu virus in the lab.

The results of their work are published in the journal Nature.

Working with American and Japanese partners, the researchers used two synthetic genes copied from the 1918 virus, as well as three other human viruses, to come up with something that mimics the deadly effects of the 1918 strain.

When they examined the virus, scientists realized their bug had fundamental structural features that distinguished it from other, less deadly strains.

The gene known as HA (haemagglutinin) may be the key, they say, as it is believed to give the virus a superior ability to break though a cell’s defences and bind to it.

According to the study, a large segment of the world’s population would be extremely susceptible to a virus containing that gene.

“Once the properties of the (1918) HA gene that gave rise to its lethal infectivity are better understood, it should be possible to devise effective control measures and to improve global surveillance networks for influenza viruses that pose the greatest threat to humans as well as other animal species,” the researchers wrote in Nature.

The strain from the 1918 outbreak — which infected an estimated one billion people and killed more than 20 million people in a single year — is believed to have jumped to people by way of pigs.

Scientists have recreated the 1918 Spanish flu virus, one of the deadliest ever to emerge, to the alarm of many researchers who fear it presents a serious security risk.

Undisclosed quantities of the virus are being held in a high-security government laboratory in Atlanta, Georgia, after a nine-year effort to rebuild the agent that swept the globe in record time and claimed the lives of an estimated 50 million people.

The genetic sequence is also being made available to scientists online, a move which some fear adds a further risk of the virus being created in other labs.

The recreation was carried out in an attempt to understand what made the 1918 outbreak so devastating. Reporting in the journal Science, a team lead by Dr Jeffery Taubenberger at the Armed Forces Institute of Pathology in Maryland shows that the recreated virus is extremely effective. When injected into mice, it quickly took hold and they started to lose weight rapidly, shedding 13% of their original weight in just two days. Within six days, all mice injected with the virus had died.

In a comparison experiment, similar mice were injected with a contemporary strain of flu, and although the mice lost weight initially, they recovered. Tests revealed that the Spanish flu virus multiplied so rapidly that after four days, mice contained 39,000 times more flu virus than those injected with the more common strain of flu.

The government and military researchers who reconstructed the virus say their work has already provided invaluable insight into its unique genetic make-up and helps explain its lethality. But other researchers warned yesterday the that virus could escape from the laboratory. “This will raise clear questions among some as to whether they have really created a biological weapon,” said Professor Ronald Atlas at the centre for deterrence of biowarfare and bioterrorism at the University of Louisville in Kentucky.

Tests in several animals confirmed other studies that have shown the new swine flu strain can spread beyond the upper respiratory tract to go deep into the lungs — making it more likely to cause pneumonia, the international team said.

In addition, they found that people who survived the 1918 pandemic seem to have extra immune protection against the virus, again confirming the work of other researchers.

“When we conducted the experiments in ferrets and monkeys, the seasonal virus did not replicate in the lungs,” said Yoshihiro Kawaoka of the University of Wisconsin, who led the study.

The H1N1 virus replicates significantly better in the lungs.”

The new swine flu virus has caused the first pandemic of the 21st century, infecting more than a million people, according to estimates, and killing at least 500. The World Health Organization says it is causing mostly moderate disease but Kawaoka said that does not mean it is like seasonal flu.

“There is a misunderstanding about this virus,” he said in a statement. “There is clear evidence the virus is different than seasonal influenza.”

Californians have fewer places to redeem IOUs issued by the cash-strapped state.

At least three major banks, Wells Fargo, JPMorgan Chase and Bank of America, stopped accepting the IOUs after Friday.

More than 60 credit unions, however, continue to accept the paper.

State Controller John Chiang started issuing the IOUs on July 2 to conserve cash, while lawmakers and Gov. Arnold Schwarzenegger tussle over closing a $26 billion budget gap. Friday also marked the start of a mandatory third furlough day for most state employees.

The state, the world’s eighth largest economy, has issued more than 90,000 IOUs worth nearly $355 million. Also called registered warrants, the IOUs pay an interest rate of 3.75% and can be redeemed on Oct. 2 or earlier if divided state officials reach a budget deal.

He has since ripped out such plants in the name of food safety, because his big customers demand sterile buffers around his crops. No vegetation. No water. No wildlife of any kind.

“I was driving by a field where a squirrel fed off the end of the field, and so 30 feet in we had to destroy the crop,” he said. “On one field where a deer walked through, didn’t eat anything, just walked through and you could see the tracks, we had to take out 30 feet on each side of the tracks and annihilate the crop.”