There have been many attempts to show that B Hussein Obama might not be an US citizen and therefore is not eligible to be President. Some have been dismissed by the courts but more than a dozen are still making their way through the US judicial system.

Make of them what you will…frivolous attempts to bypass democracy if you are a Democrat or protecting the Constitution to many Republicans. However one man has come up with a nifty twist on the ongoing saga to delay his deployment to Afghanistan.

“U.S. Army Maj. Stefan Frederick Cook says he shouldn’t have to go,” reports the Columbus, Georgia, Ledger-Enquirer. “His reason? Barack Obama was never eligible to be president because he wasn’t born in the United States.” According to Cook, if he were to deploy, 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.”

Cook’s lawyer, Orly Taitz, has challenged Obama’s legitimacy before and was seeking conscientious objector status for Cook in this case. This week, he got it. Taitz says, “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.”

Some Americans certainly still have questions about Obama’s citizenship – for starters, where’s the long-form version of his Hawaiian birth certificate that has information regarding the birth hospital and attending physician? Even those not born in Hawaii can obtain a short-form document like the one Obama has posted online. This and others are questions that he has pointedly refused to answer.

In the meantime, according to a 20-page document filed with the U.S. District Court for the Middle District of Georgia with Cook’s July 8 application for a temporary restraining order, he was ordered to report to MacDill Air Force Base in Tampa, Fla. From there, the Florida resident would have gone to Fort Benning before deploying overseas.

In the meantime he has his restraining order in place. Quite what his comrades who have deployed in his absence make of the whole episode is another matter entirely.