Abuse of Process – David Miscavige

Abuse of Process is a civil violation of law.  An Abuse of Process is accomplished when the court’s processes are used for an improper purpose – a purpose other than that which a party purports to use that process for.

In my professional opinion David Miscavige has used the Bexar County District Court for purposes that are improper and fraudlent.  That is assuming that the Tampa Bay Times has reported straight facts this evening.

The Times reported on the Scientology Inc v. Debbie Cook case as follows:

 The agreement dated Monday allows both sides to essentially call it even and go their separate ways. Neither pays the other side money, and Cook and her husband are legally prohibited from ever again speaking ill of the church.

I am willing to bet everything I own that this is a blatant, outright lie lodged with the court for the purposes of making David Miscavige somehow look innocent of the testimony laid on his ass on 9 February 2012: Debbie Cook Testimony

Since David Miscavige has instructed his lawyers to fraudulently use the court’s processes to lie in order to cover up his serial criminal acts committed against a woman, I will weigh in with my professional opinion.

You can take it to the bank that Miscavige agreed to pay Debbie Cook and Wayne Baumgarten seven figures, at least two times – and possibly three times  – over to make them go away.

In fact, I have bet everything I have on it.  That is because if I am wrong, David Miscavige has every means available to haul me into court.

Bank on it that the bitch won’t bring it.

Bank on it also that I will stay on this like white on rice.

202 responses to “Abuse of Process – David Miscavige

  1. Kevin Stevenson

    “Unlike him, neither you nor I have anything to hide.”
    This can’t be real. The both of you can bury this guy in an instant.

  2. Geeze what a fucking show! If the people of Earth had an inkling of what was at stake here this would be the tune in channel of the universe! For whatever reason, I am thinking one bourbon, one shot, one beer!

  3. An analysis by someone on VV who appears to know legal stuff suggests that if Co$ had a significant chance of winning they should have gone ahead because winning would have meant validation their gag agreements and the conditions under which they were signed.

    Another thought, I haven’t seen the exact wording but I gather that Cook and co cannot reveal what they know rather than not being able to mere speak ill of the church of scientology.

    If this is precise surely one can deduce: Cook and co know things the Church of Scientology does not wish others to know.

    Based on previous testimony one can deduce the nature of what that is, that it would involve eye witness testimony to abuses and degradation at the hands of the church of scientology at the very least.

    Based on the fact the church of scientology sought such an agreement one can deduce they would have no other reasonable legal recourse were Cook and co to reveal what they know other that said order, meaning it presumably would be difficult if not impossible to disprove the veracity of said knowledge.

    As with Jan Eastgate, were there no actual guilt surely the accused, Jan Eastgate or the church of scientology, would want their day in court to clear their names?

    In this case both parties, certainly Jan Eastgate, seems to think the turn of events shows their innocence. It doesn’t and if anything this very attitude displays guilty relief rather than innocence.

  4. Honestly, I feel extremely sad for Debbie and Wayne. They have missed perhaps THE greatest lesson of all — a lesson we can learn when we are alive instead of when we die.

    That in order to have “eternal” life – you must die – the Self must die, the EGO must die.

    While I don’t consider myself a “Christian” these words that I’ve heard throughout my life made sense to me only once I had LOST everything. Which included my physical health, having had the same malady I believe Debbie has – fibromyalgia … (which I no longer have)

    Mark 8:34-35 (NIV) Then he called the crowd to him along with his disciples and said, “If anyone would come after me, he must deny himself and take up his cross and follow me. FOR WHOEVER WANTS TO SAVE HIS LIFE WILL LOSE IT, BUT WHOEVER LOSES HIS LIFE FOR ME, WILL SAVE IT”
    (caps mine)

    This does not mean TO ME that one must “believe” in Jesus Christ but TO ME it means that one is able to DIE to his ego and find the true SELF within.

    THAT self is immortal. And joyful.

    The Self that owns stuff, has a FB page, has an “identity”, accumulates wealth to feed and house the Self — is a construction, it is compounded and thus it is IMPERMANENT and will change constantly and it will suffer. No amount of money can make it PERMANENT, as it is compounded.

    Love,
    WH

    • I realized that putting “Christian” in quotes appeared demeaning and I didn’t intend that. I simply meant that I didn’t follow a particular Christian religion but I do consider that I try to follow Christian core principles.

      WH

    • Totally got you, Windhorse.
      “If anyone would come after me, he must deny himself and take up his cross and follow me.”
      “Coming after me” is following the eternal principle as he did.

      In the new testament Jesus often says “if you believe me”, which actually does not mean “if you pray to me”. He wanted people to look and understand the Principle.
      “I and the Father are one.”
      Not necessarily in sphere of influence but in quality.

      A Tao that can be defined, is not the eternal Tao;
      concepts that can be conceived, are not eternal concepts!
      (from Tao Te Ching)

      • SKM: “I and the Father are one.”
        Not necessarily in sphere of influence but in quality.

        This is another of my favorites which took me quite awhile to “get” —

        Just as I am the buddha, you are the buddha etc — the QUALITY is the same.

        It’s getting TO this quality that auditing helps with, that prayer helps with, that meditation helps with — but in the END — it’s the individual who must make the ultimate sacrifice and DIE to the ego to meet the father … to meet himself.

        Love,
        WH

        • wh,
          The easiest thing for a thetan to become is one of his ideas. It’s so close, so fine, so light, at first. Thus an “ego”.

        • Absolutley got you, Windhorse.

          So many prophets and wise man tried to explain this concept of eternal truth but it is not possible to communicate it:

          Any space, energy, form, object, individual or physical universe condition can exist only when an alteration has occurred of the original as-isness so as to prevent a casual view from vanishing it. In other words, anything which is persisting must contain a “lie” so that the original consideration is not completely duplicated.

          Thats why the “concept” can’t be grasped in such a way that it could be well communicated. And this concept isn’t even physical (mest) which makes it much harder to grasp.

          Any religious, theological, philosophical teaching is an alteration of the original concept. That’s why we have so many different “schools” in Buddhism, so many Christian branches and other religions.

          The only thruth there is, is the truth we find ourself.
          I am not a religious man. No more.
          Not in the meaning of the word as it is used today.
          I do like all religions and viewpoints. I talk to people of all religions about their beliefs. And this is an interesting journey.
          Scientology is a helpful tool on the way to truth. Without it I wouldn’t have started yet. :-)

          Love,
          SKM

          • Sorry, I used a quote and it wasn’t empfasized.
            Here comes it again:

            “Any space, energy, form, object, individual or physical universe condition can exist only when an alteration has occurred of the original as-isness so as to prevent a casual view from vanishing it. In other words, anything which is persisting must contain a “lie” so that the original consideration is not completely duplicated. ”

            – LRH, excerpt from SCN-Axiom #29

    • Windhorse,
      I urgently need help on fibromyalgia.Can you please contact me at bridgethegap555@hushmail.com.

  5. Dear Debbie,
    from the beginning of this year I hoped that you’re not a kind of Galileo Galilei.

    Galileo’s championing of heliocentrism was controversial within his lifetime, when most subscribed to either geocentrism or the Tychonic system.
    He met with opposition from astronomers, who doubted heliocentrism due to the absence of an observed stellar parallax.
    The matter was investigated by the Roman Inquisition in 1615, and they concluded that it could only be supported as a possibility, not as an established fact.[9][10] Galileo later defended his views in Dialogue Concerning the Two Chief World Systems, which appeared to attack Pope Urban VIII and thus alienated him and the Jesuits, who had both supported Galileo up until this point.
    He was tried by the Inquisition, found “vehemently suspect of heresy”, forced to recant, and spent the rest of his life under house arrest.

    – from Wikipedia

    And I still do. Not only for the sake of Scientology, the only workable technology and it’s future fruits, but for your own well being.

    There is a way. Unfortunatly a beast is sitting right on the pipline of the source.

    Thank you for your New Years Message as it helped me and my wife to disconnect from the suppression.
    It also helped me to help others to see the current scene of the Church.
    Thank you.

    Love to you and your family and to those you love.

    • The same old LDW

      Let’s not forget that the truth Gleileo saw is now common knowledge.

      And even today there are a few members of the “flat earth society.”

  6. This simply shows where Debbie’s loyalties lie. She looked out for Number One (and Two). Perhaps she is tired and disillusioned and just wanted to move on with the rest of her life. Maybe health factored into her decision.

    As far as my dono, she can keep it. I got my money’s worth. I am disappoint but it was her decision to make.

    disinfected

  7. If you are angry enough, speak out about what you know. Put yourself out there. Show dm he doesn’t still control you. You may not like that Debbie settled but you have to at least give her kudos for speaking out.

    Martha Greene

  8. Being unaware of the actual agreement, I cannot comment upon it.

    Personally, I’d like to have seen the ‘rest of the iceberg’. Given what is truely at stake here, the existence of the tech, the good name of LRH and Scientology, the reformation of an organization which is capable of enormous good for us all, to me that would outweigh concerns of personal comfort. It seems Debbie had an arsonal she could have used to bring about a greater shift in the downward spiral of the CofS, and I’d like to have seen it used. To not do so … well …

    I’ve never been in a situation of such personal duress as was Debbie and Wayne, so it may be somewhat out of line for me to be critical of their actions. In their shoes I have not tred. I would like to think that I would have gone forward, taken DM to court, regardless of the torpedos, soley to bring that sprial to a concusion. I’d like to think I could survive that.

    Regardless, I wish Debbie and Wayne well, and I hope they do try to continue up the Bridge.

    b

  9. Debbie will do the right thing she has lots of integrity!

    • Rory, respectfully – she’s toast, done, not just out of the game she is out of the park. Never, ever to be heard from again. Probably house shopping in the islands somewhere

  10. I certainly understand why Debbie and Wayne got out of this particular game. I see certain people faulting them here. Well, unless the critics of Wayne and Debbie have walked the litigation path with the Church down to the end, they really aren’t in a position to express any credible criticism.
    Of course, understanding it doesn’t equate to liking the outcome, but I can’t fault their actions.
    What I really don’t like is what temporary pump-up effect this settlement, along with the incompetence of the Australian prosecutors in screwing up the Jan Eastgate prosecution, might bring to King Squirrel and his Nuts. He probably thinks he has performed brilliantly once again after his sycophants screwed it all us, and that he is invulnerable. His army of Nuts probably are just breathing a sigh of relief that these particular situations are over, and King Squirrel will not be beating them futher over these.

    • HN:

      He probably thinks he has performed brilliantly once again after his sycophants screwed it all up, and that he is invulnerable.

      No doubt.

      And that is EXACTLY the mindset you want him to have. It’s from that position that he launches his most self-destructive footnukes.

  11. As pissed off as I am about the latest developments in this case, the fact remains that Debbie DID open the eyes of quite a few people with her New Year’s email and still more with her testimony in Texas.

  12. WTF Debbie? Where is your integrity? You really let a lot of us down. We were hoping for more from you. All that money Davey awarded you is not going to move you one inch on the bridge. By settling you left the back door open for the shock troops. I’m not happy at all Debbie.

    Tom

  13. Am I absolutely crazy but wasn’t nearly everyone applauding Debbie just 24 hours ago in the previous posting?
    WTF?

    Ted

    • Ted,
      I’m not sure about “absolutely” but I mean, you DO have a pig that you take in your boat :-).

      I’m studying the 9th ACC which explains in detail Dianetics 55. The absence of an answer can stir up all sorts of stuff, all sorts of earlier similars. I think that may apply here.

    • Bulletproof – Here is WTF simple – I can can take my GF to Europe for a month and I’m a great guy…right? The day after we arrive back I am cheating on her – instantly I am truly an asshole. Yes that quick and rightfully so – I am a betraying jerk

  14. Can anyone explain why this agreement has more validity than the first one?

    If she wants to reveal “the rest of the story” or what’s under “the tip of the iceberg” now she has the means to consult lawyers and make sure what she says does not break the agreement – and she has the means to defend herself should she be sued again.

    And does anyone think David Miscavige will sue her ever again.

    I just hope we have not heard the last from Debbie Cook. And I hope it will be less than 5 years this time.

  15. Random Stranger

    DEBBIE AND WAYNE’S SECRET MANDATED FP BATTLE-PLAN:

    1) Buy Tom Cruise that custom-built motorcycle with inscription on the fender that says, “Ha, ha, ha, I was just kidding about COB’s abuse! Love, Debbie”, as per DM’s instructions.

    2) Escrow money for yearly birthday gifts to DM in perpetuity, as per his instructions.

    3) Buy video camera to capture pin-sticking of the Haitian voo-doo dolls of Marty and Mike so footage can be streamed live to DM, as per his instructions.

    4) Get that special software that prevents us from ever writing anything on any New Year’s Eve, ever, ever, ever, as per DM’s instructions.

    5) Buy that time-share condo in Curacao so we can see the Freewinds from patio window, as per DM’s instructions.

    6) Send out generic thank you disconnection cards to all those who donated to our legal campaign, as per DM’s instructions.

    7) Buy 100 sets of special edition, gold-gilded, large-print DM-signed Basic Books in titanium cases, as per DM’s instructions.

    8) Make substantial donation to Squirrel Busters for some new helmets, commemorative edition t-shirts and liposuction, as per DM’s instructions.

    9) Hand-write secret confidential personal letters of apology and retraction to all 12,000 recipients of our New Year’s email, as per DM’s instructions.

    10) Get some of that health care we’ve been looking into.

  16. Marty thank you for all you do. Mike that goes to you too. This scene serves to me as a reminder as to the tremendous integrity you guys have.

  17. Thank you Marty, for your sense of justice, and willingness to act. You speak and act for many.

    Money for silence…………………………. seems slimey.

    Time for a shower.

  18. I’m happy that Debbie’s court testimony given under the penalty of perjury will always be available for people to view on the internet. However, I’m disappointed she didn’t follow through. For a second, I thought this was all about standing up for what is right. For a second, I thought this was an opportunity to stick a hot poker up the arse of Corporate Radical $cientology and wiggle it around with a devilish grin on one’s face. But at the end of the day, it was all about money and doing the “safe” thing. At the end of the day, Debbie allowed her integrity to be compromised, but who am I to judge her?

  19. NOW STUDENTS GET YOUR MICROSCOPES

    SEE HOW THE MISCAVIGE VIRUS PREDTENDS TO GIVE UP
    AND WITH DUMP TRUCK LOADS OF MONEY PLACATE A BIO THREAT.
    THIS IS WHEN THE MISCAVIGE VIRUS IS MOST DANGEROUS
    AS IT WILL TEACH US A LESSON. NOT RIGHT AWAY BUT EVENTUALLY
    AND THE BIO THREAT WILL PERISH WITH NO ALLY TO TURN TO.
    TOP FOUR DEADLY DISEASES

    1.DAVID MISCAVIGE
    2. E BOLA VIRUS
    3.AIDS
    4.FLESH EATING DISEASE

  20. What a huge disappointment. The freedom to communicate is not a commodity that one can sell. I guess Debbie changed her mind and feels that what is going on in the Church is just fine or is willing to be paid to assume that stance.

  21. Debbie and Wayne are muzzled. Is their lawyer as well? Is he prevented from representing others in their former situation and with what he now knows? I would imagine if he gets a cut of any under the table buy offs he would have to also agree to shut up?

    One “EP” sought was for others who had been forced to sign such ‘agreements’ to know they weren’t as binding as they may have been led to believe. The lesson learned from this is, “Come on out to the sunshine.”? or “Go back and get a $#!+ load of $ to shut up”? or both?

    I have not walked in Debbie’s shoes. I did not mortgage my home to donate to her. I did not “give till it hurt” but only what I felt comfortable with.

    Thanks Marty.

  22. Just re-read “An Update From Debbie” (http://markrathbun.wordpress.com/2012/03/15/update-from-debbie/). For someone who claimed to be on a “quest for truth and justice”, and that the “out ethics at the top” of the church “can’t be allowed to go on”, perpetuating suppression by accepting a huge pay off in exchange for silence seems rather…errm…odd (being polite here).

    “It is a real shame that parishioners’ hard earned money is being used to cover up the crimes and gross human rights violations being committed by the ‘leader’ of Scientology.” — Debbie Cook.

    Yeah. It really is. And now it’s in your bank account.

    Excuse me while I throw up.

  23. What? We thought Captain Cooke was going to ride in, “save us all” and “lead us to ultimate victory”? Was never going to happen but she did help nevertheless. And Debbie will get whatever Debbie is going to get based on her decisions and actions. But let’s not forget, that’s true for all of us.We live by what we do or don’t do. And remember, the overriding wish to have, look to and rely on a tiny number of leaders has been Scientology’s biggest problem since it all began. It literally plagued LRH. All he ever wanted was for those that benefited from Scientology to take a little responsibility for it and push it along. Where that happened, Scientology expanded.

    Alas, that craving for leadership , that hope that someone else would come along and take full and total responsibility for Scientology is one of the main reasons we have David Miscavige today..

    As LRH said: “The giddy diaper days are over.” Don’t think it has ever been truer. And I don’t think it has ever been truer that Independent Scientology is going to be what WE make it. And the encouraging word on the street is that we are making more of it every day.

    • :) Perfect Haydn.

    • The same old LDW

      Great discourse Hayden. Each of us needs to assume the status of full source and cause of our actions or inactions and quit blaming any “leader” for one’s owns decisions or failures (or successes for that matter).
      Each independent scientologist is the ruler of his own kingdom and we work together freely as we agree to work together.
      We don’t need no stinkin followers…we each need to lead our own dynamics.
      There’s a tremendous amount of room for co-operative action. But it’s just got to be from a level of personal responsibility.

    • Haydn, this is exactly what I thought – you of course stated it so well. Debbie and Wayne weren’t going to handle this for us and I never looked to them to do so. They dealt a damned good, harsh and deep blow though. Good on them. They’ll have to figure out their eternity too, just like I do.

    • Haydn – Thank you for this. Well said

  24. For crying out loud, Debbie, why?

    You only had to ask, I’d have given you every scrap of everything to help.
    You know how important this is.

    I still love you anyway.
    Richard Kaminski

  25. It was never going to be easy.

    But the seed has been sown. As a result of Debbie’s actions, many a scientologist became aware of what was really going on within the “church”.

    The word is quietly spreading – faster and faster.

    Right now, it is a silent revolution.

    The worm of truth is gnawing at he evil fruit.

    Soon we will outnumber the robots.

    And we will speak out.

    And they will have to crucify ALL of us.

    And they will turn to their leader and say: “O Great One, what shall we do? All the parishioners are gone. The church is no more.”

    And he will say: “YOU did this, you stupid, incompetent f**ks!”

    And he will retire to his bunker with a handful of loyal robots and try to find solace in counting his loot.

    And then, one day, maybe on March 13, the Hand of Justice will knock on his door.

    “This is the police. Drop your copper rods and come out with your hands over your heads!”

    And he will reach for the gold and diamond Colt that Tom gave him for his birthday last year…

    And he will squeeze the trigger.

    And the Colt will jam. Click.

    And his robots will suddenly snap out of it and realize that the Great One is so stupid that he can’t even shoot himself.

    And a year later, after the Great One’s trial, where he is sentenced to life for the murder of Lisa McPherson, the new Paul Haggis movie, “The Cult” will be nominated for ten Academy Awards.

    It will win five: best movie, best director, best original screenplay, best music (Beck) and best actor (Steve Carell as “The Great One”).

    A perfect Hollywood ending.

    As to the church, what will become of it?

    Only time will tell…

  26. Let`s review:

    Debbie sends an email to her list of friends. Email is considered to be a private messaging system. Her message was to CHURCH Scientologists in good standing. Had it been otherwise, she would have posted on a public website. She obviously knows how to set up a website and post to it.

    The email was given to the media by someone. She did not give the email to the media. She is prosecuted by the Church. I do not think that she ever intended to go public via media and this blog and other media outlets.

    Even as she accepts assistance from the Independent field, she publicly states that she is a Scientologist and that she subscribes to the philosophy, policy and aims of Scientology. She does not indicate a disagreement with the existence of the Sea Org. She does not indicate any interest in the total destruction of the Church. She indicates she wants to follow LRH policy. She is VERY upfront about it. The donors were given a head`s up as to her intentions. LRH policy is very clear even early on as regards to speaking ill about the Church or Scientology.

    I`ve carefully read the articles about the settlement. There is no statement to the effect that she has been given money. That is pure speculation.

    Did she do what SHE intended to do is the question here. Others jumped aboard with their own intentions and the Church stupidly acted in ways that forced her into acting against the Church, something she publicly stated she did not want to do.

  27. Yesterday I was unhappy about Debbie’s settlement. Today, well, is a new day and time to get on with it. In closing this out for myself, I can’t help but wonder if her escapade of 3 1/2 months, wasn’t entirely self serving. Time will tell.

  28. The same old LDW

    Marty, do I have this straight? That all of the players can sit down and hammer out an agreement and settle up, but the court statement says something entirely different that what was actually settled behind closed doors?
    Les

    • I am sure it is not “entirely” different. Just that thang about who zoomed whom monetarily. In either event, the little thang makes it fraudulent in my view.

      • Settlement agreements, normally, dictate what can, and what cannot be said in public about the settlement. A settlement agreement can, on the one hand, be so extreme as to prohibit both sides from saying anything in public, or on the other hand, the settlement agreement can actually be published widely. It depends upon, basically, what the parties to the settlement agreed upon.

        There is no way to know what the parties agreed upon, and certainly the Tampa Bay Times has no idea, unless you actually read the settlement agreement itself.

        And, people who are not parties to the settlement agreement can say anything they want about it, guess about it, characterize it, imagine what it said, assert they are sure it included a provision turning the Sun red, for example … speculation about what the settlement agreement said, or who paid who … is everyone’s right. Speculate away. Give it your best educated guess. Miscavige can’t sue you for guessing — AND unless the settlement agreement specifically forbids him from characterizing it in public, he can say what he wants about it. The only person who can complain, legally, about his violation of the settlement agreement … is Debbie Cook.

        • If I am understanding the published document correctly, it is not a “settlement agreement” as such. It is an “injunction” issued by the court on it’s own terms, but with the agreement of both parties. Presumably it was negotiated with the Judge behind closed doors with both parties present.

          There maybe a separate “settlement agreement”, but we don’t even know that such exists, or under what circumstances it was negotiated, if it was negotiated.

  29. FCDC Class of 74

    My mother used to yell after my brothers and I to keep our clean clothes clean,but how does one play ball and stay clean? We certainly were not going to play in our scivies. This goes to the donation of monies. The monies I sent were clean when it left and for what ever purpose it was to be used even if it turned into dirty money,thats the nature of the game and we have to live with the conditions.

  30. Its like Scientology inc. does what it always does: threats and intimidates if that doesn’t work bribe the others silence(I mean settle out of court). Once that happens they can say all former and new opponents are just telling lies and in it for the money.

    I am not sure why the standard handling doesn’t work with Mike or Marty???

  31. Folks: Cook was never one of the good guys. She didn’t speak out about crimes she witnessed, and in which she participated until her own behind was in the hole.She used the good offices of Marty and Mike and others who contributed just like the other poor saps she bilked out of their money at Flag.Now she got the payoff she always thought she should have gotten in return for the non disclosure agreement and her years of “service” to the criminal cult. All it required was the abandonment of her (presumed) ethics. And the well meaning contributors got the finger.

    • In hindsight maybe she did not give a shit about anyone and just did all this to get more money from DM! She sleeps at night knowing the other poor souls in the hole are experiencing what she experienced and she could have done something about it or at least had a chance to try! She could have helped the whole of Scientology but in the end her jan 1 email was all bullshit she did not put action to her supposed beliefs it was just used to get money from DM!

  32. Pingback: Scientology Inc v Cook – Textbook Backfire | Moving On Up a Little Higher

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