“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.

Corporate Scientology vs Captain Scientology Mecca

 

also, in case you missed it, first interview with Debbie’s attorney.

“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.

Flag Services Org Inc v. Debbie Cook

David Miscavige has ordered Flag Service Organization to sue Debbie Cook and Wayne Baumgarten in order hide his own crimes.  The suit is summed up competently in a story just released by the Tampa Times, Flag Service Org Inc v Debbie Cook.  Also see Village Voice coverage.

I predict the litigation will make clear that the sole intent of suing Debbie is to stifle the revelation of just how David Miscavige authored and dictated compliance to every off-policy action protested in Debbie’s 1 January email.

Miscavige had virtually all of the OSA (Office of Special Affairs, dirty tricks and propaganda arm of Corporate Scientology) Network working feverishly for the first 26 days of January to destroy Debbie’s and Wayne’s business and to deplete their finances so that he would have an easy, broke target.

There is an evidentiary hearing set for Thursday 9 February 2012 at 9 a.m. in the Bexar County 150th District Court in San Antonio Texas.  At the hearing Scientology Inc will be attempting to make the restraining order, obtained with no notice to the defendants, valid until the end of trial on the merits.

I have it on good authority that Debbie and Wayne are not backing down to the Scientology Inc muzzling machine.

They have established a legal defense fund of their own at Debbie’s personal website – Debbie Cook Baumgarten, see top right column of home page.

All donations made at this blog will be transfered to Debbie’s defense fund.  All future donations to the defense of Wayne and Debbie should be made directly to Debbie’s site.

Thank you to all who donated in advance here. I believe it is doubtful that this matter would have made it to a full, public airing absent the contributions that you all made in advance.

Disdain For A Valuable Human Life

I have just examined the death certificate of L Ron Hubbard’s closest friend, Ann Marie Tidman.

Annie.Tidman.Death.Certificate

The certificate indicates that the manner in which Miscavige treated Annie and her family was far worse than originally reported here on 14 January, Ann Marie Tidman In Memoriam.

Please examine line 107 “underlying cause” of death.  It notes “Non Small Cell Lung Cancer” with a “time interval between onset and death” as “14 Months”.

Given that her date of death was 14 June 2011, that puts the onset of the lung cancer as mid April 2010.  That means when John Brousseau learned of her lung cancer it was right at its onset, since JB left the Int base in the last week of April 2010.

Our efforts to inform Annie’s family on her condition behind the walls of Miscavige’s prison began immediately upon JB’s escape.  That was because I predicted to JB that Miscavige would keep this matter a secret until her death so that no one would have an opportunity to hear the truth from her last years with L Ron Hubbard.  We agreed that the only chance for her recovery was for Annie to be as far away from Miscavige as possible as he had a vested interest in her passing quickly and quietly.  And that is why we set the machinery in motion immediately.  That is also one of the reasons why JB and I traveled to the Int base on June 5, 2010, see post report The Citadel.   Before we made the loud, overt approach reported in the post, we attempted to call Annie’s cell phone to inform her we were in the vicinity to assist her to escape.  Annie did not answer the call.

That Miscavige prevented family knowledge of the disease through and beyond her death is inhumane.  The felony is compounded by the death certificate which tells us that Annie was ordered by Miscavige to withhold her condition to her family from the onset; a point in time where cure was clearly possible.

Next, please note line 26, name of informant.  “Catherine Fraser” is the Port Captain for Miscavige’s prison camp known as the International Headquarters at Gilman Hot Springs California.  The Port Captain’s first and foremost duty is to obstruct the discovery of and cover up any crime committed by David Miscavige.  But, here is the damning part – look at the four letters by Ms Fraser’s name DPOA.  Wikipedia defines DPOA as follows: DURABLE POWER OF ATTORNEY: Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes “incapacitated,” meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called “power of attorney with durable provisions” in the United States or “enduring power of attorney” elsewhere. In effect, under a durable power of attorney, the authority of the attorney-in-fact to act and/or make decisions on behalf of the grantor continues until the grantor’s death.

With malice aforethought David Miscavige had Annie (in who knows what state) sign over her right to make decisions concerning her own life to the Port Captain Gold (who is an unquestioning Miscavige loyalist; if you doubt that see Ms Fraser’s performance on Anderson Cooper’s Mar/Apr 2010 series Scientology: A History of Violence).

Finally, please see line 1 place of death “address”.  It is marked “1830 N Bronson Ave, Los Angeles, CA”.  That is the address of the apartment building for Celebrity Center International staff directly across the street from the Church of Scientology Celebrity Center.

For the last several months of Annie’s life her family tried to reach her by phoning International Headquarters.  The phones were answered by staff whose handling of such calls is closely monitored by the Port Captain (Cathy Fraser) who told Annie’s family that Annie was too busy working there to be bothered with them.  The family, out of respect for Annie, and for her eighty-one year old Sea Org member mother at Scientology Inc’s Clearwater Florida center, respected “Annie’s” wishes (ordered communicated no doubt by her DPOA under the micromanagement of Miscavige).  All the while Annie was dying in Apartment 336 smack dab in the middle of Los Angeles, where a visit from her family could not possibly have bothered the tyrant’s security or privacy concerns or even distracted him from the innumerable other cover-ups consuming his busy day.

As a last macabre note, see line 40 – location of delivery of the body cremation remains – 19625 Gilman Hot Springs Road, Gilman Hot Springs California, Scientology Inc Headquarters compound – right into the hands of Miscavige’s designated DPOA.  It was not until six months after Miscavige personally disposed of any remaining trace of the body that Annie’s family even knew of Annie’s passing – and only then because we made it known.

This investigation is not over.

Thanks again to Karen De La Carriere for her deft deployment of  investigative resources.

Indies Day 2012

by Christie Collbran

Plans for the 3rd Annual Indie 4th of July Party are well underway.  This year we will gather in a State with more miles of waterfront than Hawaii, California and Florida combined, location of the largest Mall in the United States, state where waterskiing was invented – the land of 10,000 lakes: Minnesota!!

It will take place over the weekend following the 4th of July (July 7th & 8th). The weather in Minnesota in July is party perfect!

We have chosen a wonderful facility for our event this year. The specific details will be sent to you by private invitation. Here are just a few of the activities that will be available:

Swimming in a lake or a pool

Relaxing on the beach

Pontoons

Paddle boats

Ski boats

Fishing

Canoeing

Hiking

Bonfires with Smores

Karaoke

Basketball

Volleyball

Tennis

and much more…

If you plan on flying, book your flights to the Minneapolis St. Paul airport (MSP). Arrive and depart when you like, but most activities will take place on Saturday July 7th and Sunday July 8th.

Invitations with more details will be sent out soon. The event is being hosted by the irrepressible Natalie Hagemo, with the help of Christie Collbran.

All Independent Scientologists, and supporters are welcome. The only qualification to be invited is your public announcement of your independence or departure from corporate Scientology.  OSA and company can hold their own party all by themselves.

If you would like to be invited and you have not received an invitation within the next two weeks, please send an email to Natalie and Christie at: Indieparty2012@gmail.com.

Miscavige’s Religious Freedom Crusade

Remember the Religious Freedom Crusade in Portland Oregon in May 1985?  When a 39 Million dollar hit for having the temerity to try to help a woman out with a Comm Course got Scientologists’ backs up and they did something about it? Back when Scientology men were men and not mice, and Scientology women weren’t walking down the street dragging their knuckles on the pavement?  After a lot of good folks sacrificed valuable time, energy and resources over several decades, Scientology finally was recognized as a religion and has been provided relative immunity from attacks intended to destroy the right to peaceably practice it.

Well, compare those days to today.  Some may recall that David Miscavige sent down teams of 4 to 6 people at a time to overtly harass my wife and me in our driveway, at restaurants, on the beach, virtually every where we went for 199 days, see His Town by Jason Sheeler.   The publicly stated intent was to prevent me from practicing Scientology. It was doomed from the outset; sheer lunacy to attempt to strip me of a right I fought my entire adult life successfully to exercise, which not so incidentally allowed every Kool Aid drinking Corporate Scientologist the same right.

Well, let us take a look at how David Miscavige is spending that hard fought, religious freedom capital these days.  The letter below, in the name of Norman James Moore III but clearly written by the late William C Drescher III (long time in-house counsel for Corporate Scientology), illustrates just how low the Corporate Scientology machine has come.   Aside from taking on the patented Miscavige characteristic of playing the perpetual victim, take a look at the charges of religious discrimination.  Does it get any sillier or more pathetic than this?