Headley case dismissals – blessings in disguise?

 

I know there has been a lot of rumor, gossip, and speculation (spiced and spun by OSA operative propaganda) with respect to the meaning of the LA Federal Court order dismissing the Headley lawsuits.

Here is a pretty factual report on the matter:

http://www.tampabay.com/news/scientology/judge-dismisses-two-lawsuits-aimed-at-scientology/1113544

Here is a more insightful commentary on the matter:

http://www.examiner.com/x-8922-Skepticism-Examiner~y2010m8d7-Scientology-wins-legal-victory-loses-public-image-war

I’ve had time to analyze the ruling and am weighing in now. While my opinion in some ways is humble, I cannot deny my twenty-two years experience in litigating the precise issues at hand, so please excuse the righteous assertions of indignation that may might find expression herein.

First, when I read the Headleys’ complaints nearly two years ago, I predicted the result would be much like what Judge Fischer ultimately dished up. It did not mean I was in agreement with it. It meant I knew what the Headleys’ signed over the years. I helped draft or approved every one of the self-serving documents SO staff are required to sign and they were very carefully designed to strip staff of their fundamental civil and human rights. I also knew the precedents we in the church had vigorously fought to obtain over the past two and one half decades. I also knew how outgunned the Headleys were in terms of representation. When it came to Summary Judgment time, and I saw the wall of lies the church put forth to defeat the Headleys’ I provided my own declaration to expose that, knowing it was a long shot, but nonetheless the right thing to do.

Having studied Judge Fischer’s ruling on summary judgment, I have another prediction. That is the Ninth Circuit Court of Appeals will strike her ruling down in such a fashion as to create high court precedent that will make David Miscavige rue the day he spent five to ten million dollars in perpetrating what amounts to a fraud upon the court.

At the risk of offending people, I need to talk about politics for a moment. Whether you like this or not, the following is a FACT. Every major judicial decision – if there is an exception or two I cannot think of them off hand – of import that the church of Scientology has obtained over the past thirty years was handed down by a right wing conservative. I know it might sound counter-intuitive at first. But it is the case. Even while in the church, and an imagined beneficiary of such rulings, I came up with an explanation for this.

Conservative judges are trained doctrinally to be “strict constructionists.” That means – don’t forget your Science of Survival – they are trained to read and apply the law quite literally. Any “liberal” judge who uses reason to interpret the law and constitution in a manner that serves the late Justice Brennan’s motto “where there is a wrong there is a remedy” – usually in a way to protect the minority or the little guy (one reason the Constitution and the Bill of Rights were drafted in the first place) – is viciously condemned by conservatives as a “Judicial Activist”. Judicial Activists are then barraged with well-financed far-right propaganda as being somehow socialist, communist or worse. It is about as fair as saying that Strict Constructionists are Fascists.

As with most isms and labels, neither extreme is very productive. Sane Strict Constructionism often protects honest, productive corporations and small businesses from the havoc that dishonest, yet convincing shysters can wreak. Sane Judicial Activism, on the other hand, often protects our democracy from empowering corporations to so abuse the public as to create a literal Fascism.

It just so happens that Judge Fischer (A George Bush Junior team appointment, a judicial appointment team who was so “strict constructionist” doctrine oriented as to be scandalous in a society with a braver press corps)  is not a deep-thinker nor one inclined to find ways to fashion a remedy where clear wrongs are apparent, particularly when a well-heeled corporation is on the defense side of the courtroom. Her ruling reflects that.

 It is as shallow as a West Texas pig’s wading hole in late August.

 She reasoned, in essence, that the Church of Scientology may visit whatever horrors it wishes behind its walls so long as it claims it is done pursuant to religious “scripture.” I happen to know that that utterly ignores an eighty year string of judicial precedent that requires such an analysis to include this inquiry, “is that religious belief sincerely held.” Fischer’s ruling is bereft of that discussion. For good reason, if one wants to punt a controversial, toughly-fought case out of one’s realm of responsibility.

Worse, Judge Fischer also ignored a twenty-three page declaration from me that detailed how in fact the acts complained of by the Headleys were not only not done pursuant to any religious “scripture”, but instead were done in violation of the letter and spirit of fundamental Scientology scripture.

One of the problems with radical Strict Constructionism (and radical Judicial Activism for that matter), is that extreme doctrinaires (or the not quite bright or courageous wanting to stay hidden in his or her own ideological camp) will ignore the facts to get at the politically correct result. Fischer couldn’t have done a more blatant job.

It just so happens that the Ninth Circuit Court of Appeals (which covers the Western United States) is probably the most liberal Circuit Court in America. Several times over the past three decades the Church has won some “great precedent” in LA Federal Court, only to have it reversed by the Ninth Circuit. Given that our judicial system has become generally more conservative and less responsible over the years, I reckon the chances are Seventy-thirty that Fischer gets reversed.

But, something interesting occurred to me in studying all this and re-immersing myself in the foggy world of courts and the First Amendment. That is, David Miscavige better pray to God that my prediction is accurate. Should the Ninth Circuit punt by affirming Fischer, or deliver an even better reasoned opinion upholding Fischer, Fischer’s ruling will be the most current constitutional law as applies to the Church of Scientology. Why should DM fear that?

If Fischer’s ruling becomes law, RTC will become virtually powerless to seek the courts’ assistance in blocking, or even harassing, independent delivery of the religion of Scientology. To quote Judge Fischer:

“Entanglement issues arise whenever the Court must ‘evaluate religious doctrine or the ‘reasonableness’ of the religious practices followed by the church.’”…

“In other words, “it is not only the conclusions that may be reached by the court which may impinge on the rights guaranteed by the Religion Clauses, but also the very process of inquiry leading to findings and conclusions.”

“Defendants here represent that the challenged conduct was doctrinally motivated. Therefore, inquiry into these allegations would entangle the Court in the religious doctrine of Scientology and doctrinally-motivated practices of the Sea Org.”

In other words, my words this time, if RTC wants to bring a case that in any way opens up an inquiry (even if raised by – as occurred in Headley v RTC – the defendant) into your practice of Scientology when your practice is Scientology doctrine-motivated, they will swiftly be shown the door by the court.

Think it through for yourself.

DM has hoisted himself upon the horns of the ole Texas Longhorn dilemma.

Marc and Claire Headley should be thanked for their outstanding work and persistence because they chased the rodeo clown right into the ‘damned if he does and damned if he doesn’t’ position he finds himself in.

152 responses to “Headley case dismissals – blessings in disguise?

  1. Finally I get it – miscavige hates you not because you know secrets (which you cleverly reveal bit by bit) but because you are clearly someone who can think with whatever circumstances appear.

    In other words because life really isn’t 100% predictable, you don’t react instead you view what IS in front of you —-

    Miscavige has become so stuck and fixed he is completely incapable of creating.

    He hates you because until he read this blog entry of yours, he didn’t have a clue that he was in a bad, no untenable position.

    It really sucks when you’ve been run into a box canyon and you think – wow – nice shelter from the rain … And thunder.

    Then someone mentions – rain? That’s not your problem it’s the buffalo that started stampeding and are thundering towards you.

    Yup – sucks being stupid.

    WH

    • Wouldn’t want to be in a box canyon when it’s raining ANYWHERE that’s higher ground. Flashfloods will kill you AND the buffalo.

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  3. Marty, Brilliant analysis! Its the old ‘catch 22’.
    Damned if you do and damned if you don’t.
    If the Headleys win, it opens the floodgates.
    If not then Independents can practice legally.
    Love it! You wizard you. Love you

  4. P.S. I was gonna say ‘Huh?’

  5. In other words, the dwarf is toast no matter which way this goes. I think some would call this a “checkmate”.

    The reverse of this is true too: Marc & Claire, you won! No matter what happens you’ve boxed that little tight t-shirt wearing, bicep flexing, thong flaunting (what I can’t even imagine), puny dwarf right into a corner. He’s got no escape route. Bolivia?

  6. Fellow Traveller

    WH — On, do I love you. I regret not mentioning this before. Thanks.

    Marty, you know this is no slight on you. If you don’t, I’ll connect a few dots later. 🙂

    Now at a later point I will reread the entire post for my own.

  7. Extremely interesting analysis!

    Do you think that DM and his crew of lawyers have ever considered that angle (that if the ruling stands it will also stand in regards to independent Scientologists practicing their religion)?

    I like the comment in the linked commentary that what is new is that the Church can no longer keep it’s dirty little secrets secret – and what any sane organization (and much more a Church) would do would be to reform instead of arrogantly admit to the abuses and maintain a right to continue them. Duh.

  8. I have read the rationale of the judge as well and think that there is a good chance indeed of this ruling being overturned. And your reasoning sounds convincing.

    I believe however that it would be better for the Headleys to win as that could have a real, immediate impact on the organisation with them having to improve conditions for employees which is costly.

    In the other case, I guess Miscavige makes it more difficult to sue Freezoners/Independents because they use LRH tech. Which he will never really be able to prevent anyways.

  9. Marty — I couldnt agree with you more. The problem of having this sort of ruling confirmed wasnt something I had focused on. But of course, you are right. The laziness of Judge Fischer doing such a pro forma job was very irritating when I read her decisions — predictable as hell. But you are right — that very laziness and the way she constructs the opinion to preclude any inquiry into activities that are claimed to be religiously motivated is death to any attempt to “enforce” intellectual property rights.

    Dear Leader can laugh this off, like he tries to laugh off so many other things, but ultimately this is going to rain pain on him and his umbrella is becoming more tattered every day.

    • Why am I not surprised that you and Marty don’t like the fact that the Church is getting the protection guaranteed by the First Amendment. Could it be because you are both a tad bit jealous and were unable to achieve this yourselves? I don’t buy the right wing conservative “strict constructionist” bs from Marty. How about “strict Constitutionalist?” That may be a better description. Like I said on another site, there’s been three cases so far on pretty much the same issues and all three have been thrown out of court (the two Headley cases and the Dieckman case). Three cases two different judges, two different courts. All tossed out. Not only that, the earlier ruling issued by the Judge in the Headley case which tossed out the wage claim clearly stated that the Sea Organization is a religious order and that the members of it all fall under the “ministerial exemption” to the wage / labor laws. You may not like it, but it is Constitutionally correct. The judge was totally right on the money with these cases based squarely on the First Amendment.

      • Not jealous, a tad ashamed for having paved the way for this result.

      • Amendment I
        Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

        Respecting an establishement of religion It says, It means you can establish any religion you want it doesn’t say anything else.

      • The establishment clause is not actually carte blanche to do anything within a religion. It was simply designed to prevent a state religion. For those of us who’ve lived without one, it’s difficult to understand how insidiously it can meld into the fabric of the law of a country.

        Allowing a religion to do anything without regard to human rights allows what is effectively the creation of a second state within the country, and that was not the intended purpose.

      • “strict Constitutionalist?” A real strict constitutionalist would take side with the Founding Fathers and kick the COS ass. The Founding Fathers would not tolerate this kind of behaviour.

  10. Your humble servant

    Marty,

    Legal analysis is one of your many strong suits as well!

  11. Marty,

    Yours is a helpful and fascinating analysis. Thank you.

    I have only two other words to add:

    Knowledgeable.

    Whistleblowers.
    🙂

    Just Me

  12. The Judge said Claire and Marc knew the facts before joining the Sea Org.
    SEA ORG Recruiting

    SEA ORG Recruiting is done Dishonestly, with glitter and gloss and ZERO TRUTH REVEALED.

    I do not know of any Sea Org Recruiter that reveals right there at the time of signing contract ~~

    If you get pregnant you will be forced to abort the child on Religious grounds.
    You will eat rice and beans and be on 1/2 pay or 1/4 pay if the “stats are not up”
    You will not get an annual leave, and work for years without a full day off.
    You will attend muster at 8am and work til midnight, 16 hour days with 30 min meal breaks.
    You can be assigned to Sea Org Disciplinary GULAG ~~ the RPF where you will remain
    for YEARS with all communication to family cut off, even your spouse who will likely divorce you
    during the years of separation.
    Sleep Deprivation is never mentioned in recruit cycles, yet sadistic sleep deprivation is part and parcel of
    the Sea Org.
    Enforced disconnection from own family is part an parcel of the culture even though viewed as
    repulsive behaviour of a “Church”.
    If you were hapless enough to be sent to INT Base, you would be incarcerate in SP Hole where
    Heber Jentzsch lives to this day, it actually has BARS like a maximum security jail.
    These morally repulsive mores of the “church” become more revealed on the Web by the day.
    Karendelac@gmail.com

    • Yes, Karen. And both Mark and Claire were around 16 years old when they were recruited for the Sea Org after being raised in Scientology. Hardly old enough to know what one is getting into. Such a shame.

    • Karen, yes, I noticed too that the judge did say that Marc and Claire knew the challenges that the Sea Org entailed before they joined, as if they knew what they were committing to. (I question whether they had full knowledge, but for the sake of argument accept for the moment that they did.) But the judge didn’t bother to note that they were both CHILDREN when they joined. And even if they were adults, some rights are INALIENABLE, which means SO WHAT IF THEY KNEW!

      I learnt that word from you, America!

      /sudden

    • Can someone please explain to me the difference between the “HOLE” and the RPF at int base. Are they the same, or completely different?

      • The RPF is a program started during the Apollo days to rehabilitate SO members who were messing up in a matter of weeks or a few months to complete. It was not originated by LRH, though it ran under his reign. The program was ended at the Int base in the early 2000 and inmates sent elsewhere. There are sereral SO issues in terms of Flag Orders which describes the entrance qualifications for this program and justice actions, recourse, how it’s run in terms of organization, it’s end, getting 1/4 SO pay if at all, etc. Through David Miscavige’s alterations, the RPF is endless and takes years and years to complete. One old friend who was at the Apollo with a wife and kid in the SO routed out after a decade and could not get above OT III in that time at the Flag RPF. A serious Kool aid drinker, he has rejoined the SO after a couple of years out.

        My auditor who completed me on OT IV and part of Superpower at the Int Base was highly trained Class IX and had worked for several years at the Snr CS Int Office under Ray – it took her 8-9 years to complete under DM’s Golden Age of RPF.

        The “Hole” or SP Hall as termed on other boards on the web is the creation of David Miscavige as his private jail or hole, not covered by any issue or Flag Order, and following god know what program or torture. Perhaps the only requirement is that DM considers the inmates to be SPs and to separate those from the rest of the Int Base and keep them under guard 24/7 and in a building with locked doors and windows nailed shut. The hole was created, I believe after the RPF was gotten rid of at the Int Base and inmates assigned to it only on DM’s whim. The earliest reference found on the web to this was in July 07: http://www.forum.exscn.net/showthread.php?t=1374 It was written by a friend who had just left and was decompressing.

    • How about being of legal age to give consent? 18 years old last time I checked, not 16…

  13. Yep, this is what I thought when I first read about this… if the doctrine or the way anyone practises it is not the courts business. Well…YAY!

    Yeah, thanks Marc and Claire, you guys are amazing.

    Marty, I guess you saw Tommys letter to the Times, he says you have real talent.
    He’s finally admitting it!

    I still believe you were intentionally poisoned, but I guess that’s everclear under the bridge;)

    But enough of all that, lets get back to these huge humanitarian projects the church is undertaking.

    Let’s get some children to stand in front of a volcano and merkin flag and sing patriotic tunes. Sounds like something we used to reserve for s. american dictators who had fallen from grace.

    Staff report

    Published: August 7, 2010

    PLANT CITY – If you enjoy patriotic songs, old and new, then you won’t want to miss a musical tribute, America the Beautiful.

    The show will be presented Aug. 13 and 14 at the Church of Scientology Life Improvement Center, 102 N. Collins St.

    Songs will include such patriotic standards as “You’re a Grand Old Flag,” “Yankee Doodle Dandy,” and “God Bless the USA.”

    The production is directed by Al Cohen of Plant City.

    Thirty songs will be performed over three acts by a troupe of singers including Heather Richardson, 17, Jessica Jacobs, 14, Andy Tekampe, 19, Hannah St. Ann, 16, and Kaitlyn Alfano, 14. The storyline will be narrated by Jonathan Douglas.

    Douglas, Arlene Jacobs and Dock “Silverhawk” Green will also entertain, Cohen said.

    Tickets can be purchased for $10 at the door on the night of the performance.

    Most Popular Headlines!

    Patriotic musical tribute planned

    Lakeland woman places in top 5 in Hooters swimsuit contest

    http://plantcity2.tbo.com/content/2010/aug/07/patriotic-musical-tribute-planned/

    • Let’s get some children to stand in front of a volcano and merkin flag and sing patriotic tunes. Sounds like something we used to reserve for american dictators who had fallen from grace.
      That picture ! aggh!

      …but where is the picture of the Lakeland woman places in top 5 in Hooters swimsuit contest ? 😉

      • TL;

        If you can’t find it, then you don’t get to look. See?😉

        Miscavige and Co. on another bandwagon, this time with star spangled styrofoam hats!
        ~~~~~~~~
        http://www.thenationalanthemproject.org/

        “The National Anthem Project,” promoting the singing and understanding of the Star Spangled Banner
        Examples of Programs that Combine Character Education and Service-Learning (Best Practices)
        ~~~~~~~~~~

  14. Fucking genius Marty!

  15. One of the most interesting of the comments on WWP is the post from Muldrake (#316 in Claire’s legal thread) about the outcome:

    The outcome of this case was pretty much foreordained from the original partial summary judgment. However, while I’m disappointed in the result, the reasons for it give some reason for hope on appeal. Judge Fischer issued a lot of favorable factual rulings in the early part of the opinion, which are mainly consistent with the labor law violation claims. One particularly good example:

    Plaintiff testified that after she escaped, two Sea Org members tracked
    her down at a bus station in Las Vegas, Nevada, and tried to make her return by: (1)
    threatening that they would continue to follow her after she left Las Vegas; (2)
    threatening her family’s ability to continue in Scientology; (3) threatening that she would
    not be able to speak to her family anymore; and (4) claiming that her co-workers would
    be in trouble if she did not return. (Darnell Decl. Ex. Q at 156:1-157:17; Darnell Decl.
    Ex. R at 515:23-518:9.)

    Judge Fischer then goes on to rule that this kind of behavior, used to force people to work for you, is completely okay based on the “ministerial exception.” The ministerial exception supposedly relates to voluntary participation in religious activity. This set of vile threats described by the judge herself hardly seems consistent with that exception. They threatened to stalk her even if she left town?

    If you read on, Judge Fischer’s strange conception of the “ministerial exception” takes on vastly expansive tones. One wonders if an Asian child prostitution ring set up shop in her district, and the pimps claimed to be “ministers,” and the victims to be cult devotees, whether she would then find the entire scheme protected just by calling it religious. There is nothing in this extremely brief, glib opinion that says otherwise. It seems to state that if anyone, anywhere, calls something religious, that makes it completely immune from the law.

    That is not the law.

    However, I think the fact that this decision rests on such a slim reed of frankly bizarre legal opinion is good. It contradicts even conservative Supreme Court Justices such as Justice Scalia, who has written opinions stating that claims of religiosity do not magically make it legal for religionists to violate what Scalia called “neutral law[s] of general applicability.” The Ninth Circuit is notoriously liberal, though this view is not entirely deserved. A view that just claiming to be a religion renders one immune from all laws might not pass muster even on a conservative panel of the Ninth Circuit (appealing to a Court of Appeals for a federal circuit generally gets you three judges picked from that circuit to hear the appeal and an appeal from that is heard either en banc, that is by the entire circuit or by the Supreme Court).

    Finally, there’s the standard of review. Generally, factual findings by the original court are treated as true by the appeals court, which only addresses issues of law. However, this trial court’s factual findings are actually favorable to the plaintiffs, surprisingly. Where the opinion goes off the rails is in its legal interpretation of those facts.

    That’s critical, because in appeals of fact findings by the trial court, the trial court is almost always assumed to be right. You don’t get to try your whole case again at the appeals level. However, when your appeal is of the legal standards applied by the trial court, the appeals court has no duty at all to defer to those findings, because the appeals court is superior to the trial court in saying what the law is.

    That said, appeals usually lose. But this one has a better chance than some, and I would mark its chance of success at maybe 40 percent or so, because almost all of the critical errors the trial court made were related to the law, as opposed to facts.

    If an appeal succeeds, the result would be the case would be remanded, probably back to Judge Fischer, to go to trial. Now, that, I don’t view as likely to be successful, since I don’t think Judge Fischer will be a great trial judge for a case like this. But even in that case, the appeals court judgment will be useful precedent to any future litigants with similar claims, so long as they don’t draw the short straw which is Judge Fischer.

    • martyrathbun09

      Thanks. It appears there weren’t factual errors; but in fact there were plenty – a string of careful omissions to make the application of law sound credible. Fortunately, the Ninth Circuit reviews grants of Summary Judgment De Novo (brand new on their own, they don’t have to find error even, they can just bypass her and do it right).

      • I agree there were factual errors.

        Sadly, the judge elected the following ruling not for publication, but the following case is the closest ruling in federal court thus far to the Headleys’ case.

        http://scholar.google.com/scholar_case?case=11013791277393413166

        “Plaintiff alleges two violations of the Victims of Trafficking and Violence Protection Act of 2000, (“TVPA”); namely, that defendants trafficked and tricked plaintiff into coming to the United States and once here subjected him to exploitative work conditions and severe psychological and emotional abuse, in violation of the human trafficking provision, 18 U.S.C. § 1595, and that defendants knowingly obtained plaintiff’s labor and services by threats of serious harm, scheme or abuse in violation of the forced labor provision, 18 U.S.C. § 1589. Plaintiff further claims defendants failed to pay minimum wages and overtime in violation of the Fair Labor Standards Act, 28 U.S.C. § 216(b), and New York State wage and hour laws. Finally, plaintiff brings common law claims of involuntary servitude, false imprisonment, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, quantum merit, unjust enrichment, and fraud.”

        …and… (emphasis added)

        “Summary Judgment is only appropriate if “there is no genuine issue as to any material fact.” Fed. R. Civ. P. 56(c). In order to survive a defendant’s summary judgment motion, “the plaintiff. . . need only present evidence from which a jury might return a verdict in his favor. If he does so, there is a genuine issue of fact that requires a trial.” Anderson v. Liberty Lobby Inc., 477 U.S. 242, 257, 106 S.Ct. 2505, 2514 (1986). Fact finding and credibility are issues for a jury after trial, not for a court to resolve on summary judgment. Although plaintiff may well be subject to impeachment particularly on his failure to retain the computer he used to send emails to his friends and family, his story is not so fanciful or contradicted by undisputed facts as to be that unusual case where summary judgment is appropriate despite a plaintiff’s version of events. The Court finds, as did the R&R, that there is sufficient evidence for a jury to find in plaintiff’s favor regarding his TVPA claims.

  16. I have read the article. Since I have not fallowed the case I cant comments. [ english is not my first but the hungarian is much worst] Each being have to waddle through great amount of mire and retrace every step which was taken over the ions. The step are not done physically by draging the decrepit body, but by the confontation each action or none action taken or not and to shed all considerations, the collective agreements the well hidden implants which holds the human behaivor in predictable solid form [by considerations of course. ] To become free one have to confont not only the evil or the so called bad but ALL. Since any so called concepts which are considered “good” are again nothing but considerations or muck ups, therefore energy, therefore MEST, therefore part of the bank. The considerations, no matter what they are , are concepts which hold the being in the limit of that considerations. Confrontations bring on cognations which is the new knowledge . With out the new out look the knowledge ,which wipes out the old there never be freedom from the bank. As O T we were given a tool [ Not many have realised its incradible power], a magic wand to use and the power with it to fallow through. Those who know do not talk Those who talk do not know. Keep Your mouth closed. Guard your sense. Temper your sharpness. Simplify your problems. Mask your brightness. Be at one with the dusk of the earth. This is primal union. He who achived this state is unconcerned with friends and enemies. With good and harm, with honor and disgrace. This therefore is the highest state of man. E.

  17. Marty,
    Thanks for such a great perspective!

    …But you are right — that very laziness and the way she (Judge Fischer) constructs the opinion to preclude any inquiry into activities that are claimed to be religiously motivated is death to any attempt to “enforce” intellectual property rights. –mjrinder

  18. You get so angry with this and I hope to hell he pays for this in the end.

  19. One point of R between myself and DM (probably the only one) was when he said, as I heard him say on numerous occasions, “I hate legal.” Probably because neither of us understands it. However, DM’s power depends on this field that he doesn’t understand. Mine, thankfully, doesn’t.

    Imagine being utterly dependent on a field you didn’t comprehend. These lawyers like Abelson, Monique and Moxon must LOVE the situation they are in–getting paid huge bucks by continually playing off DM’s arrogant, MU driven egomania. They are probably working him like the streetcorner sucker in a 3 card Monte game and you know they’re doing it because with all the millions they’ve been paid over the years they could afford every service in Scientology at Flag rates but I’ll bet none but Moxon and good old Earle Cooley every opened a book or picked up the cans.

    • Joe, we’ll have to talk some politics when we next meet. Despite my admiration and affection for you, I think you might consider consulting some other sources besides Howard Zinn on American history. He is (was) about as left as you can get, unless you’re using Trotsky as a reference point.

      Do you think all those Scandinavians would be enjoying their socialist lifestyle today, had the USA not come to the aid of Europe and provided the muscle necessary to take out Hitler?

    • Joe Howard,

      I have not much to add to your post here, other than my agreement, so here it is: I agree with you.

      lunamoth

      • Joe Howard –

        That last post of mine, in agreement with yours, was supposed to show up under your comment on our government’s use of tax money vs. that of European countries, i.e. the “socialism” comment.

      • Lunamoth,
        I couldn’t find where to respond to your comment to me, below—
        so here it is:
        Thank you very much! I’m so happy it made your day🙂

        Tory/Magoo

    • Any one who wants to learn American History should check out this site. I am on it all the time and it is unbelievable what you can learn from the material that was issued at the time. http://quod.lib.umich.edu/m/moagrp/

  20. It’s called a “Pyrrhic Victory – a victory with devastating cost to the victor; it carries the implication that another such will ultimately cause defeat”.

    Took a different angle on the Headley case at freeheber.com but I think your legal breakdown is very accurate. I get equally upset with the Right and the Left. (Hannity and Limbeau irritate me equally as Pelosi and Oberman.

    Many years ago when I first joined staff and while expediting by filing, I read a PL where LRH said words to the effect that the opposing forces on this planet were socialism and fascism.
    That datum has helped clarify much for me over the years.

    • Hubbard was slightly of base. It is Communism versus Fascism and they eventually meet eachother. Americans are “PTS”to the word socialism..

      I live in country that has a MIX of Socialism and Capitalism.

      • Speaking of “socialism,” I think 99% of Americans would take the kind of “socialism” dished out in Scandinavia. I spend my summers in Sweden where tax rates are about the same as in the U.S. (33%) for which people receive: free health care, free education, paid maternity and paternity leave of a year each, free transportation to pick up your kids for school if you live out in the country, free access to enjoy all land (the entire country basically belongs to the citizenry), oh, yeah, an average of 6 weeks vacation per year (I recently met two Swedes who are spending 7 weeks on vacation in the U.S.; they are just average middle class Swedes, one is a middle school teacher and the other works in a sawmill–how many Americans of any economic class could afford 7 weeks of vacation?!), a monthly stipend from the government for each child, next to zero homelessness (unless that happens to be your particular bag), no hunger, no poverty, pensions for everyone, public financing of elections and the list goes on and on.

        Of course America could have the same for its citizens since the wealth in America is many, many, many times that of Sweden except we spend our tax dollars on “defense” which is code for “wars of aggression to protect the interests of the power elite.” Sweden has not been in a war in over 200 years.

        This is just Sweden, with which I am somewhat familiar. Denmark, Finland and Norway are similarly socialist and all four countries placed above Sweden in a recent poll of the happiest countries on earth, in that order. Holland was 5th. All “socialist.” Which really means “people oriented” as opposed to “money oriented.”

        Yes, Americans have been made PTS to the word “socialism” and their image is North Korea. Far from it in Northern Europe. As I said, 99% of Americans would take the Scandinavian system in a heartbeat.

      • Freedom Fighter

        Not THIS American. I say restore this country to the Republic it was intended to be. I find that most Americans don’t know what that means as is evidenced by how far removed from our Constitution we’ve gotten.

      • FF, obviously, the Constitution needs to be seriously amended if it has been hijacked the way it has. Also, if you read Howard Zinn’s “A People’s History of the United States,” it is apparent that the version of America we were fed in school does not really match with the truth of our country’s history. Ask any Native American, African American, most European Americans and any woman.

      • I agree Freedom fighter most of the founding fathers where deïsts, They never intended the power that christianty has over the american goverment to be so big.

        “The Pledge has been modified four times since then, with the most recent change adding the words “under God” in 1954″

        http://en.wikipedia.org/wiki/Pledge_of_Allegiance

      • Tory Christman

        The late, great, Steve Allen was anti-Cult due to his son being in one of them. C of S/OSA sent me to hear him years ago (in the early 90’s–almost 20 years ago, now) to find out *if* he mentioned “the church of
        Scientology” as a Cult.

        Instead of talking about Cults, his only message was about the “Christian Right”, God and the Bible and it’s enterpretation. As he said, “IF these people get into office, cults will be a minor point”.

        He literally read from the Bible—and explained when people take things like that totally literally, seriously horrific things *could* happen, if these people got into office. He backed up what you just said, Cat Daddy.

        Re the Headley’s—thanks, Marty, for the explanation, and most of all–thanks to the Headleys for ALL of their hard work. They have (as have Marty and Mike, and many others before they arrived) Truly rattled DM’s cage.

        Just to give you one comparison: I picketed CCLA Saturday at their “Gala Event”.
        I also, over the week-end, walked by the new Pasadena Org.
        A staff member asked me if I’d like to take the new Open House Tour. I said sure, except I was “in” for 30 years, was OT 7, Grad 5, used to be on staff and escaped out in 2000.

        The person said: “Let’s go for a walk”. (That is a first, in 10 years!) I explained what was *really* going down, vs the dream pitched that the staff member had bought.

        We continued walking and they even said, “Let’s go around the corner”. After 10 minutes, this staff member was educated on their black ops, where to find more information, (Which they said: “You mean all that on the Internet isn’t a lie?”) and what they’d tell this person about me (“Are you one of those bad people they showed me the photos of?” I said, Uh huh–and we both laughed). Here’s our final laugh, which you all will get: This staff member told me: “I’m in it for the money”. I roared, and said: Again, keep reading up on the Net.

        Finally, I educated this staff member about how to leave, and what to do and not do. (And no, I’m not posting that here🙂

        I mention it to tell you all: The comm lag is decreasing, seriously! Keep up the great work!

      • Tory

        This story made my day! I can certainly believe that if that staff member was at all receptive to
        that kind of comm, YOU could deliver it in a
        have-able way. Your confront and your constant willingness to engage people is wonderful.

        Thanks for sharing it.

        lunamoth

      • TheEmperorIsNaked

        Sweden spent World War II selling iron ore to Nazi Germany. Only later in the war when Germany was back on the defensive were the Allies able to get Sweden to at least reduce their shipments. How nice they at least reduced them.

        Germany’s number one problem in World War II (and the lead up to it) was lack of materiel for their war machine. Lucky they had Sweden to help with that. Great for Sweden, as they get money and apparently a reputation for neutrality. I fear the victims of the Third Reich probably don’t appreciate the Swedish “neutrality” as much.

        Either this blog or Scn-Cult had a great article on the “Enablers” of DM. Looks like Sweden had that role down pat in WWII.

        So yes, we sanitize our past in the US – but it looks like Sweden does too.

        Written in the spirit of asis-ness rather than patriotism. 🙂

      • Tory,

        What a good thing that was. Thanks for “showing up every day.” Stars in your crown, girl. Stars in your crown.

        Just Me

      • Tory~Excellent! I had to LoL @ them being on staff for the money! Too funny! Glad you were there communicating. VWD!

      • This is in reply to Just Me and Tara, below, but there wasn’t a “Reply”
        deal, so here it is:

        Thanks~! Just me—I *love* getting stars in my crown! What a great concept. Now all I need is the crown—-:)

        Tara: LOL_–I know, isn’t that a hoot that someone actually joined
        staff, “For the money” (And no, they’re weren’t joking, either).

        Too much, too very much. To those lurking:
        Bail while you can::: I’m not kidding!
        TLC

    • Click my name …
      …This 10 minute video gives a great perspective on a Republic, a Democracy, and Oligarchy with historical examples.

      • Being an outsider to American politics I get a feel it is a clever piece but too simplistic. There is a fearfactor there. It portrays democracy as something to fear. that even takes a way your children.

        I Call Propaganda !

        The matter is more intertwined. It means BOTH are true:

        “Both modern and ancient republics vary widely in their ideology and composition”

        “In the United States, James Madison defined republic in terms of representative democracy as opposed to direct democracy[6], and this usage is still employed by many viewing themselves as “republicans”.

        http://en.wikipedia.org/wiki/Republic

        I think the truth lies in the middle. Look at what we have lol and we are a pretty happy people.

        “The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of parliamentary democracy. In 1983 the Dutch constitution was largely rewritten. The text is very sober, devoid of legal or political doctrine. It includes a bill of rights. Laws and treaties cannot be tested against the constitution and the Netherlands have no Constitutional Court. The Kingdom of the Netherlands also includes the Netherlands Antilles and Aruba: there is an overarching constitution of the entire kingdom: the Statute of the Kingdom of the Netherlands”

        http://en.wikipedia.org/wiki/Constitution_of_the_Netherlands

  21. The enemy of the CoM is individual thought.

    Meisha

    • “The priesthood have, in all ancient nations, nearly monopolized learning…. And, even since the Reformation, when or where has existed a Protestant or dissenting sect who would tolerate A FREE INQUIRY? The blackest billingsgate, the most ungentlemanly insolence, the most yahooish brutality is patiently endured, countenanced, propagated, and applauded. But touch a solemn truth in collision with a dogma of a sect, though capable of the clearest proof, and you will soon find you have disturbed a nest, and the hornets will swarm about your legs and hands, and fly into your face and eyes.”

      John Adams

    • Meisha,

      Boy is that the truth!
      Well said, very well said.
      T

  22. Marty,

    This was a great read – I learned a thing or two. Thank you for studying the matter and sharing the benefit of your own experience and understanding, too. I’m getting a lot more out of this news now.

    My hopes for the Headleys are intact, and despite the realities of politics in our justice system, I’m confident that this is jsut another
    milestone on the way to the bonfire party for the dead and decaying c of m.

    The funny thing about lies is that they don’t
    stick together- there’s no cohesion. You can’t build anything of any strength or resilience out of lies. They collect, even pile up, but they just lie there, not interlocking at their edges the way pieces of the truth do. Truth dovetails to truth.
    The pieces fit. There are no weak points where two related pieces of whole truth meet. So when your story, or your public image, or your empire is built of lies, it might look damn big and formidable from the outside, in the right lighting. But it won’t stand up to a strong wind.
    And it certainly won’t stand up to the scrutiny of the world. Or the St. Pete Times. Or the U.S. justice system.

  23. A lot of the Headley’s allegations had to nothing to with issues of “faith”. It’s funny that Tommy Davis considers this a victory and refers to the Headleys as “defrocked ministers”. Marc Headley had a minimal amount of Scientology training and auditing and was never a minister of the “church”. Marc worked on an assembly line doing quality control of tape cassettes. He then went on to build A/V systems and do other QC type of work. He never “ministered” anyone, and therefore I don’t see how ministerial exception would apply to him. This is case of slave labor and child labor abuses.

  24. Marty, great blog, great analysis. The little guy is damed no matter which way he turns. Mark and Claire great job and thank you. As for TD, you are just stupid, you don’t get it!

  25. Marty,

    Thank you for the clarification.
    Put a little juice in the till. Hope it helps.

    Penny

  26. Marty what an excellent written analysis. This piece should be up all over the net.

    CD

  27. Thought Provoking

    Marty,

    Thank you for putting this in to terms that could be understood by those of us who lack the knowledge of how our legal system interprets these type of suits.

    Good to know that it really wasn’t a loss for us at all and that there is hope for an even saner field in the future.

  28. I have been watching it slowly slip away but I have come to the conclusion that OSA has now totally lost all vestiges of PR Area Control. Not only have they lost control but every action that they have taken recently actually has made the Church, Church Management, David Miscavige, and even themselves, look worse to the general public and to those still clinging to the dream of personal freedom in spite of the overwhelming evidence they are currently being duped big time. Tommy Davis, the Church Spokesman, is an international joke. David Miscavige is positioned along with Hitler and other Tyrants. And OSA itself is being equated with the old Russian KGB. Methinks they got too far away from LRHs ideals and way too heavy into some perverted concept of CONTROL. And all that within just a few short years. It is too late for them to pull back. They are committed to their own destruction.

    Individually I still hold the hope that many will come to their senses and see the course their actions have put them on and salvage what they can of their integrity.

    We are here if we can be of any assistance.

    WW

  29. Ok this sucks for the Headleys and for anyone else who wants some money back for the horrors they have experienced while working in hell.

    If OSA crew is lucky, they will get pizza and movies after hours. Then it’s back to work for them onto all-hands IASA regging. The fuhrer is short on cash.

  30. I also would like to personally thank Marc and Claire for their dedication to righting some of the wrongs foisted off on us all.

    You are real fine people in my books and I am proud of you both. I have no real idea of what you have been put through during this whole ordeal, but you gotta figure, Miscavige seems to have shut up the mighty BBC, at least for the time being, but you have probably succeeded in putting a rather big nail in his coffin.

    You humble me.

    WW

  31. Tony DePhillips

    I need a good dose of theta sometimes and I really like this version of Pat Metheny and guest singer. It’s called ~Are you going with me? I have always felt this was a very spiritual song, along the lines of : are you traveling the road that I am on, down the track? To get to the goal? We are on a very theta line and we are winning. I hope you enjoy this music if you get a chance to listen to it.

  32. Marty did a clear headed job of explaining the orientation of strict constructionists and legal progressives and the downside to both. However, though politics may enter into the equation I think this is a clear case of the bipartisan crisis of our era: competance. As in the complete and utter lack of it.
    “Entanglement issues arise whenever the Court must ‘evaluate religious doctrine or the ‘reasonableness’ of the religious practices followed by the church.’”
    That part of the judge’s opinion is perfectly reasonable as a precautionary point of not entering into a doctrine dispute. But that entirely misses the point of the lawsuit. No one is asking the judge to evaluate auditing procedures or editing of LRH matierials, or technical drills. The point is organizational actions violate member’s civil rights and the laws that protect those rights. This what I’m talking about when I bring up the lack of competance, and what amounts to institutionalizing incompetance. All the judge had to do was read Marty’s brief or *gasp* DO SOME RESEARCH OF THE SUBJECT to find out that crimes committed had nothing to do with the religious scripture of Scientology which can only be authored by L. RON HUBBARD.

    P.S. Does anyone know any good auditors or CS in the Orange County or LA area? Oh, and by the way, Marty is completely correct about the judge’s overall ruling completely screwing DM’s attempts to infringe upon Independent Scientology practices from here on out.

  33. Marty, perhaps DM never considered the conclusion you’ve drawn re: not being able to question the religiosity of practicing Indies. Therefore, I’m wondering if this will merely increase his efforts to stop you and others in a much bigger way than what’s been done up to now? What other avenue would he have since he cannot now apparently question nor stop one from practicing their religion freely?

    Also, I don’t think the tax exempt status will ever be questioned, not because of this ruling allowing such questionable activities under the cloak of religion, but because the CofM is a de facto payment enforcer for the IRS…. that is if one wishes to continue up DM’s version of the Scn bridge, they had better pay up, or else there goes your “freedom”! There’s a lot of truth telling coming out these days in the arenas you mention, politics being just one.

    Additionally, what with a well documented and written book recently coming out on the application of the taxing issue, (http://www.taxrevolt.us/r_lemieux.php) convincing the taxing “authorities” to move against DM and his status…. well, I just don’t see the free and easy income stream being disrupted any time soon, if ever.

    What a corner into which these guys have painted themselves! Keep analyzing and shining the light.

  34. I get it:
    Scientology is the game where everyone wins 😉
    (Real Scientology that is)

    Marc and Claire:
    Thank you for taking full responsibility for those who are unwilling or unable to fight for themselves.
    Love and respect to you both.

  35. It seems evident that U.S. District Judge Dale S. Fischer has a distinct bias in favor of restricted basic human rights as evidenced by his decision. His decision is not in line with statue law or even the US constitution.

    i understand the issue as regards religious freedom but I do not see this as being senior in the constitution to the freedom of the individual.

    This ruling by Judge Dale S. Fischer, currently accepts that any form of punishment is acceptable under the umbrella of religous freedom. How far would this go. Up unto death? What if the Sea org executed a Sea org Member under the umbrella of Religous freedom? Would that also be acceptable?

    In addition not just human rights but the tenets of the Sea Org and Scientology are being violated. If a religion goes off the rails and violates its own tenets at what point could it be considered not to be the religious order it proclaimed to be.

    There are, as has been pointed out, a considerable number of issues not taken up here and taking everything into consideration and based on the evidence I would be strongly recommending the Headleys appeal in the upper courts.

    • Fischer is female, btw.

    • TheEmperorIsNaked

      I think any real serious crime with reasonable evidence would be addressed. I assume you were being facetious there.

      But as to low pay and stuff like that, there are too many people swearing it is fine and that is not what they are in it for. It is so well known by anyone that Sea Org make $30 or so that it is hard to claim it as an injustice when it seems everyone goes in knowing full well it is not for the money. It is already at such an unreal level to most people they won’t be able to think with it.

      As for the beatings and such, what I hit when I tried to discuss this with someone was just a total unreality on it. How could it be happening and no one, absolutely no one so much as calls 911. I just think it is not real to people. I can barely wrap my wits around it. How can people dedicating their life to a philosophy not follow it? I can see the viewpoint that getting involved in this is like getting involved in a family spat (not my view but I can see it).

      Too bad we didn’t handle it and keep our own basic principles in instead of hoping the government will swoop in and save it. As I recall LRH barely escaped the government who would have had their own ideas what to do with the tech. A little of their treatment and we might all be begging for them to get back out of it.

      And this area is pretty technical and the Judge might have gotten more than a few MUs and blown off on that. Maybe the church does that on purpose. My job is in a pretty technical area and every time the government gets involved they usually screw it up. What we took years to ramp up on they try to get up to speed on in days or weeks – and usually fail.

      I’ve also seen a huge button in government around separation of church and state and I think that comes into play. “Don’t get into our arena and we’ll stay out of yours”.

      I agree an appeal might work due to activism (not particularly a good thing).

      But overall I am not too surprised at this outcome.

  36. Ne Obliviscaris

    It would seem to me that getting someone to sign a Sea Org Contract without informing them of potential living conditions or possible arbitrarily or vindictively enforced consequences to perceived “violations” of organization policies would violate the laws governing Informed Consent.

    Likewise, having Sea Org members who wish to
    leave sign numerous “Release of Liability” forms and “Rights” waivers also violate the laws regarding Informed Consent.

    One cannot give informed consent if under duress, while suffering sleep deprivation, PTSD, etc.

    Just sayin’

    Ne

  37. Marty, thanks for taking the time and ARc to turn all of that chicken droppings into chicken salad for us so we could munch on it and digest it. I hate legal too and I have a real hard time confronting it. I thought over the last 24 hours: “Marty will splain it.” And you did. Thanks a bunch man.

    ML Tom

    • Yuck Tom – No matter what you do even if you were a magician, you can’t make chicken salad out of chicken doo doo! Just like DM can’t make it vertical and over the top with his doo doo!

  38. Bravo Marty!

    You have explained the situation beautifully and hae shown how David Misgavige has put himself intoa checkmate!

  39. On another theme, I had a blowout cognition on the EVILness of the current squirrel use of Disconnection in the Church of Squirrelentology. LRH in his wisdom explained that if someone is trying to kill you, you have the right to get out of his way. This makes sense and is LRH. On the other hand, to be cut off from your friends and family because you disagreed with the party line or tried to get it handled internally, or just didn’t want to play that game anymore and left or left staff without the hassle of routing out or desired to route out and were blocked so you left anyway or you tried to do a doubt formula and could only get the PR line from the church so you looked for stats or information from others that might have it or any of the several thousand other possible scenarios whereby you got declared just doesn’t make sense and for that reason COULD NOT BE LRH AND IS THEREFORE FRAUDLULENT POLICY WRITTEN BY SOMEONE ELSE WITH A FORGED LRH SIGNATURE! (I wonder who?)

  40. Marty,

    Brilliant analysis. It definitely helped me to better understand what happened and what is possible upon appeal.

    Mickey,
    I suspect there are different shades of “adherence to the tax laws” that would not bear close inspection, among some parishioners. What is done to meet the requirements of IRC 501(c)(3) Charitable and Religious Tax Exempt Status within c of m is very likely done in a way to provide smoke and mirrors for what der midget is really doing. Personal inurement is a major part of religious tax exemption, it must get harder and harder for the staff to cover up the excessive amounts accruing to der midget’s side of the ledger. In the charitable area, some private benefit may be unavoidable. The trick is to know when enough is enough.

    IMHO, it will be very possible to penetrate the citadel in that way as it gets easier to prove that personal inurement is definitely occurring with David Miscavige.

    IRC 501(c)(3) provides exemption from federal income tax for organizations that are “organized and operated exclusively” for religious, educational, or charitable purposes. The exemption is further conditioned on the organization being one “no part of the net income of which inures to the benefit of any private shareholder or individual.”

    Der midget is not quite bright so he fails to see that his excesses will be his undoing.

    Marc & Claire,

    You have my deepest respect and admiration for having fought the good fight. Tomorrow is another day and truth will win in the end.

  41. Felicitas Foster

    Thank you, Marty, for the explanations and conclusions. I think I got the overall picture but will have to fully word clear it.

    I do not think it is a lack of competence on the part of the judge but a lack of responsibility paired with out-ethics and no personal integrity – most probably also lack of courage. There are always two sides of a coin.🙂

    I really liked the conclusions the reporter made:
    (Quote) Most organizations would consider the practices themselves to be a failure, and they would take steps to persuade the world that real change was taking place to prevent further abuses. For Scientology, winning the right to continue these behaviors is considered “victory.”
    While it may come as a surprise to some that a church can legally take these actions against its own members, by most ex-member accounts, the situation at Scientology is nothing new. What is new is that the church is becoming so ineffective at preventing its secrets from becoming common knowledge. (Unquote)
    – and that will have an impact on the publics who are still “in” as well as on COM on the long run.

  42. Felicitas Foster

    To Marc and Claire:
    I am with you in your disappointment.
    Nevertheless it brought us, the Indies and the true Scn Tech, some freedom.
    Thank you for your willingness to fight back.
    Love,
    Felicitas

  43. Your humble servant

    I am disappointed that David Miscavige was apparently not named as a defendant in this case. The Church of Scientology can be forced to pay judgments in the millions without really harming DM. As long as he has dictatorial power, he will be sure to get his lavish pay and benefits. Possibly the Headleys’ attorneys felt it was too difficult to pin liability on him. Easier to attack the organizational structure which they deem to have deep pockets.
    However, I really don’t think it would be all that difficult to prove that DM is factually and legally liable, and it actually would be a more correct target than the generality of “The Church of Scientology.”
    At any event, I agree with Marty’s assessment that a more meaningful consideration of the case will be given by the 9th Circuit.

  44. Thank you for the “translation” into English.

  45. I do not understand enough of the US law system to allow a judgement of mine. But as I understood, any company that claimes to be a religon can bypass labor laws and treat staff as they want and they have only to say, that this is religious practice in that company.
    In case the above sentence summes up the law decision, by my opinion, that should be re evaluated by some senior court.

  46. I added a comment to the Examiner story, as follows: “Steve, I don’t know where you’re coming from but I was in the Sea Org for 4 1/2 years. The accusations are true. Try eating nothing but rice and beans for weeks at a time. Try never getting a day off for a year. Try having letters from your family screened and withheld. Try burning the midnight oil as a way of life. Try manual labor for 6 months to route out. John, no, I didn’t join for the money. But don’t you think the Sea Org, the so-called elite of Scientology, should be setting an example of how to live, rather than sacrificing self and family for the group? That is communism, the group is all, the individual is nothing. That is not what L Ron Hubbard taught. ”

    But Karen#1, you said it better.

    I invite the rest of you to comment on those stories!

  47. Thank you Marc and Claire for making your story known to the world. Miscavige and friends may celebrate today but there was no winning to be seen anywhere.

  48. Marty;

    I sure would appreciate any clarity you could lend to the whole Broeker scene. Lotsa mysteries there – I spotted him as a FLAMING 1.1 at the funeral event. He achieved the impossible of making (at the time) MISCAVIGE look like a better alternative.

    My mind was made up about Miscavige the instant I he told a good friend of mine (on the Ship, around 1988) “The Class IV Orgs are dumps!”. Earlier he had praised himself regarding the handling of Broeker, saying “This was so well-handled almost no one knew about it”.

    2 sentences – plenty for a good data evaluator.

    It’s a pity that tone level obnosing seems to have become lost tech.

    • would you please stay on message to what has been posted by Marty? I am beginning to think that you are a OSA plant and that you intentionally write comments that are completely off subject from every post just to deter people from really getting the message.

    • TheEmperorIsNaked

      Nice Lucy.

      OTVIII, I’ve noticed your posts are strange too.

  49. Marty,

    I second you: DM will rue that day bitterly.

    He might think to have put out a local sunday night’s bbq fire but the devastating fire storm is already lit big time at multiple fire places. He just doesn’t realise that the peat soil around him is already smouldering – and in order to know what that means, he just needs to look to the devastating Russian fires around Moscow right now.

    Judge Fisher might play the Pontius Pilatus but she sure has shoved the case into broader public eye and shed even more light on the human rights violations within the SO.

    As Senator Xenophon put it: There are no limits to what you can believe but there are certainly limits to how you can behave.

    This wall, too, will tumble down. Inevitably.

    Many thanks to Claire and Marc!!!

    Is there any financial threat you would need help on?

    • When you have someone admitting how at the time they were in the Sea Org they thought they were enjoying it but file a lawsuit claiming essentially that they were slaves and were so brainwashed they didn’t know they were slaves and were so brainwashed that they didn’t know they really weren’t enjoying themselves, it doesn’t take a rocket scientist to see that they destroyed their credibility.

      • VS, you are no rocket scientist.

      • How brainwashing works
        Brainwashing is not as esoteric as most people think. Yes, it can be done with the use of NLP and hypnosis, but these are not necessary for the brainwashing to take place. People are purposely brainwashed by media, however friends and parents may not even realize that they are brainwashing you.

        Brainwashing takes place when you are exposed to the same influences over and over again until you accept them as normal. This makes you change your mind about them and accept them as a natural part of who you are or what you value.

        I read once that if person is regularly exposed to crime (e.g. if a person moves to a crime-ridden neighbourhood), she firstly despises the crime. If she is further exposed to the crime, she starts to tolerate it and then she accepts it as normal. So you can say that this person has been brainwashed into thinking that crime is acceptable.

  50. Marty,
    DM has ensured that I, James Adam Logan, can practice Scientology, L. Ron Hubbard’s brand of Scientology, completely protected and OUTSIDE his purview.

    He’s even in Treason to the post he made up. Wow, ya gotta love this guy.

    The oldest precedent in religious clause cases, Watson V Jones, protects the CofS and any religious society, from intrusion into its interpretation of its religion. The Headley case was doomed from the start on that basis.

    You join a society, the Sea Org, and you accept its law, its interpretation of that law, its judiciary, its conditions. The court isn’t there to tell you what to think in terms of your religion or its ‘scripture’ else we’d not be protected under the Constitution.

    Reform must come from Scientologists. Us.

    However, there is one area the court has very clear and compelling jurisdiction: corporate law and the interpretation of neutral ‘trust instruments’, Board composition and function and such like.

    Lisa Hamilton’s wearing of the I&R hat, and applying Scientology justice procedures, is the exact right action on reform and ‘interpretation’ of Scientology policy. We all win, when the court recognizes our right to practice Scientology according to its principles and without government interference.

    Mark H won. We won. Hell, eventually, even DM may win despite himself.

    Geez Dave, thanks for making it clear, I can practice Scientology outside of your suppressive restraint.

    BOOOOO YEEEEAAAHHH!!!!!!!!!

  51. Independent Scientologist

    A few days ago there was a post that dinged anybody foolish to think that OT IX and X would ever be unveiled.

    What I would like to know from Mary or anybody who reads and responds to this blog is: are we idiots for thinking that DM will somehow be removed from post or blow from post in the foreseeable future?

    I’ve only been out of the church for about a month, but I have already met people who have been waiting nearly THREE DECADES for DM to be gone. Will he last another three?

  52. Marty,

    First I want to thank Marc and Claire for their courageous efforts. Second, thank you Marty for the keen analysis.

    The article published by the Examiner sums up the situation quite well. DM’s pinata has suffered fatal blows. The putrid contents have fallen for all to see. Now within the court’s records show:

    ” * Sleep and food deprivation of Sea Org employees;
    * Heavy and demeaning manual labor as punishment;
    * Screening and censorship of employee communications;
    * Threats of job loss for those who refuse abortions;
    * Physical and procedural restrictions on the ability of Sea Org employees to leave;
    * Church-enforced “Disconnection” (utter rejection) of former Sea Org employees by their families; and
    * Harsh discipline against Sea Org employees who voice a desire to leave.”

    Yeah, I’m sure they were popping the champagne bottles over their “victory” behind the 8 foot walls and the bullet-proof glass at DM’s private $70 million quarters.

    Please pass the clothespin. The stench of death from the rotting corpse of the CoM wafting to my nose has overcome me.

  53. When I read the chuch’s response to the SPT article on the headley case, I was shocked that the church still doesn’t get that attacking and writing very 1.1 comments in their response actually makes them look really bad. Any good PR person would simply just acknowledge the facts and not put personal attacks and name calling into their response. It makes the chuch look like they have something to hide, and that they have overts on Mike, Marty, Headleys, steve hall, etc…. (the apostates as they refer to them). The church needs to quit bringing Shit to the dog fight that they are encouraging and get their ethics in and leave the crap behind!

    • The point is, they are not thinking, they are reacting. We are dealing here with the reactive bank. To be in their position they have to have an avid craving for group agreement. Any argument that this behavior is seriously out-PR (as I have communicated to Church terminals many times) simply falls on deaf (and aberrated) ears. However, the damage that this does to the reputation of Scientology hurts all of us, and these people will need to perform suitable amends in the future.

  54. As I have posted over the years, David Miscavige could win every single legal battle (labor cases, inquiries, damages cases, fraud cases, etc., etc.) and he will still lose the war.

    That is because in each such action much truth comes out about the constant abuses and other horrors that Miscavige tries to hide behind religious cloaking and corporate veils.

    In my opinion, organized scientology’s ability to expand worldwide on any real scale has been destroyed.

    So many empty or near empty orgs testify to the state of organized scientology. Public polls such the gallop pole show organized scientology to be the most distrusted “religion” in the country. And so much of this is owed to Miscavige and the abusive actions he has directed for decades now.

    Protestors around the world are often cheered by the public at large while Miscavige lies to his publics about “great expansion” happening as organized scientology continues to implode.

    I too believe that the Headly cases can be won on appeal but whether or not they are, they have already helped deliver a crippling blow to David Miscavige’s organized scientology by virtue of all the truth that came out in those cases to date.

    IMO David Miscavige is a coward, a drunk, a fraud, a perjurer and an abuser of the innocent on a grand scale and over decades. I told him as much in a letter I sent to him and his attorney a few years ago and published part of a couple of years ago.

    I do believe his reckoning is coming. The sad thing for many scientologists is that it appears that Miscavige is going to take organized scientology done with him. It’s already begin and it is soon to get worse.

  55. I believe LRH once stated that the greatest crime you could commit in pioneering new territory was to fail to continue to persist. New territory is being broken. The Headleys and all of those who supported them by their actions, should be proud of what has been accomplished. I believe that in the past, the CofS had its nomenclature and its “bizarre” philosophy act as an effective deterrent and block. People just didn’t really didn’t GET it and hence could not see past their misunderstoods to effectively attack it. However, with the Independents this is a completely different playing field, and especially with Marty and other former high ranking officials of the church, none of these are barriers to pressing towards real reform. I remember reflecting on all the abusive practices and thinking that one day the Church was really going to be backed up in a corner behind it, because given enough time and enough people who left – a formidable and resourceful community would grow outside church domination that would be effective in bearing pressure down on it to bring about reform of its perverted practices.

    Your analysis is extremely well written, thought through, intelligent; in contrast to that letter that Davis sent to the St. Petersberg Times -which came across as the “na-na-na-na-na-na” of a 5 year old kid. I mean really….

  56. When I joined the Sea Org at age 16, I was not told that I would never be able to have a child. It was not LRH policy to have abortions or to off-load anyone choosing to create a family. That was something introduced by Miscavige several years after I was already at the Int base.

    Now it’s “church scripture” to be protected by the law? Local suppressive internal policy, implemented after you had already signed on?

    I recall Miscavige calling Mary Arbuckle the most disaffected person at the Int base because she had a child and was the ONLY woman granted approval to come back with her baby (one of the cutest little boys I’ve ever seen). DM brought it up on more than one occasion as a reason to reject Mary for executive positions or a good justification for busting her to the decks.

    Now with this “ruling”, I suppose Miscavige could put out a local “policy” that Sea Org members deemed to be acting against him should get beaten to a pulp – and that, too, would be protected as a “religious practice”?

    Anyone with some sense can see through their creepiness and this injustice.

    • Amy – good point.

      DM could put out an issue to legalize the Hole and it’s tortures and abuses totally OK and approved by the Honorable U.S. District Judge Dale S. Fischer.

      The first impression I got was that this action she did condoned all and was similar to a Pontius Pilate washing his hands and taking Zero personal responsibility.

      Thanks Marty for the analysis and my good friends Marc & Claire for the courage to stand up and fight!

      • martyrathbun09

        Amy and Sinar, you are absolutely correct. I forgot to mention the last part of the analysis: if Miscavige is protected like this, it only expedites the death of his rein of the church he has already killed. He will step up the actions that killed the church thinking he is untouchable.


      • The first impression I got was that this action she did condoned all and was similar to a Pontius Pilate washing his hands and taking Zero personal responsibility.

        That’s really a very good comparison. Because every line ofher ruling screamed “I don’t care, leave me alone with this matter” at me.

    • Tony DePhillips

      Great point Amy!
      I wonder if the judge knows the she is now the empowerer of DM’s reign of terror? This is not America!!

  57. Another George

    Hi Marty,
    Hi Marc and Claire,

    I’ve read the entire judgment which I link here for anybody’s easy reference:

    http://www.tampabay.com/specials/2010/PDFs/scientology080510.pdf

    I think there is a handling. What do you think about this train of though?

    In essence, with so many precedence cited, the court says it must not examine a church’s policies. The church, once recognized as a church, may do as it pleases …

    PROVIDED IT FOLLOWS ITS POLICIES!

    The C of S got tax exempt on the basis of its “doctrines” – which are its “scriptures” and these are LRH’s policies and bulletins. Wasn’t that argued in this fashion?

    What if a church ABANDONS its scriptures after it has been recognized and tax exempt as a church?

    What if it could be proven that DM issued and enforced orders and “policies” that are CONTRARY to its actual “scriptures”?

    Naturally, that is an easy one and all Indies, Freezoners, Anonymous etc. could and probably would pitch in to find the actual policy references violated.

    Would the CofM still be protected if it violated that which its calls its own scriptures? No a bit. 180 degrees the other way! No one or twice. Constantly.

    Wouldn’t it be “another” church? And wouldn’t “that ‘new’ church” have to be re-examined for tax exemption?

    PROVIDED it can be proven to have become “another” or a “different” church.

    The judge quotes a precedence (Bollard v. California Province of the Society of Jesus) at the bottom of Page 5:

    “Where the church provides no doctrinal nor protected-choice based rationale for its alleged actions, and indeed expressly disapproves of the alleged actions,” then the rational for applying the exception under this clause most likely does not exist.”

    Translated into Scientologeese, wouldn’t this mean that this “ministerial exception” does NOT apply

    (1) if there is NO policy that allows the actions done against the Headleys

    (2) if there is a policy FORBIDDING actions done against the Headleys.

    POLICY meaning “scriptures” meaning (actually) “by LRH”.

    My argument interlinks very much with what has been said to get tax exempt status (and I don’t think any non-LRH issue has ever been presented to any authority to show its “scriptures” or “religiosity”).

    That this is the case is fine – it holds the C of M to a status quo of argumentation. They cannot suddenly say that IG NW Bulletins, SO EDs and what-not are part of the “scriptures” or “doctrines”.

    If that would work and would be on legally sound ground the sky was the limit as to what (we all) could do in helping the Headleys and how it could be used to practically force the CofM to abandon off PL actions – it sounds like DM could finally achieve an “all clear”, after all.

    What do you think of this approach?

    Regards,
    Another George

    • martyrathbun09

      That was the entire point of my declaration. That is why she ignored it.

    • Indeed as it stands now it is “The Church of Slavery”

    • AG,

      The Court in the USA will NEVER take on the task of deciding if any part of the Church of Scientology is “on policy” or “on tech.” Besides the fact that most Scientologists are not able to do this, it is NOT our American Constitututional tradition for our government to sit in judgement of a church’s doctrine or practice of that doctrine. And it WON’T be. Is the Catholic Church correctly applying ITS scriptures? Or is it the Baptists?

      Free exercise of religion is one of the bedrocks of American fabureedom per the First Amendment.

      Church personnel are liable for CRIMINAL acts: murder, rape, assault, child abuse, larceny (stealing people’s homes in a scam for example) etc. Abuse/exploitation of a minor is probably the most likely avenue of success, but very hard to prove, especially if ANY ambiguity involved.

      Anyway, if you take on the church legally, really the best you can hope for is the publicity the case generates.

  58. Oliver Wendell Holmes, Jr.

    Excuse my borrowing The Great Dissenter’s name, but with the incredible legal analysis on the part of MR, it just seemed apropos to invoke Holmes’ name.

    Firstly, @ Joe Howard, way up there, re Sweden, the US, and the naughty ‘s’ word, etc. Man oh man, you’re a sane, dude, dude — yes, too right. This nation spends its taxpayer dollars on (so-called) defense, or as Ike put it so long ago, the Military Industrial Complex. Your comment above served to confirm for me why it was that you were always my most-admired tech terminal when I was still among the fold.

    Marty, your legal mind is amazing. I appreciate the judiciary and have it as an interest or hobby. I am no legal mind, by any means, but know enough to know that you know your stuff. You provided a wonderful education and an amazing insight to the case and where it could lead.

  59. Larry B. said: “IMO David Miscavige is a coward, a drunk, a fraud, a perjurer and an abuser of the innocent on a grand scale and over decades.”

    I don’t have a problem with someone being a coward and a drunk, but I do have a problem with a fraud, a perjurer and an abuser of the innocent on a grand scale and over decades. In other words, a person can have a lot of flaws and still be an OK dude, but when it comes to abusing people, I cut them no slack. Ethics Protection was designed to protect social personalities, not sociopaths like David Miscavige.

    • Hey MajorPayne. Agreed on no problem with someone who is a coward or a drunk in general. But when they use that to hurt others (such as Miscavige cowardly hiding behind human shields of people who, for fear of him, will lie for him or his cowardly hiding behind religious cloaking that many of us mistakenly created for him so that he can abuse others and legally “get away with it”) then I have a problem with it. That’s all I mean by that.

  60. I guess I still have a little bit of a problem with the whole “ministerial exception” angle. In any other religion that I can think of, any sort of religious practice or ritual or act of worship is done VOLUNTARILY by the parishioner or minister, no matter how crazy it may seem to an outsider. In the Headley’s case however, these abuses were not only done to them against their will, but in certain instances they were still minors. For instance, read/re-read the section of “Blown for Good” where Marc gets ordered to clean out a septic tank without the proper protective gear as a disciplinary action. Does “ministerial exception” trump basic human/civil rights and/or child protection laws?

    • I have the same wonder-abouts.😦

      It’s easy enough to chalk up the abuse perpetrated on the Headleys and hundres of other to law loopholes. But how far can “not interfering with religious tenets” justify, for example, abuse by corrupt pedophile priests in the Catholic Church? That behavior, when inflicted on children, is not Christianity, and neither were the hundreds of years of Inquisition, torture, theft and mayhem that was perpetrated by the Vatican in Rome. And yet the “Catholic Church” stands as an entity that is “swallowed whole” without chewing and digestion by its followers.

      It’s really deeply disappointing to see the same thing happening with the Cult of $cio.

      True. Next it becomes evident: It is only fair that Scinetology be freely practiced without monopolized forced “affiliation” that is dictated by busines$ practice.

      It would be combining “Church” and “State” if law forced people to subscribe to a corrupt entity i.e. the Cult of Scientology in order to merely to practice actual Scientology.

      The goal of Cult Scientology — distinctly a different agenda than pure Scientology — is obviously not “to free humankind” — just as the goal of The Inquisition was not Love, Peace and Heaven when they maimed, killed, persecuted and robbed people far and wide, for centuries.

      But I echo MajorPayne’s question: Does “ministerial exception” trump basic human/civil rights and/or child protection laws?

      And does “ministerial exception” trump the abuse of Scientology, the pure philosophy and practice as developed by L. Ron Hubbard, as a front for other, some even illegal, agendas?

      • TheEmperorIsNaked

        I think there are clear cases like with the Catholic Priests abusing altar boys. But a lot of other stuff goes on mostly unchallenged, arranged marriages where no doubt the super young wife is less than enthusiastic. She is given to someone she despises, or later finds out she will share with other women. Various restrictions on medical attention – quite life threatening in the view of others that are outside that religion.

        I was reading another blog a few days ago and a non-Scn who was actually very well spoken but emphatic with his science based viewpoint was stating that the Purif was absolutely a fraud. He would use FACT in all caps to make his point. All I could think of is what if this person was the government authority sent in to “clean up Scn”. It would be well intended but he would have a tendency to squash Scn with his certainty of what is right and safe. I know on my purif I turned on an acid trip one night driving home, so what is fact for him is the opposite of what is fact for me. If the government gets involved in this big time, it may not ultimately go the way we’d like to see it go. Even if they fix a lot, the would very likely break more, if not just really take it over and use it for fun little weapons or intelligence type programs, etc.

        I think a lot of outsiders just expect people who don’t like the religion to just walk away. Even as I read some of these books and accounts I am amazed how many keep going back voluntarily, usually without any real physical force. This will be hugely out-reality to outsiders. I remember Robert Vaughn Young trying to self evaluate why in the hell he went back voluntarily. What does a legal authority do when that is happening?

      • It’s important to understand the rhetorical differences here, though. The altar boys being abused by priests: that’s not a part of accepted Catholic doctrine, either within or without the religious order.

        Then there’s doctrine to allow clearly illegal practices, such as some of the trafficking violations common in the Sea Org.

        Between those demarcations fall some of what the Headley case is about: activities that would be secularly illegal, aren’t part of the doctrine per se, and are in violation of the doctrine of Scn.

    • Major Wayne and Veritas,

      But I echo MajorPayne’s question: Does “ministerial exception” trump basic human/civil rights and/or child protection laws?

      I totally, totally, totally agree that “ministerial exception” does NOT trump those rights and laws!

      Just Me

  61. I am saddened by the Headley’s decision. As I believe they are right. I applaud and thank them for speaking out. But I don’t think the cheap shot on Bush was the correct target. Its true that Judge Fischer was appointed by Bush, however she was also confirmed by the Senate by a vote of 86-0, which included members such a Clinton, Reid, Boxer, Kerry, Kennedy, to name a few. In the real world I am sure those sort of appointments are rubber stamped for the most part in the Senate, however no one in the Senate, had an objection to her appointment from the left or the right. So I believe the responsibility doesn’t lie solely with the right wing.

    • It was anything but cheap. It was accurate. If you read the entire article, instead of just impulsively defending your boy, you’d see it was not an attack on the “right wing.”

    • Dear Kris,

      Left? Right? Middle? Conservative? Liberal? Blah Blah blah blah?

      They are ALL payed off by the same. They are all hacks. And, by the way, blackmailed all the same.

      ML,

      Tom

  62. Okay, so this proofs up the original analysis that the Church is dead and so we need to get cooking.

    This means we rebuild outside the Church. We deliver and in volume. It is up to us to get the delivery going again and to get Scientology going again. We cannot stand around and wait for something to happen. We must flourish and prosper starting with the rebuilding of Scientology.

    I will open an alternate Delivery Org in the name of LRH here in the west. OSA is so compromised that they cannot tell squirreling from whirling then they cannot stop us from doing what we need to do. One would need to be able to apply policy in order to stop us. I mean OSA is so corrupted they cannot even declare anyone standardly.

    So let’s get busy guys and start the rebuilding. Open Rons orgs or centers and get delivering like never before. We will show how to run and org and make it ideal per Data Series 40 (LRH).

    ML Tom

    • If that itemized list of abuses by the sham “Church” is protected as Cult “ministerial exception” –then individuals such as many here who wish to practice pure Scientology with delivery daily worldwide are also protected, i.e. untouchable as commercial regulation doesn’t even apply. Harassment by the sham “Church” of free or independent practitioners is more like a mafia monopoly tactic; the persecution of independent individuals by the Cult should be recognized as unconstitutional.

    • Tom,

      It’s 1950 all over again.

  63. I am from Denmark and I’ve lived the last 23 years of my life in the US. Yes, the Scandinavian countries are really, really nice – but the only reason why they don’t speak either German or Russian is that there were great leaders in Britain and America that stood up for them – big time. My two cents.

  64. Great article Marty. So on target you must be laser guided..:)

  65. My favorite from the examiner:
    “Most organizations would consider the practices themselves to be a failure, and they would take steps to persuade the world that real change was taking place to prevent further abuses. For Scientology, winning the right to continue these behaviors is considered “victory.”

    Other practices that made it into court records include:

    * Sleep and food deprivation of Sea Org employees;
    * Heavy and demeaning manual labor as punishment;
    * Screening and censorship of employee communications;
    * Threats of job loss for those who refuse abortions;
    * Physical and procedural restrictions on the ability of Sea Org employees to leave;
    * Church-enforced “Disconnection” (utter rejection) of former Sea Org employees by their families; and
    * Harsh discipline against Sea Org employees who voice a desire to leave.

    While it may come as a surprise to some that a church can legally take these actions against its own members, by most ex-member accounts, the situation at Scientology is nothing new. What is new is that the church is becoming so ineffective at preventing its secrets from becoming common knowledge.”

  66. Well just incase things feel heavy heres something that should help Dave M and Tom C in shape…

  67. Marc and Claire,
    Thank you for doing this, despite the stress, money, time and having to deal with all the C of M people and their force, Force, FORCE.
    They are defending their wrongness with crates of money and you are standing up for truth and life. Bravo.
    Marc, I read your book. Waitin’ for the next!

  68. This is a good assessment overall, however the distinction between constructivist and activist judges is null. For example, Judge Vaughn Walker overturned Prop 8 with a purely constructivist argument, yet he is being lambasted by fellow conservatives for his “judicial activism.”

    Activism is in the eye of the beholder: Strict constructivism may easily be perceived as activism. Witness, for example, Citizens United v. FEC or District of Columbia v. Heller.

    The difference is rather between those who can think with the law and those who use the law to stop. (I recall a similar distinction drawn by Hubbard in regards to policy.) Liberty is nonpartisan.

  69. Marty,
    I am not sure if this is the right blog post to ask this on but it would seem irresponsible not to ask this. As I understand it, you were with LRH when he died. Reports show that he had enough Vistarol in him to kill him and a bunch of fresh hypo marks. Are you able to talk about this yet? Will it be in your book?

  70. I have said it before (many times) the way to handle the legal issues with the Church as a former staff is via contract law.
    People are promised may things during recruitment that are NEVER delivered.
    That is breech of contract a failure to perform.
    Those promises can be verbal, or in writing.
    Once the staff member leaves, the Church has to deliver everything they promised to that staff member while the staff member was there under contract.

    That means, for every day you were in the Sea Org, the Church STILL RIGHT NOW owes you 21/2 hours a day enhancment for every day you were in.

    If they don’t want you in the academy or sitting in the HGC waiting for a session, they can offer you something else or the equivilant in value.

    If the auditing you thought you were going to get costs 250.00 an hour, then they owe you that auditing or 500.00 a day for every day you did not get your personal enhancment.

    All of what you were promised under contract they are still obligated to deliver for every day you performed.

  71. Marty, good point. If its reversed, as it probably will be, then Scientology
    is stuck with “its part of our religion, but we did not do it in this case” and that won’t fly.

    If not, all the secrets of their religion are on the web, and anyone can use it.

    Hmmm. I wonder which is better? BTW, where is Davey?

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