Tag Archives: marty rathbun

“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.

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?

Miscavige vs Marty: An Unfair Fight?

Tony Ortega at the Village Voice just published an interesting piece, Scientology vs Marty Rathbun: An Unfair Fight?

He opens with David Miscavige’s epic film on a guy he calls Kingpin Rathbone. It took millions of dollars in production costs to mock up this character that is so bad ass he apparently has David Miscavige shivering in fear in his high desert compound.

As Tony astutely points out Miscavige is so obsessed with fighting long-ago settled issues, he apparently has no cognizance of the tide lapping at the threshold of his bunker.

By the by, I don’t think the fact that Miscavige rushed to get his “production” out on the day that Texas Monthly exposed his sorry cult was lost on anyone.

His Town by Jason Sheeler

 

The latest, and probably the last, chapter in the “Squirrel Buster” drama has been published in the February edition of Texas Monthly: the national magazine of Texas:  His Town, by Jason Sheeler.

The link will take you to an excerpt of the beginning of the article.  If you register below that (it is free), you can get access to the rest of the lengthy article.

For those who might have missed it, Corpus Christi Caller Times readers voted  the SQB saga as the story of the year, and it too did a wrap up article a couple of weeks ago, Squirrel Busters Leave Ingleside on the Bay.

God bless the Orrs, the Isbells and the rest of the good people of Ingleside on the Bay Texas.

‘Nuff said.

To Those Suing or Considering Countersuing the FSO

I’ve got more than one hundred and fifty million reasons why Miscavige ought to watch his blustery, threatening step.

The following information gives the state of reserves of the Flag Service Organization Incorporated, as of December 2009.  It is written by its highest ecclesiastical officer at that time.  It was sent, as a similar report is sent weekly, directly to David Miscavige, Chairman of the Board Religious Technology Center (the organization that is alleged not interested in stats or money in the slightest, but only in the purity of the application of the technology).

Please let us know how they respond to discovery as to what the FSO’s liquid assets are; their ability to pay back what they hold for you; and perhaps in other contexts what the value of your services to them might have been worth. We’ll provide you with more reports on how these balances changed over time along with unimpeachable witnesses to corroborate the information.

I anticipate the FSO will be claiming (perjuring itself) in court that any number of these accounts do not belong to or are not in the control of FSO.  Well, technically, they’d be right – the guy who controls them is the guy who receives the direct report each week, David Miscavige (and that would seem then to justify roping him into deposition to find out why he is withholding your money in trust when he’s got 150 million to play with).  But, legally they’d be wrong – this report is generated every single week by the highest ecclesiastical officer in the Flag Service Organization Incorporated to the highest ecclesiastical officer in all of corporate Scientology, certified weekly as the RESERVE ACCOUNTS OF FLAG SERVICE ORGANIZATION INCORPORATED.

Just getting prepared.

THE INTERNAL FLAG SERVICE ORGANIZATION REPORT TO MISCAVIGE:

10 December, 2009

RESERVES

The following was added to reserves:

                                                This week        Added in:    Disbursed:         Balance:

SUPERPOWER accounts:

Superpower funds              $60,395,201   $44,626                                 $60,439,827

Org Reserves accounts:

FSO Reserves                           $679,532                                                       $679,532

FC Reserves                              $438,194                                                       $438,194

Total Org Reserves:            $1,117,726                                                       $1,117,726

 

SOR Accounts:

BFA FC                                     $562,750          $15,744                                $578,494

GLF FC                                      $1,090,806       $15,744                                $1,106,550

BFA FSO Accounts                    $3,114,524       $129,084                           $3,243,608

GLF FSO                                    $37,679,781    $140,054                            $37,819,835

Other SOR accounts at Flag      $6,369,020                                               $6,369,029

(CMU, Property)

 Total SOR accounts:            $48,816,881    $300,636                             $49,117,517

 

HCO Book Accounts:             $39,270,463    $242,324       $141,013    $39,371,774

TOTAL IN ACCOUNTS:       $149,600,270   $587,585      $141,013 $150,046,845

________

Debbie Cook and Wayne Baumgarten Update

While this group is still a bit amorphous to the liking of some, it is damn effective.  In just about twenty-seven hours you all contributed what I predicted we would likely collect by Friday.  And that figure is what I thought it would take to reverse the vector of attack from Debbie and Wayne and re-direct it back onto her tormentors.

You all acted nearly spontaneously from fourteen different States of the US and six countries.

I estimate that the amount we have to work with is about 1/20th of what Miscavige has already spent in legal fees alone in mounting his attempt to crush Debbie and Wayne.   But that is one major difference between corporate scientology and Independent Scientology.  The business of attempting to kill and bury truth is one heck of a lot more expensive than is the activity of purveying and nurturing truth.

Our first point of strategy is simple, taken from the Tao:

Men are born soft and supple;

dead, they are stiff and hard.

Plants are born tender and pliant;

dead, they are brittle and dry.

Thus whoever is stiff and inflexible

is a disciple of death.

Whoever is soft and yielding 

is a disciple of life.

The hard and the stiff will be broken.

The soft and supple will prevail.