Category Archives: texas

Where’s the Love?

Tony Ortega’s Open Letter to Tom Cruise

San Antonio Current: Scn Inc v Cook

Village Voice: Shane Kelsey case

Battle of San Antonio: A Review

On day one of Scientology Inc v Debbie Cook, after witnessing the opening statements of Ray Jeffrey and George Spencer, after Debbie Cook was called as first witness of the plaintiff, and after being dismissed from the courtroom as announced witnesses, Mike Rinder and I took a leisurely stroll at the Riverwalk in downtown San Antonio.  We could relax for a moment since by then we were assured that  we owned David Miscavige.

We talked about the state of David Miscavige’s mind as reflected in his handling of the Battle of San Antonio. Our walk was relaxed because we knew that Miscavige’s  arrogant, ill-advised first move would be his last – calling Debbie Cook to the stand.  I said to Mike, “these days, watching Scientology Inc Legal is like watching a Tommy Davis PR performance.”  Mike mused about how predictable it was that Miscavige would react as we figured he would to our message from the Alamo.

We reflected on how after our announcing to the world that Miscavige was following right in the footsteps of infamous general and despot Santa Anna, he had ignored the well-known aphorism of philosopher George Santayana:

“Those who cannot learn from history are doomed to repeat it.”

That is not say that all was sea shells and balloons on the front lines – but we knew at that point there was no reversing the fact that the Scientology Inc locomotive was headed straight into the train wreck of the century.

Even then though, we did not suspect that within 24 hours Miscavige would channel Santa Anna right on down to waving the white flag, and fleeing across the Texas plains in his underwear.

A Scientology Inc outright surrender is unprecedented in circumstances such as these.

Yes, Scientology Inc has paid huge sums of money at the courthouse steps in exchange for silencing Public Relations and Legal nightmares.

But, never has Scientology Inc surrendered after the damage was already done, and never in such a pathetic, thoroughly embarrassing fashion.

On my way out of San Antonio, I had a visit with Village Voice Editor In Chief Tony Ortega.  Tony asked me why the Surrender at San Antonio was so epic.

I told Tony that in order to fully appreciate the answer he needed a little history lesson, as follows.

The Temporary Restraining Order(TRO)/Preliminary Injunction (PI) procedure is relatively standard in most states in America.  Since 1981 Mike and I had helped Scientology Inc capitalize on it to crush, punish and silence many people.  Generally, one can get the TRO with no notice to the defendant, and then the defendant has but ten days to put together a complete defense in a hearing for a PI.  That means scrambling together for bread and trying to hire someone competent to enter a thoroughly unremunerative and unrewarding battle field and get him prepared for the unpreparable.  Very few that Mike and I could recall had ever been able to get it together in that time frame.  So, dozens of times we had used the weapon successfully to muzzle a defendant from the outset and for the remaining two to five year period the case would take to get to ultimate trial.  It was like shackling the defendant to the whipping post, then using the two to five years of litigation process to bury, punish, and bankrupt him or her with harassing discovery and motion work.  And while ultimately the defendant might prevail at trial (e.g. Gerry Armstrong, Joe Yanny), in many ways the person was ruined and enervated by that time.

Mike and I knew that it was no coincidence that from January 1, 2012 to this day Office of Special Affairs (OSA, dirty tricks and propaganda arm of Scientology Inc) had every available operative in the field pushing one message and one message alone toward Debbie Cook and Wayne Baumgarten:  whatever you do, stay away from Marty.   We read that like a telegram authored by Miscavige: we’re isolating Debbie for the whipping post treatment.

As one can read at exhibit B to Defendants’ Original Answer filed in the Bexar county courthouse, as late as January 15 (12 days prior to the Temporary Restraining Order), the OSA line had some effect.  Debbie pled with OSA to leave her alone with this distancing claim:  “I am also certain at this point that it was Marty and the Independents that worked so hard to get that comm into the press.”  That was claimed despite the fact the “press” had her email before I even did, and I’ve never worked, let alone “worked so hard”, to get anything into the press, and notwithstanding the fact I had already informed Debbie through a mutual friend of the identities of two confirmed OSA agents whom she and Wayne had already befriended and trusted since 1 January.  Regardless of Debbie’s mistrust, Mike and I still noted in my blog that it would not take long for Miscavige to force Debbie toward her only hope of a decent defense.  And so we proceeded to raise funds for that purpose.

It was not until Debbie and Wayne were served with a Temporary Restraining Order that I received a call that she wanted help.

Here is where the formidable Independent network really came into play.  First, mutual friends Yvonne and Ken Schick arranged a meeting at a secluded several acre residence where no OSA interference was possible.  Another Independent paid the airfare to get Mike Rinder out to Texas immediately. Another Independent (Action Jackson Morehead) stood in for Mike in Florida to complete the move that he and Christie were in the middle of when the call for help arose.  Probably the most crucial clutch play of the game also came from a Texas Independent.  His many years of ethical business practice and consequent connections lead us to the biggest star of the entire battle, Sugar Ray Jeffrey.

Mike and I have worked with some of the most expensive and accomplished lawyers in countries across the world for several decades; and both of us recognized the day we met him that Ray was the only horse that could run the course before us in the time allotted to prepare.  Normally, an attorney of his capability (with the level of competence and dedication of his partner and associate) would cost far more than we could afford.  But, because Ray and his team were quick to understand the facts, and were moved by the principles and equities involved, we were able to retain him through the hearing of this week for just about the amount of money that Independents (for the most part) contributed – almost to the penny.

With precious little time to work, it seemed that every resource we needed at every step of the way magically appeared compliments of one Independent or another.

I told Tony that had it not been for a lot of good folks living right and supporting one another and being there for one another and ready to drop everything to answer when the call came, Debbie Cook and Wayne Baumgarten would have been Texas road kill by now.

Had it not been for David Miscavige’s insane paranoia – which was as predictable as the morning sunrise – Debbie Cook’s testimony as to Miscavige’s crimes would never have seen the light of day.

Until David Miscavige sued Debbie Cook she made her intentions to him clear in writing as follows:

a)       She did not intend to disclose publicly the crimes of David Miscavige and Scientology Inc.

b)       She considered the intentions and interests of “Marty and the Independents” something not necessarily parallel to her own.

However, the very crimes Miscavige was trying to cover up with the Temporary Restraining order, and keep covered up with the sought for Preliminary Injunction, were the very crimes that invalidated the “agreement” that he wanted enforced.  It didn’t take a legal genius to understand that; Mike and I saw it before we even saw Miscavige’s stupid lawsuit and secretly obtained Temporary Restraining Order.

David Miscavige literally forced Debbie Cook to disclose his crimes in the only forum, under his own interpretation of the law, she could possibly do so without legal repercussions to herself. To wit, in the witness box in defense of an application for a Preliminary Injunction worded in the fashion Miscavige worded his would-be one against Debbie.

Miscavige got what he postulated; and he paid dearly with Scientology parishioner  donation war chest funds to make his postulate stick.

Some have wondered about the merits of Miscavige’s claim that he has now attained the goods to win the case on Summary Judgment.  There are no merits to it.  It is simply a typical Miscavige “PR” maneuver – the bully getting the tar whipped out of him, and claiming as he retreats “I am gonna kick your ass later.”

And as is typical of Miscavige, the rest of his statement was bogus too.  He didn’t surrender because Debbie was going to continue to use the witness stand to trumpet his crimes.  She was done with that phase of her testimony – the rest of it was rather mundane by comparison.  What he was hoping to avoid was the rest of the defense case (Mike and I establishing that the precise duress Debbie described being applied to force her to sign the “agreement” was standard operating procedure designed and engineered by Miscavige) and the inevitable court ruling that Scientology Inc gag orders are unenforceable, whether backed by fifty grand in “consideration” or not.

You see, Debbie is just the tip of the iceberg.  And Miscavige is acutely aware of that.  Others have left the Int Base torture chamber called “The Hole” since Debbie departed in 2007.   Among them are former WDC member Greg Hughes, former Int Management Exec Committee member Debbie Hughes, and former COB Project Ops (and Hole Torture In Charge) Angie Blankenship.  They too were bought off and signed agreements identical to Debbie’s. The facts they can testify to about the conduct of David Miscavige are still within the criminal statute of limitations for aggravated assault and battery, false imprisonment, and human trafficking.

While Miscavige’s unprecedented surrender is indicative of a meltdown of magnitude, there is still a method behind the tyrant’s madness.

But, Greg Hughes, Debbie Hughes, Angie Blankenship, and others similarly situated cannot take solace in the lack of official precedent invalidating their agreements.  I know they would love to do so as some kind of synthetic balm for their aching consciences.   Fact of the matter is, despite the lack of written judicial decision, the precedent has been set and it is clear as a bell to any literate individual aware of the Battle of San Antonio. David Miscavige has not nor can he use the courts to enforce his unlawful, unconscionable cover-up contracts.  We have proven that when push comes to shove those “agreements” are as worthless as the paper they were written on.   Further, we have established that when Miscavige attempts to isolate and tie anyone to the whipping post, there is a formidable movement out here that will protect them and lead them safely to the promised land; whether they agree with and support our aims or not.

All who contributed please take a huge win.  You got us to exactly where I predicted you could take us with your contributions.  The product was better than any of us could have expected.  Some of the lessons I take with me:

Don’t mess with Texas.

Don’t mess with Independents.

Don’t mess with the Truth.

update:  Village Voice Cook Interview, Ortega’s Intro video now works.

Scientology Inc. v. Debbie Cook Updates

Village Voice live updates from San Antonio courthouse.

Tampa Bay Times

San Antonio Express

Twitter feed  

WOAI Blog

Village Voice day one summary

Scientology Inc Plague

Here is the latest justification for a multi-million dollar shakedown of Scientology Public called the Idle Morgue scam.

Twin Cities – Think Big

Tens of millions of dollars for two new people a day?   Making it a total of five people of day to be avoided like the plague, denied a live comm cycle, and made to look blankly at Miscavige’s gaudy videos, and finally be blown off with a creepy impression of Scientology?

And to think, David Miscavige is suing Debbie Cook for having the temerity to object to this sick travesty.  And he has spent at least another couple hundred grand in parishioner donations already in an attempt to silence, punish and annihilate her for doing so.  In my opinion Miscavige has degenerated into little more than a cluster of escalating spending to cover up and  distract attention from previous crimes, which escalated spending constitutes more crimes which require further escalated spending to cover up and distract, and so forth and so on and on and on.  The closest analogy I can think of is the plague.

Debbie Cook Still Servicing the Flag Service Organization

The latest commercial by church of Scientology has reportedly been played in prime time during the NFL playoffs and American Idol.  The last times such broad air buys were made by church of Scientology was in the Fall of 2009 in order to answer to ABC Nightline’s two night special on the Tampa Time’s original Truth Rundown series, and in April 2010 in response to Anderson Cooper’s follow up on the Truth Rundown series.

I would credit the latest prime time run to Debbie Cook.  More evidence that to this day she is acting in the best interest of the Flag Service Organization, Scientology’s Mecca in Clearwater Florida.   At the same time, I do not fault her for the last half of the ad which is so chock full of lies and false propaganda as to further sink Corporate Scientology’s credibility.   That you can chalk up to the insanity of David Miscavige.

 

“Only Scientology Law Applies” – Radical Corporate Position

UPDATE SATURDAY A.M.:  VILLAGE VOICE WEIGHS IN

By Mike Rinder

At the same time Miscavige’s minions rushed into court in Texas attempting to enforce their unconscionable “contract” with Debbie Cook, they sang a different tune in Pinellas County, pleading that courts have no jurisdiction in matters of religion.

See the article by Joe Childs and Tom Tobin reporting on today’s hearing (which occurred coincidentally with the hearing in Texas):  Lawyer tells judge: “Only Scientology law applies.”

The Tampa Bay Times report is accurate and objective.

There is no doubt a great deal of law indicates courts should not intrude in religious matters.  But here, where the church has long proclaimed how fair and generous it is in returning money to dissatisfied customers, the new “policy” of refusing to return funds is being challenged and scrutinized.  Until fairly recently, the church lived up to representations made to the Internal Revenue Service to gain tax exemption that it was “easy” to get your money back.  But it seems there are so many dissatisfied customers that they had a change of heart, and are now refusing to even return monies on account while stating “if they had just followed the procedures they would have had their money by now” with a straight face.  I wonder what would happen if a bunch of SPs showed up at the FSO to “do their CVB Routing Form” – imagine the panic that would spread.  And if each brought a witness…. I think the FSO should be careful about what they say.

It was rather humorous to watch the church try to claim a 7 page fine print contract is “Scientology law.” Clearly, it was drafted by lawyers, not religious scholars, to be used in court and it even says so in the enrollment agreement.

But the most amazing position for the church to take is “tough luck pal, it’s our rules and if you don’t like them you can’t sue us.  Not for anything, ever, because you signed away your rights in order to participate in church services.”  But here, they didn’t even participate. No services were provided.

There is little doubt this will be a long battle.  The stakes for the church losing are a catastrophic run on the bank.  But fighting this will focus more and more media attention on the vulture culture and how far removed it is from what the IRS was told that convinced them to grant the church tax exempt status.

Miscavige is walking a tightrope while juggling and doing backflips in a high wind:  trying not to let a dollar out of his grip while at the same time defying what he personally told the IRS about church policy on refunds and repayments, while trying to use the judicial system to enforce contracts to protect his ego and out of the other side of his mouth protesting that his contracts cannot be enforced by any court.  Good luck with that.

His contradictions are not lost on the world and as he proceeds down his arrogant path of self destruction, they will catch up to him. He is convinced he is the smartest man in the world and he can play anyone and everyone for his benefit. The truth ALWAYS prevails in the end.

A tip of the hat to Bert Schippers and Lynn Hoverson and Luis and Rocio Garcia for stepping up to the plate and paving the way for justice and equity for many who stand in the same place.

Motion to Dissolve Restraining Order

Here is an objective factual, albeit partial, account of today’s proceedings published in the San Antonio Express News.

And here is the rest of the story.

In San Antonio, each motion in a case gets assigned to a random judge.  The one assigned to Ray Jeffrey’s motion to dissolve the temporary injunction today was not too keen on listening to Ray’s constitutional arguments when the full hearing with evidence on the injunction is set to be tried next Thursday 9 Feb. The one issue that did catch Judge Littlejohn’s attention was the potential effect of the overbroad temporary injunction being used to prevent Debbie and Wayne from properly preparing their defense for 9 Feb.

Miscavige’s (FSO’s) counsel claimed not to have any intention of using the temporary injunction to hinder Debbie and Wayne’s defense.  Then Mr Jeffrey pulled out the letter Miscavige’s boys faxed to Jeffrey the day before last.  The letter threatened the Baumgartens with a motion to have the court hold them in contempt.  For what?  Allegedly conferring with her legal team consultants and witnesses, namely yours truly and Mike Rinder.

The judge denied the motion to dissolve only after being assured by Miscavige’s boys that they would drop their attempts to use the court’s order to obstruct Debbie and Wayne’s defense preparation.  Back to the salt mines in preparation for the main event – Feb 9.

“Beyond The Pale Of What A Human Being Should Endure”

That is how Debbie Cook and Wayne Baumgarten’s attorney characterizes what Debbie was put through by Scientology Inc.

Tony Ortega at the Village Voice published the first interview with the Baumgarten’s San Antonio litigation attorney Ray Jeffrey.   As I think you will see from the article, Ray has the right attitude going into what may be the biggest legal war of his long career.

Ray has bent over backward to stretch his firm’s pricing standards to make his quality, aggressive representation available to Debbie and Wayne.  And while their defense will likely continue to cost 1/2oth of what Miscavige’s Death Star is pouring into this unprecedented assault on constitutional and human rights, Debbie and Wayne are going to need a huge support base to wage this battle with the beast toe to toe.

Mike Rinder and I both attest that Ray Jeffrey is the best possible man to have in Debbie and Wayne’s corner.  In fact, I don’t think there is anyone in San Antonio, or anywhere else for that matter, who better fits the bill.

For those who have made contributions to Debbie and Wayne’s defense, your donations are well invested.  You are very much appreciated by all of us.  To those who haven’t and wish to contribute, you can do so at Debbie’s personal webpage (see donate to legal defense fund notice in upper right hand margin): Debbie’s legal defense fund.

This is not going to be easy, but the line in the sand had to be drawn in San Antonio.

 

 

Remember the Alamo

Independence Trail Travelogue: 1 February 2012

The Alamo, San Antonio, Texas.

References:

The Battle of the Alamo

The Battle of San Jacinto

Hypocrisy

Friday’s edition of the Tampa Bay Times includes an editorial on the issue of Corporate Scientology hypocrisy.   It is a well reasoned piece.

Let’s take a closer look at the issue.  Miscavige spent the first 26 days of January directing a full blown espionage campaign designed to destroy the business of Debbie Cook and Wayne Baumgarten.  Their sin?  Asking that Scientologists follow Scientology published policy. On the 27th day of Miscavige carpet bombing, Miscavige paid one of the priciest law firms in San Antonio Texas to slink through the back door of the Bexar county courthouse to obtain a temporary restraining order against the Baumgartens.  There was no prior notice given to the Baumgartens.  The order was a prior restraint on any communication by any means by either of them concerning David Miscavige and his empire of hypocrisy.   The order was based solely upon Debbie’s email of 1 January that took exception to Miscavige’s Fraudulent Idle Orgs program, and other financial scams.

Having used state court process to muzzle Debbie’s clarion call for Scientologists to cease violating Scientology policy by ceasing to comply or support Miscavige’s off-policy, fraudulent financial scams, including the Idle Org scam, Miscavige flew to Sacramento this weekend to serve as the Howdy-Doody MC for yet another Idle org scam grand opening.  Per local media reports the Sacramento Idle org cost 10 million dollars.  10 Million dollars for an org that I guarantee you hasn’t made anywhere near 10 million dollars gross income  in its several decade history.  An org, like most others to date, already driven by Miscavige into a lifeless morgue.

There is a lot more actual first-hand knowledge that Debbie Cook has that Miscavige is even more keen on burying from the light of public scrutiny.  Not a single iota of it has anything to do with business information that in certain cases could be protected from disclosure by state process; such as trade secrets or other proprietary confidential information. What Miscavige wants hidden are facts that could and should wind Miscavige up in a penitentiary for a good long time.

False Imprisonment.  Aggravated Assault.  Torture.

Meanwhile, in order to cover up such atrocities on Miscavige’s part, the gangster has had “church” troops embedding his name within dozens of fraudulent websites about the church’s alleged allegiance to the cause of human rights.

When the Tampa Bay Times sharply calls out Miscavige on hypocrisy it is right on, even if it is only touching the tip of an ugly iceberg.