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SCIENTOLOGY DROPS A BOMB ON MONIQUE RATHBUN’S HARASSMENT LAWSUIT

—————-

Church files an Anti-SLAPP motion in the lawsuit, arguing that its 199-day intimidation of the Rathbuns was protected free speech

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Scientology’s chief private investigator now claims he is a Scientologist and was personally offended by Marty Rathbun’s apostasy

—————-

Mike Bennitt, an ex-Scientologist who has been filming proceedings, reports that he’s now being tailed by private investigators, and two local reporters are also being surveilled

 

Ricardo Cedillo presents Judge Waldrip with the church's stunning new motion

Ricardo Cedillo presents Judge Waldrip with the church’s stunning new motion

 
By Tony Ortega

The Church of Scientology International (CSI) filed an Anti-SLAPP motion Friday in Monique Rathbun’s harassment lawsuit against the church and its leader, David Miscavige. And that motion includes stunning admissions by the church as it attempts a major gamble to stop the lawsuit in its tracks.

It was supposed to be a routine hearing on Friday at the Comal County, Texas courthouse, where the parameters of a protective order were being hashed out by the two sides. Scientology had wanted the protective order to prevent Monique from sharing church evidence with her husband, Mark “Marty” Rathbun, who was once Miscavige’s top lieutenant. The church lost that battle: Marty will not only be able to view any evidence the church turns over, he’ll also be allowed to consult on the lawsuit freely.

But that news was overshadowed by Scientology’s Anti-SLAPP motion, which was dramatically delivered to Judge Dib Waldrip by Ricardo Cedillo, one of the lead local attorneys for the church who was making his first appearance after his involvement in another case had kept him away.

Texas is one of 28 US states that have enacted anti-SLAPP laws, which arose as protection for people who were being sued as a form of bullying. In a Strategic Lawsuit Against Public Participation, or SLAPP, a plaintiff files a lawsuit not necessarily to win, but rather to silence a defendant and burden them with court costs. But with an anti-SLAPP motion, a defendant can not only have such a lawsuit dismissed, but be awarded attorney’s costs and even punitive damages.

In one recent example, the website BoingBoing successfully filed an anti-SLAPP motion in 2009 after it was sued by MagicJack. The phone device maker was angered by BoingBoing’s reporting about its deceptive business practices, but the website proved that the lawsuit was really just an attempt to silence it, and successfully had MagicJack’s lawsuit dismissed and won most of its costs.

Essentially, the purpose of Anti-SLAPP statutes is to prevent bullies from suing small protesters out of existence.

“Here you have the opposite. Here the big bully is arguing that this lawsuit will prevent them from bullying further,” says attorney Scott Pilutik after reviewing the motion filed by Scientology.

In its motion, Scientology is making stunning admissions: That, for example, the Church of Scientology International now admits being involved in sending the “Squirrel Busters” crew to South Texas and paying some of their expenses so they could protest outside of the Rathbun home from April to September 2011 (earlier, CSI attorney Les Strieber had denied in court that CSI had sent the Squirrel Busters). Scientology private investigator David Lubow is admitting that he helped run the operation. Two other defendants in the lawsuit, Monty Drake and Steven Gregory Sloat, are similarly admitting to being part of Scientology schemes to surveil the Rathbuns.

In the decades-long history of Scientology litigation, there is little precedent for the church admitting so freely to such retaliatory behavior. But these admissions are part of a larger strategy. First, CSI once again falls on its sword, saying that it was responsible for all of the activities aimed at the Rathbuns but insisting that Scientology leader David Miscavige and the Religious Technology Center he nominally runs were blameless (both are asking to be let out of the lawsuit). Second, in the anti-SLAPP motion, CSI is arguing that all of the activity admitted to by Lubow and others was all protected free speech as CSI was forced to defend itself against Marty Rathbun and his “squirreling.”

Marty Rathbun spent 27 years in Scientology, many of them as the second-highest ranking official in the church, before he defected in 2004 and then began a blog critical of his former boss, David Miscavige, in 2009. Rathbun was among numerous “independent Scientologists” who blamed Miscavige for taking Scientology away from the practices and goals of its founder, L. Ron Hubbard, who died in 1986. A growing number of “indies,” including Rathbun, continued Scientology’s “auditing” — counseling — outside of the official church, a practice the church labels as “squirreling.” Calling someone a “squirrel” is the church’s way of branding someone a heretic, and there’s almost no worse thing you can call a Scientologist.

According to the declarations filed in the motion, John Allender, Richard Hirst, and other members of the “Squirrel Busters” team say they traveled to Texas to confront the Rathbuns because they were defending their church against Marty Rathbun’s heresy as the biggest squirrel of them all.

 

The Squirrel Busters, day one (April 18, 2011).

The Squirrel Busters, day one (April 18, 2011). That’s John Allender on the left and Richard Hirst on the right.

 
Monique Rathbun filed her lawsuit on August 16 after what she said were several years of surveillance and harassment at their home in Ingleside on the Bay, Texas, near Corpus Christi, where the Squirrel Busters showed up to protest over a span of 199 days while claiming to be making a documentary. After the Squirrel Busters left in September 2011, the Rathbuns discovered several months later that a house down the block had been set up with Internet-connected cameras which were aimed at their home.

Fed up with the constant surveillance, the Rathbuns moved last year to a more secluded house outside of San Antonio and the surveillance appeared to lessen. But then they noticed that a man was clearing brush in a property to the east of them that they had been told was uninhabited. The man, Steven Gregory Sloat, claimed to be a writer whose publisher had leased the land so he could finish his latest book. When the Rathbuns then found that a high-tech remote camera had been posted on a tree from that property and was aimed at their driveway, they decided that the man must actually be an agent of the church.

Now, the church admits not only that Sloat was hired to gather information about the Rathbuns, but that he had placed three cameras so they could record who was coming and going at the Rathbun house.

That revelation and many others are presented in Scientology’s lengthy motion and its exhibits. The church’s admissions are simply stunning. But some of them, we’ve found, are problematic. We’ll get to that a little later.

Before we get into the church’s admissions in more depth, we wanted to relate the surprising revelation that Scientology is apparently surveilling the court proceedings as it is being sued for surveillance.

Mike Bennitt is a former Scientologist who has been filming proceedings in the lawsuit at his own expense, making those videos available at his website.

Yesterday, Bennitt was in the courtroom, and he captured the moment when Ricardo Cedillo introduced himself by bringing Judge Waldrip the volumninous Anti-SLAPP motion and its exhibits. You’ll hear Cedillo say that although such a motion usually stops a lawsuit in its tracks and freezes all discovery, the church is not taking that position, and does not want to interfere with the scheduling of upcoming depositions (a minor concession, considering that this new motion asks for the case itself to be dismissed, and within the next 60 days).

 

 
Besides sharing that video with us, Bennitt tells us that it’s become very obvious he’s being trailed by three or more private investigators who have done little to hide the fact that he is now under their surveillance. During yesterday’s hearing, for example, one of the private eyes, who had been taking photos of him earlier, came into the courtroom to keep an eye on him.

“I confronted the guy at the lunch break. I walked up to him and said, ‘You know what I’m doing here?’ And he said, ‘Yeah.’ And I said, ‘Well, I know what you’re doing here, too’,” Bennitt told us.

When he returned to his hotel, which is in downtown New Braunfels, he was told by the management that a man had been calling, asking for information about him. But the management refused to give out any information about Bennitt. He says a woman who works at the hotel told him, “It’s the same guy who was asking for information about Mr. Childs.”

That’s a reference to Tampa Bay Times reporter Joe Childs, who stayed at the same hotel for a hearing in the lawsuit last month.

Bennitt tells us that two local reporters who are following the lawsuit both told him that they too have picked up tails. One writer told Bennitt that he and his wife were being followed, and that he’d found private eyes watching his driveway at five in the morning. Another writer, meanwhile, told Bennitt that after he came out with a story about the lawsuit, two men went to the Comal County building and ordered copies of his marriage certificate.

And last night, Bennitt called us from a Starbucks in the nearby town of San Marcos, where he’d gone hoping to get away from the harassment and get some work done. While he was there, he watched as a man drove up, parked his car, and then walked over to Bennitt’s rental car. Bennitt watched as the man tried to open the doors on his rental, but the doors were locked.

This was the third person that he’s seen keeping watch on him, Bennitt says.

 
[Next page: The spiritual angst of David Lubow]

 

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  • NOLAGirl

    Just when I thought they couldn’t get any more foolish, they go and prove me wrong again. More stalling tactics, I’m sure the Judge will LOVE that. LOL And Monique’s attorney is going to have a 50-acre field day with this.

    *pops more popcorn*

  • Observer

    I sleep till 11, wake up with a screaming sinus/caffeine deprivation headache (I’m a java junkie) and then … this.

    I have no words. I guess I’ll have to let a shoop do the talking. I only hope I can find the images I need to convey what I’m feeling right now.

    • Guest

      How about – “Head exploding”?

      • Verve

        Head explosion from the movie “Scanners” would work, but too common. Maybe a head implosion?

        • RMycroft

          Nazi head-melting?

      • Observer

        I’m thinking along the lines of a sniveling, snot-nosed bully getting some of his own handed back to him. We’ll see what I can find.

      • Sherbet

        I watched “Drive” last night, and you just gave me a flashback.

      • TheHoleDoesNotExist

        um, a little to violently graphic for me.

  • rayana00

    i love this gif

  • Mary_McConnell

    I wonder what all those churches backing Scientology will have to say after reading this Anti-Slapp stuff lol
    Some church, heh?
    NCC Amicus Brief
    http://www.scribd.com/doc/158747013/DeCrescenzo-Amicus-Brief-NCC

    • pronoia

      Every one of them should be sent a link to this blog post. By many people.

  • sugarplumfairy

    All that money that should have gone to paying taxes, now going to ethically-challenged attorneys and private investigators to harass and bully the courts, private citizens and the irrepressible fourth estate..

  • Heh! I can tell I’ve been indulging my Bunkerholic disposition too long because Chloe, my dog, starts loudly gnawing something just beyond view in the next room. Last time it was my brand-new leather cellphone pouch; I hate to think what it might be this time. Another indication is that my Anon tendencies seem to creep out . . . did anyone else read Paragraph 34 of Part One of the SLAPP motion DOX and start giggling? I know, I know, this is srsbizniss but, seriously, where else except in an Anon Internet hang-out are you likely to read the word “fap” seven times in as many sentences? Catch youse laters.

    : )

  • Sherbet

    Mike Rinder says DM was a no-show at last night’s graduation.

    • TheHoleDoesNotExist

      Okay then. Who wants to file a Missing Person’s Report?

      • pronoia

        And the trees. Don’t forget that parishioners must be billed for chopping down huge old oak trees.

        • TheHoleDoesNotExist

          Damn, that will be their next fundraiser.

          oh, Mike also mentioned he has three PI’s on him again, and some guy keeps bugging the reception clerk every hour at the hotel Mike is staying to find out if he’s in. And the clerk recognized as to one who has done this before.

          • Mooser

            I knew they wouldn’t leave the Rathbuns alone.

            • TheHoleDoesNotExist

              Mike Rinder, not Marty.

          • pronoia

            Crazy is as crazy does. I hope that people are tailing their tails with good quality video.

          • Poison Ivy

            Scientology has been the best thing for the Private Investigator business since Raymond Chandler.

      • Mooser

        “Okay then. Who wants to file a Missing Person’s Report?”

        Well, anybody who misses him desperately, wants him back, and is concerned about his welfare, and wants closure. So I guess nobody will do it.

      • cicely neville

        Seated, strapped in, but still remain on floor, with shattered jaw.

      • Vinay Agarwala

        LOL! But that’s telling. Slappy may be preparing for a flight.

      • tetloj

        Mike’s blog is a must read. It should be called ‘The Daily Insanity’

        • TheHoleDoesNotExist

          I agree.

      • Sunny Sands

        The Arena Group put up a youtube video showing that the 2 tent configuration was what they put up for the IAS in England.

        http://www.youtube.com/watch?v=SZlYNDe4zlg
        Maybe they want to secure all the rooms in a 5 mile radius because DM thinks it will keep protestors from securing those rooms. Pretty silly thinking, really.

        • Poison Ivy

          I’ll bet it does. It’s truly a seige mentality coming from COB.

        • TheHoleDoesNotExist

          I hadn’t noticed that! Oh no, you mean, they Lied? You can take it to the bank that DM’s paranoia is at top DefCon levels. Also, his mind started Retirement early.

        • tetloj

          Well he did buy a building recently to stop others using it….

      • Poison Ivy

        Perhaps Jenna could? She’s his niece, after all…

        • TheHoleDoesNotExist

          Hmmm

      • All hotel rooms within 5 miles of downtown Clearwater. Um, wow. That is some serious change; Clearwater is a major tourist destination despite everything Scientology’s done to it. There are a LOT of hotels.

        It’s also not going to be possible, even if they were able to raise the huge amount of money it would cost. Hotels are not going to call people up and say, “sorry, your booking has been canceled because Scientologists want your room.”

        • Poison Ivy

          Besides, hotels have the right of flexible pricing.
          They can just jack up all their room rates to $1000 a night.

        • John P.

          Interestingly, the Pinellas County Convention & Visitors Bureau claims 30,000 hotel rooms in the county. That’s more than there are Scientologists in the world. Let’s assume the average rate is $150 (that’s the average rate in South FL last winter per the Miami Sun-Sentinel; couldn’t find Pinellas County). At that rate, it would cost the cult $4.5 million per day to keep those rooms off the market. Yeah, that makes perfect sense to me. Or maybe the cult is lying. Who would have thunk it?

          • Clearwater has some seriously expensive hotels, though. I’d guess more than $150/night average, even outside tourist season. I’d like to figure this out; anyone know the address of the SP building?

            • TheHoleDoesNotExist

              The complex occupies an city block at 215 South Fort Harrison Avenue.

            • Thanks! Off to mapquest I go.

            • GlibWog

              Thank you Lliira..My Nosey self is satisfied now.. All I keep thinking bout is FT Harrison’s Bedbugs…scratchin myself..

          • TheHoleDoesNotExist

            Prices jack up start of height of tourist season which is officially October 15. Some small motels, but otherwise $200 to $300 a night and 3 night stay minimum on weekends. Many tourists from other countries and they book directly on the beaches hotels a year in advance typically, 6 months on the outside.

            • John P.

              They were seeing 85% occupancy in South Florida last winter, which was practically a record, and the average room yield was up like 10% over the prior year. So it was a real boom market down there. I’d have to believe Tampa was similar, even excluding the effect of the GOP convention last August.

              While I am not a hotel analyst, I have some experience with airlines, who use similar models. Typically, hotels (particularly in seasonal resort areas) will pre-sell some chunk of rooms to tour packagers a year out to guarantee themselves a certain minimum level of occupancy, and to keep that money out of the hands of their competitors. The hotel gets paid regardless of whether the tour consolidator actually fills the room. They typically pay handsomely for the privilege: a $200 room will sell a year out to a consolidator for $125, but the hotel gets paid a year in advance, which is a huge boost to cash flow, and they have no risk. There are also a lot of last-minute deals in case of cancellations that pull yields down. So even if the nominal rate advertised on Travelocity might be $200, the average yield for the room will be a lot lower.

              Irrespective of the above points, it’s insanity for the cult to actually try and Hoover up all the hotel rooms in Pinellas County; far better to buy a new Idle Morgue building for some lucky city every two days than it would be to waste money on blocking hotel rooms. At least when the Idle Morgues tank, Miscavige can sell the building and pocket the profits; you can’t do that with hotel rooms.

          • richelieu jr

            John P, it is just like you to drag maths into this and ruin everybody’s fun!

        • Verve

          5 miles radius would cover all of Manhattan, or most of Los Angeles. That’s kinda nuts.

          • Eyeballing it quickly on a map: it covers all of Clearwater but a smidgen in the east, and most of Dunedin and Largo. “Kinda nuts” is putting it kindly.

          • jeff

            Manhattan, yes. LA, no….LA is HUGE.

        • TheHoleDoesNotExist

          Um, yeah, and Tourist season has already officially begun in Pinellas County beaches.

      • media_lush

        he has my favourite visual metaphor so far:

        “This is an amazing turn of events that is like the pilot of a plane with failing engines pushing passengers out the door to try and lighten the load and save himself.”

        • TheHoleDoesNotExist

          Loved it, as well as the throw under the bus visuals here. Sort of reminescent of “Planes, Trains and Automobiles”

        • richelieu jr

          It’s more like a guy in a crashing plane checking out how many frequent flyer miles he has to see if he can somehow get on a better flight…

      • Peter

        Not buying up the hotel/motel rooms, simply reserving them for this still undated events.

    • 1subgenius

      I believe that’s 2 weeks in a row.
      I’m giving 4 to 1 odds today that the “big events” in Clearwater don’t happen.
      I started at 4 to 1, then the Dutch ruling, with it’s ability to give DM something to trumpet, made me go 50-50.
      Today, it’s back to 4 to 1.
      Not gonna happen.

      • Robert Eckert

        That’s FOUR weeks in a row.

        And catch Mike’s priceless characterization of these latest legal maneuverings: “This is an amazing turn of events that is like the pilot of a plane with failing engines pushing passengers out the door to try and lighten the load and save himself.”

        • TheHoleDoesNotExist

          I thought it was 5 weeks now?

          • Robert Eckert

            Is it? I might have lost count.

        • 1subgenius

          Always a pleasure to be advised that I have underestimated the amount of fail that is Mr. David Miscavige.

      • Sherbet

        You must be the Bunker Bookie.

        • 1subgenius

          I’m not sure which is harder: saying something is, or is not going to happen, which is 50-50 odds, and implies a certain kind of illusory certainty, or giving percentage odds, which implies a more nuanced analysis, but gives one an equal excuse for being wrong.
          Either way, unless you put actual money, or something of value, on the outcome, its just an exercise in cranial flatulence.
          Having something on the outcome certainly heightens one’s neurotransmitter production.

      • ze moo

        If Davey misses the SP opening and IAS convention, he is toast. The loyal clamdom will oust him. There is too much ‘ecclesiastical’ woo woo and money raising at stake. The tents will be used for something, if only a ‘yea we are Lrons children and we won’t be picked on’.

  • Funnybroad

    Watching this case unfold is gonna be fun…

    • Cat Daddy

      brilliance

  • dagobarbz

    Okay, it’s very clear where this genius idea came from. If you look at the past two years ass-hattery from the Deep South, you’ll notice that the fundies have challenged proposed anti-bullying laws in school because it would curtail their little Christian need to harass the gay and the different and the uppity.

    Bullies demanding the right to bully as a religious right, because their doctrine hates gay kids?
    Hard to fathom but yep, it’s true.

    And Scientology just tore a page right out of their playbook, but here’s the thing. This may fly in the Deep South, but no matter how batshit Texas gets on its own, it is a unique state with its own cuisine and everything. What flies in the Derp South may not fly in Texas, Rick Perry aside.

    • Yep. Sexual harassers of all stripes often pretend that their harassment is “free speech” in attempts to get away with it. Worst of all, there are people who buy this crap.

      • Poison Ivy

        Like I said, the Founders are weeping in heaven. This isn’t what they intended, and any fair-minded jurist knows it.

        • Unfortunately, there are plenty of not-fair-minded jurists around. Waldrip seems to be a good one, though.

    • Robert Eckert

      Ah, but that only applies to Christians, because Christians have divine truth. Nowhere in the Deep South would the religious right to be bullies apply to, say, Mooozlims. Scientology as a non-Christian “religion” falls into the category of “devil worshippers” who have no rights.

      • I dunno. That type of Christian often makes common cause with other religious types, so long as they see those religious types and the religion they belong to as “white”.

    • Sibs

      In my experience when asked the fundamentalists don’t justify the bullying as a “religious right”. It’s just the way things are (and if you don’t conform or you’re not man enough to put up with it then get out of town or go kill yourself).

      • dagobarbz

        Well of COURSE they wouldn’t…that would make their religion sound intolerant and hateful.

      • Robert Eckert

        In Michigan it is explicit that schools may not adopt anti-bullying policies which interfere with “protected religious speech” (like “you fag, you’re goin to hell”)

    • TXCowgirl

      Alabama, Georgia, Louisiana, Mississippi, and South Carolina are considered the true Deep South. Parts of northeast Texas roll along with them. For the most part, Texas is “down south” or southwest, including New Braunfels. Just saying…..

  • Oyster Bay

    A truly reprehensible band of monsters. I never cease to be baffled by how far they will go to keep from being held accountable for their atrocities.

    • AsthmaticDwarf

      Dave Miscavige. Lafayette R H. Both sociopaths. Their MO is going farther than anyone could imagine anyone else would go.

  • joan nieman

    I guess we shouldn’t be at all suprised by any twist the cult takes, or tries to take. I really can’t even comment on this presently. They have pulled another card from their sleeve. One could only hope it is the joker.

    • ze moo

      I think they are playing this game with a pinochle deck The extra jokers are a dead give away.

  • Ivan Mapother

    I would think that now the clams admit they were underwriting the Squirrel Busters, Ray Jeffery will be asking for an itemized accounting of their expenses. Let’s see… travel, meals, lodging, golf cart rental, sex toys, labor, clothing, sun glasses, smokes… yep it’s all here.

    • Sunny Sands

      The florist who sent the flowers with the romantic message needs to be contacted.

      • Poison Ivy

        There has got to be some sort of paper trail there. Even phone records connecting the order to Hemet or Clearwater would be evidence that would prove perjury.

        • TheHoleDoesNotExist

          Was the dildo sent via Amazon marketplace? I would sure like to know that. And Amazon would have records, meticulous records.

          • If these fuckwits were smart, they’d buy it at a meatspace store using cash. But if they bought it online — many online sex toy stores would be very angry, to put it mildly, that their product was used in order to sexually harass someone.

            • TheHoleDoesNotExist

              Amazon used to sell them and, not making this up, I think under brand name or title of Johnson or Johnston. And they came in options of white or black.

            • Amazon sells lots of dildos and other sex toys from lots of different companies. The Doc Johnson brand name is entirely separate from Amazon, and the toys the Doc Johnson company makes are sold many places other than on Amazon.

        • BananaSplits8

          I’ve had a question at the back of my mind all day. I once provided an affidavit in a relatively trivial civil case. Nonetheless, the lawyer who interviewed me did, what I’d call “due diligence” to verify that what I was saying was true: among other questions, she asked probing questions to validate my statement and also asked if I ever said/wrote/did anything stating the contrary.

          These basic measures to secure a solid case are inexistent in this motion. It’s so bizarre for this caliber of lawyers to be doing this.

      • joan nieman

        Yes Sunny!

    • Miss Tia

      yep, since they admit it now, request those documents as part of discovery……

  • jmh

    I know this is only a ploy of desperation, but really? These bastards file a motion essentially saying they are the ones being bullied? Hahahahahaha. They are doomed on all levels with Waldrip as judge.

  • Izzysson

    It seems that virtually EVERYTHING Ray Jeffrey asserted in his statements to the court are (with the exception of Slappy’s involvement) have been buttressed by ‘church’ admissions, and that conversely EVERYTHING that was earlier asserted by ‘church’ attorneys has been cast to the wind. This will not escape the notice of the court
    In civil cases, the standard is “a preponderance of the evidence” and it seems that the ‘church’ has dug quite a hole for themselves, and is unaware of the first rule of holes, which is “Stop Digging!”

    • TheHoleDoesNotExist

      I approve of this holy message.

    • Vinay Agarwala

      By bringing in the issue of maintaining the purity of religion, the Church attorneys are justifying the involvement of RTC. They are trying to move away from the consideration of the issue that Slappy controls all of Scientology at all times.

      • tetloj

        COB / RTC are still trying to get out of it. They are admitting CSI’s responsibility and trying to justify it on religious grounds.

        • BananaSplits8

          However, it may backfire on them since this motion mentions several times interest and indignation at copyright and religious integrity. By the church’s own doctrine, this falls under COB/RTC’s jursidiction.

          Ooops.

          • tetloj

            It’s hard to digest whether this is confusion or part of a cunning plan.

            • pronoia

              My guess is the former. Because it is a seriously confused Mish mash. If there is any cunning, it is on the part of the attorneys who are busy figuring out how they can make as much moolah as possible while doing their part to expose the true nature of the nasty beast they are working for, as a form of atonement.

            • BananaSplits8

              My feeling is it’s an attempt at cunning, however, per Tikk’s assessment:

              “Although I think Scientology’s motion is ultimately doomed, I also think
              they’re OK with that. Not only will wads of attorney’s fees be burned
              through, but they’ll get a chance to try the case in advance of the
              actual trial with only the risk of losing the motion, not the case.”

              Thing is, if I’m understanding it correctly, defendant lawyers have a misunderstaning of their client and are assuming they are dealing with someone who is relatively rational and truthful to them.

              If they think losing the motion is their worst case scenario yet take some advantage out of it, they have many surprises coming.

            • tetloj

              Yep, It seems like they are thwarting their own delay tactics because every time they open their mouths they are further muddying the distinction between CSI and RTC. So they get their delay but shoot holes in their own arguments to exclude DM/RTC from the suit.

            • TheHoleDoesNotExist

              or cunning as part of a confused plan.

        • Vinay Agarwala

          Isn’t RTC ultimately responsible for copyrights and religious purity of the religion of Scientology?

          • Robert Eckert

            That is correct. That is why this move is self-damaging to a crazy degree.

            • Cat Daddy

              Nah, CST will buy them for 100 dollars

      • Isaac Clarke

        Good point. If the RTC is supposedly about holding trademarks and maintaining the “purity” of Scientology, then it make little sense that enforcing trademarks and maintaining “purity” has nothing to do with RTC.

      • Izzysson

        If Hubbards words constitute religious scripture, and Hubbard wrote “Always attack, never defend” and “ruin them utterly”, then it logically follows that harassment IS a “sacrament” or a part of the religious doctrine of this IRS approved “church.”

        • Vinay Agarwala

          The church is ruining the reputation of IRS now.

    • 1subgenius

      “…the first rule of holes, which is “Stop Digging!””

      I like that.
      The First Rule of Holes. Will use.

      • Izzysson

        Wish I could remember where I read it.

    • BananaSplits8

      What if holes do not exist?

      • TheHoleDoesNotExist

        shhhhhhhh

      • Izzysson

        LOL

  • Tim Hallinan

    I’d be interested in knowing whether there’s a fund somewhere to support the “Rathburns'” legal costs. I’m not rich, but if it were possible to donate something through, say, PayPal, I’d do it immediately. But maybe the correspondent below is right when he says Jeffrey is working on contingency.

    • tetloj

      I imagine RJ has a nice little stash he made from Debbie Cook’s representation.

      • Tim Hallinan

        I hope so, because the Cherch (it doesn’t deserve to be called a church) is obviously desperate and throwing everything, sane and insane alike, at this case.

  • Mooser

    Told ya! I thought it was a sure bet that Scientiology would not be able to leave this alone and let the legal system take its course.

  • ze moo

    It is very odd and illegal that any PI following Mike Bennitt would try to get into his car. Is burglary a protected ‘religious sacrament now? Seems the dwarfenführer does not want Mike’s coverage on the intertubez. Light is a great disinfectant.

    • NevahIn

      They call it “criminal trespassing” where I live…

  • Sherbet

    Since the defendants have the right to remain bonkers, this case — like all cases — must be decided based on evidence. Judge Waldrip shaking his head in disbelief isn’t enough, is it?

    • Verve

      If it was a movie, if just punched the lawyer in the face, it would be appropriate. I thought he might rip his mustache off, though.

      • Sherbet

        I’m imagining Judge Waldrip paraphrasing Joseph Welch: “Have you no sense of decency, sir?”

  • Poison Ivy

    OMFG.

    I’m furious. Is anyone else f’ing furious?

    I haven’t had time to read the comments but I had to ask that right off the bat. That thump-thump-thumping you hear right now is all of our esteemed framers flipping over and over in their graves. Those boys thought King George was bad – they never in their wildest dreams imagined LRH.

    What the “church” is doing – as they’ve done for decades – is perverting the first amendment and using that to excuse harassment, stalking, slander, libel, intimidation, trespassing, invasion of privacy, etc. etc. etc.

    LRH set this all up to work exactly as it’s working now. Miscavige has clearly learned well from Operation Snow White and what went wrong with it.

    If this argument flies, my God! It’s a precedent to allow personal harassment as an element of “free speech!” And the way Scientology is playing that out in the stalking of reporters is clearly them doubling down on that contention. (Of course, their argument is inherently contradictory in that they are arguing that they are allowed to use harassment as free speech while Marty is not even allowed to write a damn blog or practice his own freedom of religion in his own way.) “Marty, Marty, Marty!” indeed. (Thanks for making me laugh there, Tony, because this makes me want to punch someone.)

    I’m just dumbfounded and absolutely furious. This is America. Free speech was never intended to mean we can make our neighbors lives hell.

    • Sherbet

      ‘zactly, PI.

      My son the atheist wears a St. Christopher’s medal that was brought from the Old Country by a grandparent. That makes him a squirrel. I’m off to mount surveillance cameras over his desk. BRB

      • Poison Ivy

        Don’t forget to send him a Dildo.

        • Verve

          Oh, so so wrong Ivy! (Yet so funny.)

        • SciWatcher

          hahahaha, oh my god, that literally made me laugh out loud. Several times.

        • Too Much

          🙂 I screamed laughter.

      • loulai

        I like it that your son has enough family feeling to wear the medal that came with his grand parent to the “new world”. You must be doing something right.

        • 1subgenius

          Yes, that is a nice thing for you to notice.

        • Sherbet

          Thank you for the compliment, loulai. My son’s a good guy, too.

      • 1subgenius

        Some Irish poet said, “I do not believe in God, and Mary is his mother.”

    • 1subgenius

      “If this argument flies, my God!”

      It’s not going to, so calm down.
      You can, however, be furious at the delay this spurious tactic will cause.
      Oh wait, cancel that, because if one gets furious at everything they do then one will be mad all the time.
      Expect more of this sort of thing.

      • Verve

        You are correct SubG- calm is required. By the judge, by the defendants and their lawyers, and by us. Illogical evil will be overcome by logical good. You can phrase it any number of ways, but I like that one.

        • joan nieman

          I like that Verve. Let’s hope that this goes down as fast as it came up! It is despicable to say the least.

    • Verve

      From what I’ve been reading for the past 4 hours, this group isn’t so much furious as laughing and bewildered by the sheer insanity of this move/tactic.

    • Observer

      Inarticulate with fury.

    • edge

      This is absolutely sickening what the CoS is doing. To all the reporters following this case, keep writing! The Church has money, but what it doesn’t have is lots of followers. There is about 30,000 worldwide. Tops. The circulation of small city newspapers is higher than that. Hell, the web traffic of this blog and other “squirrel” blogs is greater than that of the Church’s official website. You’re not taking on a massive monolithic organization. You are taking on a high school dropout bully with a lot of money on his hands.

      Harassment is NOT free and protected speech. The Church will fail in its attempts to silence Monique and the reporters following this and other cases.

      • ze moo

        I suspect that the number of dues paying IAS membership is now around 15k, worldwide. The last 2 years have seen a large and quiet exodus from the scam. The Debbie Cook email and Tomkat stuff really opened the exit ramp. Every time a clam related story hits the news, the crazy is discussed. Average members of the CO$ know how unpopular the clamdom has become.

        • TheHoleDoesNotExist

          Yes, that 30,000 figure is many years and exit stampede old.

          • mirele

            I wonder how many of that 30K are lifers who headed for the exits a while ago (or even yesterday)?

    • Robert Eckert

      All I hear about is “Marty, Marty, Marty”!

      http://www.youtube.com/watch?v=-yZHveWFvqM

    • Sunny Sands

      It reminds me of FLDS leader Warren Jeffs polygamously marrying a 12-year old as part of his “religious” rights.

      • NOLAGirl

        I’ve followed that group and the stories coming out of there for years, and well…we see how Texas handled his “religious rights” 🙂

    • TheHoleDoesNotExist

      “I’m just dumbfounded and absolutely furious.” Welcome to my world. Scientology has been above the law for decades and when they weren’t, they paid to Silence the complaints. Decades, PI.

      This is Why Tony and those few like him are held in such high esteem. He is given a voice to the silence. And it is still my dream that scientology’s abuse of human beings As Well As the law will be the case put before the authorities to change our existing slanted laws. It is overdue.

  • Funnybroad

    I think the CO$ is going to learn a thing or two about Texas and Texans…

  • Sunny Sands

    Tent Watchers’ Update There were lots of sea org carrying things into Tent #1 this morning. Also more sea org on the sidewalks downtown.

    • Sherbet

      That must be the bus under which there will be much throwing.

      • 1subgenius

        “We’re gonna need a bigger bus.”

        • Verve

          Should be- “We’re gonna need a bigger toilet to flush our BS down.”

      • Sunny Sands

        That one’s begging for a shoop.

    • TheHoleDoesNotExist

      Are they have an old fashioned church bazaar? Selling the shirts off their backs? Were there any door knobs spotted? Gold Teeth? That arrow guy looks like he’s carrying a rolled up sleeping bag. Hmmm

      • Donut

        A rolled up wee Davy?

      • Sunny Sands

        That’s exactly what it looked like.

    • GlibWog

      Sunny.. OMG I do so look forward to your Tent Updates.. Thank you so much for taking the time and effort to keep us informed xox Glibby

  • I roar with laughter at the irony! I was sued by the church in 2009 for my aggressive protesting and my lawyer and I threw a SLAPP lawsuit at them saying they were just trying to bully me into submission. To have them use this now on somebody else is hysterically funny!
    And wny would they now admit to doing things that their lawyers had previously said in court they did not do?
    Can you say “Painted into a corner??”

    • Sunny Sands

      You rock, AGP.

    • Mrs Libnish

      I watched the Moxon Depo’s on your YouTube and wondered what happened. Did that SLAPP effectively end the harrassment?

    • NevahIn

      That is a huge danger for the CoS as time goes by. It seems like each case they “win”, is by an ever narrowing margin. Look at what else has been written about who they wish to depose and why.

      I think “painted into a corner” that is getting smaller and smaller each time they go to court is a perfect way to describe what is happening. At this rate, they will run out of room to move- they would have too much on record to be able to say or do much more.

    • SciWatcher

      That must be where little Davey got the idea! I can’t imagine his lawyers recommending it. And he ain’t the sharpest tool in the shed.

    • Cat Daddy
  • richelieu jr

    Do you think Miscavige just said, “This is a job for Lublow! I need him! Marty, Mike: Get me a Lublow job!”

    You have to love the thought of Miscavige squandering Hubbard’s lucre on Lublow jobs.

    • tetloj

      Every time I see Lubow I think of Arrested Development’s Bob Loblaw

      • richelieu jr

        Yes, instead of Bob Loblaw’s Law Blog, it’s ‘Lublow’s Low Blows’!

    • SciWatcher

      Hahahaha!

    • 1subgenius

      Very good.
      Reminds me of the president who told the intern that he wanted her in either an above job or a below job.

  • mirele

    What concerns me about this anti-SLAPP attempt is that there are leaders in other (allegedly) more mainstream religious organizations out there who are “bedeviled” (in their own minds) by their own detractors, who are pointing out abuses of power and money, as well as coverups involving child molesters and the like. These men (they’re almost all men) would LOVE to be able to legally harass the bloggers bringing their financial malfeasance, personal misdeeds and destructive behaviors to the public.

    So this just isn’t Scientology claiming a First Amendment right to harass. There are many religious organizations who would love to be able to bother their critics in the name of the First Amendment.

    • pronoia

      This^^^^^^^^^ There are also any number of noxious political organizations who would love to be able to use this tactic to shut up critics. Guns, racism, homophobia. If CoS gets away with this, it could open up a gigantic Pandora’s box. Which is why this will noyt get far on appeal, with or without Eric Lieberman

      • Mooser

        Gee, I don’t want to discourage Davey, but wasn’t the question of which would have precedence, the laws of the state or the tendency for religions to act as their own law, settled, oh, about two hundred years ago? BTW, the Church lost.
        For being the key to our future, Scientology seems to be way behind the times.

        Oddly enough, all this is making me much more sympathetic towards the “indies”. It would be very easy to believe that Scientology is beneficial or at least harmless, if it could only be gotten away from MsCavige.

      • Peter

        Guns?

    • TheHoleDoesNotExist

      Exactly this, mirele. Scientology’s deliberate manipulation of the existing laws that lean too far in one direction are the most flagrant of all the other like minded entities, namely, sociopaths who drape themselves in religious cloaks. Perhaps This case will be the one that will prod the lawmakers to see a real need in this country to make the proper adjustments. Stalking is a very common retaliation tactic by sociopaths who get rejected.

      This case seems to me to be a red flag that is being waved right in the faces of those who need to stir up the will to get this done…finally. Scientology is small, but when you add up all the others, there are significant enough American victims number wise …and vote wise, that I would hope gets their attention.

  • Vinay Agarwala

    The most dangerous thing in Slappy’s mind seems to be for this case to follow a trail that shows that Slappy has been running every aspect of the official Church of Scientology. That will make the official structure of Scientology a sham.

  • Isaac Clarke

    Seems like vexatious litigation to me.

  • Still_On_Your_Side

    So the Church of Scientology has admitted it believes it must defend itself by destroying its enemies. How uncool. I think the church is going to find this lawsuit is the biggest mistake it has ever made. Years ago, corporate America used the same justification, that it was under attack, to justify dirty tricks, harassment, and surveillance. After awhile, the media and the public had enough, there was expose after expose. The blowback was tremendous and corporate America learned Americans hate bullies. The church’s admission that it carries out dirty tricks, harassment and surveillance of its “enemies” will be viewed with disgust and anger. Good bye recruitment. Hello more booing of Cruise and other celeb church members.

    Anti-SLAPP is to protect David from Goliath. The church, by its own admission, is the Goliath, it has billions of dollars and hundreds of buildings. This tactic will not work. What the Church of Scientology has forgotten is the eyes of the world are on them. This explosive admission that it is behind all of the surveillance and harassment may be a court tactic but the average person is going to appalled. I hope that congress is enraged enough by this that they finally investigate how a “church” that is run as a Gestapo is allowed to continue to have tax exemption.

    • SciWatcher

      Davey just thinks he’s David in that metaphor because he’s smaller than everyone else.

  • BigMcLargeHuge

    CSI just did Monique and Ray Jeffery a huge favor. They basically stipulated to all the factual issues in the case (other than jurisdictional issues re: RTC/COB) and are now just going to argue legal issues about whether they were allowed to do the conduct. This cuts way down on the discovery that needs to be done and eliminates the ability for most of the Defendants to actually dispute anything.

    The argument itself is pretty crazy and shows a really high level of myopia. It is basically saying CSI’s First Amendment Rights deserve legal protection but that Monique (and really Marty as Tony has appropriately noted) has no similar First Amendment rights to speech, religion, or assembly. They are going to lose that because the rights they are claiming to exercise are actually incidental to the practice of the religion (at least to anyone not insane), i.e. surveillance, harassment, etc., while the Rathburns are exercising core rights of free speech, free assembly and practice of religion. No way the former trumps the latter.

    • 1subgenius

      Yes on the stip to the facts, which in effect is a default as to liability (assuming the asshat legal arguments are dismissed), and which, therefore may be the first step in actually keeping DM out of it, since the only issue will then be damages.
      Defend strenuously, while conceding.
      I don’t think Ray and the Rathbun’s can viably have a goal that absolutely requires the “getting” of DM personally.
      The question is, has been, and will be increasingly, “How much is it worth?”

      And it’s a serious question. How much is what Mosey went through worth?
      (Edit to add my 2 cents: it’s certainly not the worst injuries I’ve ever seen.)

      There is a market value for these things. If the parties don’t agree, the judge or jury will set the market value.

      • loulai

        I actually do think they have a goal of getting Miscavige personally. They know that he is “source” for the evils visited upon the blind mice still in and the brave souls who left and continue the fight. So Miscavige’s defeat is the ultimate goal even if it comes in increments.

        • 1subgenius

          I said “absolutely requires”. There is no way that this can be achieved with certainty.
          They would like it, but this case can easily be resolved to their satisfaction without it.

          • Elen

            You are pointing exactly to what I am wondering Genius … What is it exactly that Mosey wants? To be left alone (along with her family & friends) or to “get” miscavige to testify? What is the end game? I know what we all want to see!!

            • 1subgenius

              I’ll assume those are all rhetorical questions, because of course, I’m not Mosey.
              And avoid “all” because I don’t think you know what I want to see.

            • Elen

              Yes, rhetorical…your posts simply highlight what I am wondering… and yes, of course, I should have said “many” rather than “all” … the general consensus on this board is not difficult to read, but I certainly don’t know what each individual’s thoughts are, nor Mosey’s.

            • Robert Eckert

              Mosey testified as to what she wants at the two-day hearing. It is not mere speculation.

            • Elen

              Thank you

            • joan nieman

              Robert, we need your statements to convince us! Thank you for the reassurance!

            • Once_Born

              Does it matter what Mosey’s motives are?

              In the simplest case, she just wants to be free of outrageous harassment. If she achieves this, she will have Miscavige wriggling ‘on the hook’ whether she wants to or not.

              He is so obsessed with her husband that, whenever COB loses in any way he will be driven to heights of hatred and paranoia that are, surely, their own punishment.

              This is vendetta. Whether she just wants a quiet life (likely) of has a hidden agenda (unlikely) Miscavige will still hate her as long as she lives.

            • Elen

              Just wondering aloud… I do wish Mosey & Marty peace, love & happiness.

            • Once_Born

              Agreed. Peace, love, happiness – and justice – for Mosey and Marty and all of the other people who have suffered at the hands of the CofS down the years.

            • Robert Eckert

              The end game is a court decree directed at Miscavige personally and his corporate agents, forbidding them from continuing to engage in a long list of bad behaviors.

            • Elen

              Thank you… I slogged through the documents. It is almost unbelievable what CoS is claiming.

          • loulai

            Yeah, I take your point. Hence: “So Miscavige’s defeat is the ultimate goal even if it comes in increments.” Actually, I think we are saying the same thing.

            • 1subgenius

              I agree.

        • pronoia

          i dunno. Mosey is not a scilon which means she was never trained to be anyone’s lackey. Marty is obviously distancing himself from LRH and that may have to do with Mosey It may be a case of its either me or your crackpot religion. and oh yes, I want your former friends off my doorstep and out of my life . and Marty noy being entirely stupid would be prone to play it Mosey’s way. Which would not be about spendingt ne rest of her life with Marty chasing down David Miscavige Besides. He is his own ruin.

      • Gerard Plourde

        I think that the strategy is to get Miscavige into a position where he can’t avoid testifying under oath. What will he do if he is faced with that prospect?

        • pronoia

          Oh that is easy. He would be willing to offer them a boatload of money to avoid facing that very prospect . Along with a few concessions such as an ironclad agreement by all scilon entities to no more harrassment of any sort

          • Gerard Plourde

            But if the point is to force him to testify a money settlement at this stage isn’t going to work.

            • 1subgenius

              That’s why it can’t be a go to hell goal or demand.
              CoS can concede liability and DM won’t have to testify.

          • 1subgenius

            If they concede liability they don’t have to negotiate a settlement, they can go to trial on the issue of damages.

            • Gerard Plourde

              That’s true. But the admissions will be part of the record and can be used by other plaintiffs in future suits.

            • 1subgenius

              No. It’s a pretty unique factual situation.

            • Gerard Plourde

              The facts concerning Mosey, true. But they’re admitting that the cult has a policy of harassment.

        • 1subgenius

          If they concede liability there won’t be any Miscavige testimony.

          • TheHoleDoesNotExist

            and Miscavige will never, ever, ever walk into a courtroom. Not going to happen. He Knows he will screw up and get himself in trouble. His lawyers would have advised him of this many times, over the years. He will pay or flee. Mosey, a Million is far too low. Billion sounds neat and tidy.

            • 1subgenius

              Their best bet is to go to trial on damages.
              I said I would stick my neck out and guess what this jury would do, not even knowing the jury, but knowing much if not most of what happened to her.
              5

            • Gerard Plourde

              I agree that that would be the best they could do, but it puts them between a rock and a hard place for future litigation.

            • 1subgenius

              I really don’t mean to be disagreeable for its own sake, but they’ve been through this many times and the litigation isn’t what has put them in a hard place for other, and future litigation.
              It’s their continuing behavior.

          • Gerard Plourde

            True. But what would they be required to admit in order to get a settlement? The suit alleges that the entire organization is interconnected and subject to Miacvige personally. Would they go that far to concede that?

            • 1subgenius

              I don’t understand the question. If they concede liability. The trial is just on damages.

            • Gerard Plourde

              If they concede liability they have admissions on the record that the cult engages in harassment. Those admissions can be used in future suits by other plaintiffs, leaving the cult wide open to unending payouts.

            • 1subgenius

              I’m not sure defaulting on liability would be an admission that could be used, but I’ll let you do the research on that and get back to us.
              Or you can try and enjoy the rest of your day. (LOL)

            • Captain Howdy

              “which is what I think I’m gonna do”

              Even after the Sox are headed to the Big Game?

            • 1subgenius

              Not on until 8. There’s a lotta fun out there in the meantime.
              Even though I’m on two wheels and it’s raining.
              Both me and the scoot are waterproof.

            • Captain Howdy

              TV Guide says it starts at 4 but MLB site says 8.

            • 1subgenius

              its 8 cause stl won

            • TheHoleDoesNotExist

              Brought some cheerleaders for ya’.

              http://i39.tinypic.com/n6t65f.jpg

            • Captain Howdy

              Thanks, we love the Cards..they’re tasty and go down easy.

            • TheHoleDoesNotExist
            • Robert Eckert

              Tigers have a bigger bone to pick with the Cardinals.

            • Gerard Plourde

              I’m thinking that an admission of liability regarding an intentional tort is of a far greater magnitude than admitting liability due to negligence.

            • Robert Eckert

              No no no. It is NOT just about damages, and Mosey stunned the CSI attorney last time by saying the money isn’t even important to her.

            • 1subgenius

              Can’t tell if you’re being facetious, but if not, that was then. Wait until the cash starts piling up.
              I’m not against either. She should be left alone and compensated.
              (Edit: neither of us said “just about”, we were talking “principally”.)

            • Robert Eckert

              She has stated explicitly that her first priority is the guarantee she will left alone, and that the money is very much secondary. And this is what makes it impossible for Miscavige to settle: he would need to sign off on a consent decree binding him personally to abstain from his favorite behaviors.

            • 1subgenius

              I get your point.

              If jurisdiction is obtained. And then only, if his involvement is found as a matter of fact.
              And alternately to a trial, if she continues to require the sign off/consent.

            • TheHoleDoesNotExist

              Hypothetically, if DM did sign off on such, and then continued to harass, what would the potential charges be (and I am fishing here for something in the criminal vein)?

            • Robert Eckert

              It would be a contempt of court. Yes, you can go to jail for that.

            • TheHoleDoesNotExist

              I just went to my happy place then.

          • Isaac Clarke

            I don’t know if they will be satisfied until the RTC concedes liability. I think that is a central issue for the Rathbuns here. I suspect what they want is to prove it was Miscavige harassing them.

        • Observer

          I bet he’ll run like the wind if it looks like he’ll have to face Ray Jeffrey.

      • Noni Mause

        They wouldn’t want this to go to a jury to determine damages, would they? Squirrel busters harassment x 199 days would outrage any normal person.

        • 1subgenius

          Well I’ve put a number on what a group of jurors would value that outrage.
          Go for it.

          • Noni Mause

            Do tell, 1sub!

            • 1subgenius

              I should make you go look but I won’t.
              5

            • Noni Mause

              Gah! You meanie!!

            • 1subgenius

              What do you mean?

            • Noni Mause

              Now I’m confused. Sounded like a jokey deliberate ‘withhold’. I’m obviously missing something. No matter. 🙂

            • 1subgenius

              My number is 5. with 6 zeros.

            • GlibWog

              Sub.. hahahah I picked 5 up when you first wrote it a while back..
              I was thinking 10

            • 1subgenius

              Certainly in the realm of reality.
              Although no one else is reading this, anyone else who wants to join the fun, the number we are guessing is what a jury in this particular court will award.
              Of course the guess is based on what we know today.

            • Noni Mause

              D’oh! The 5 is sitting just above the up arrow and I thought it was your upvotes. Silly moi. 5 mill huh, that’d leave a nasty taste in DM’s mouth.

          • Hyperion

            I think it’s 1.28093489634062056220984098745907309875039750 million.

            Hubbard would chide me for being so vague.

            • 1subgenius

              Very good.

      • Robert Eckert

        “I don’t think Ray and the Rathbun’s can viably have a goal that absolutely requires the “getting” of DM personally.” Yes they can, because this is not principally a suit for monetary damages, but for injunctive relief, and the injunction is meaningless unless directed at the actual persons who are responsible for the harassing conduct.

        • 1subgenius

          Damn, foiled by equity.

          You, sir, are quite correct. Although, whether they acquire personal jurisdiction remains to be seen.

          Weird question, because the injunction is in effect already. Can one agree to an injunction without submitting to personal jurisdiction?
          They have so far. I’ll let you research it, because I have already promised myself that I would go out and enjoy this day, before the big showdown at Fenway.
          There’s always something to be done before one can just do something.

          • Robert Eckert

            “Can one agree to an injunction without submitting to personal jurisdiction?” You can enter into a consent decree anytime. If you then do things in Texas that you agreed not to do, you are subject to Texas jurisdiction anyhow, because doing anything in Texas subjects you to that jurisdiction.

            “I disagree on what this suit is “principally” about” It’s principally about whatever Mosey says it’s principally about, because it’s her suit.

            • 1subgenius

              So, if a non-negotiable demand is DM’s sig on a consent decree, then it does go to trial, if he doesn’t give his autograph. Your point is taken.

              As of today, with much shit left to happen, and things to be discovered, and learned by your humble bookie,
              I see the odds of DM signing a consent decree as 1 in 100. (Actually not bad)
              I see the odds of that remaining a non-negotiable demand 1 in 100.
              I see the odds of a permanent injunction against DM personally as a result of a trial 1 in 10.

              (I will accept for purposes of discussion that what she, or anyone, says, necessarily, or completely, reflects their true intentions.)

            • Robert Eckert

              “I see the odds of DM signing a consent decree as 1 in 100” Agreed.

              “I see the odds of that remaining a non-negotiable demand 1 in 100” More like 9999 out of 10,000. It is what the entire case is about.

              “I see the odds of a permanent injunction against DM personally as a result of a trial 1 in 10.” Also 9999 out of 10,000. His liability is already well established, and it is up to a judge, not a jury, what equitable remedies to impose.

            • 1subgenius

              Disagree that HIS personal liability has been established yet. And although the judge determines the equitable remedy, the factual issues will still be determined by the trier of fact, likely, in this case, a jury.
              So, if I read your odds correctly, I can bet $1 to your $10,000, on both of those?
              I’m in. Let’s make it real. Loser donates to Tony.
              I suspect you’d adjust your figures if it’s real money. But go ahead, and let’s do this for the fun of it, but with real money.
              I already have real donuts on the line with Scott P. over whether Culkin will be called as a witness in the Garcia trial.
              And we have a pool going on whether Tommy will truth or lie.

  • Sydjazz

    This is making no sense. So first they say they didn’t do it. Now they are admitting it and trying to get their arses covered by putting an anti slapp motion on? Oh please judge throw the books at them they have obviously perjured themselves. Glad i stwyed up late for thie

  • Michael Leonard Tilse

    My thought is that Dufus Minimus expects this anti-SLAPP suit to itself take years to resolve with expected denial, appeal, denial, appeal to state supreme court, denial. The delay will put Monique’s suit years into the future if this is allowed to stand and tax the resources of the plaintiff’s legal team.

    Just more bullying. With the undercurrent being that through these admissions, (or is that ‘affirmations’) that CSI is no longer going to be protected as a ‘Church’ by DM. And that means that all the IAS donations people gave for the “protection of the scientology religion” are not being used for that, but are being misused.

    • Verve

      This is a nice strategy for as long as they have money. The problem is, as far as anyone can tell, there are no more whales or big celebs being drawn in. With that, falling membership, and all the crazy monetary spending on property, eventually the money is going to run out. And if there is an addendum for lawyers’ fees due to the SLAAP filing at the end, ouch. That billion $ well is shrinking quick, methinks.

    • TheHoleDoesNotExist

      derail….to check your email. tks

    • John P.

      Remember, the new filing is a motion within the current case to dismiss it on grounds of “anti-SLAPP.” It is not a separate case. A ruling on a motion is far less of a time-waster than a separate suit. It’s not clear that a hearing on and a ruling on the anti-SLAPP motion would significantly delay the litigation. It’s just another hurdle the cult is tossing up in its desperation. DM probably knows this is going to fail, but he is doing it anyway, because he can’t help himself. It’s just like, but even more extremist and risky, than the motion they lost to disqualify Monique Rathbun’s legal team. It only buys him a month, so he’s only doing it to try to slow down the likely loss of the case, and to try to dig deep into Ray Jeffrey’s pockets to get him worried that he may run out of cash to finance the Rathbun’s retainer of him.

      • Cat Daddy

        -he is doing it anyway, because he can’t help himself.-

        compulsive behavior is compulsive-

      • BigMcLargeHuge

        There is apparently some weirdness in Texas about the availability of interlocutory appeal of a dismissal of a SLAAP petition (it is not generally available, but it seems to depend on whether the order was signed in a timely fashion), so there may be some cracks CSI may try to exploit. They could also seek a writ of mandamus. I’m sure they will pull out all of the stops.

        • John P.

          Thanks for the look at the details. You may be on to something about the timeliness issue. Note that paragraphs 3 and 4 of the motion lay out explicitly the need for a timely ruling on the motion. Since I’m not a lawyer, I don’t know if that’s standard boilerplate or if they are tipping their hand as to the avenue they’d try in order to get an interlocutory appeal.

          That mandamus thing worked out really, really well for the cult in the Laura DeCrescenzo case with the priest/penitent privilege argument. I suspect about the only thing judges hate more than being reversed on appeal is having a litigant file a frivolous mandamus petition.

        • Robert Eckert

          There is only an issue of timeliness if Waldrip sits on this for over a month. I expect him to slapp them down by Monday or so.

      • Michael Leonard Tilse

        Ah, thank you John. I didn’t know it would be just “within the existing case”. But, given the admissions, which are kind of a new thing in my experience, is a month or two delay worth it?

        He’s upped the stakes to where if this effort fails, all these faux ‘religious expressions’ of stalking, PIs and harassment are going to be ruled as impermissible under first amendment. That’s a big hit. It’s not only throwing CSI under the bus, but encouraging the bus to back up and do it again.

        • Robert Eckert

          There is no month delay. In theory, discovery should be delayed until Waldrip rules, but he could have ruled that very minute if he wanted to (of course he will prefer to draft an opinion and make it crystal clear why they are being denied). However, the lawyer said they would not even delay discovery so this is all completely pointless.

          • Michael Leonard Tilse

            Thank you Robert. It is very, very clear that I am not a lawyer. I hope Judge Waldrip rules soon, and much merriment ensues.

    • Robert Eckert

      No no no, the anti-SLAPP motion must be ruled upon within 30 days, and I doubt Waldrip will let it hang even that long. I doubt it is permitted to appeal the ruling: I don’t know the details of the Texas statute, but in general these laws are designed for expedition, and precisely not to allow the kind of dilatory tactic you are talking about.

      • Michael Leonard Tilse

        Thanks again Robert. I’m really glad this is likely to go nowhere for DM and his Diminished Munchkins.

  • BeeTee

    Folks, help me out here, please. Does the attempt to focus attention on CSI and away from RTC indicate that Miscavige is willing–in his worst-case scenario–to let the corporate church of scientology collapse, so long as he can keep the cash and RTC trademarks?

    • edge

      That’s exactly right. Even though Miscavige controls everything, he’s attempting to establish that RTC and CSI have, at best, at arm’s length relationship with each other. Miscavige himself is trying the old Mafia excuse “I’m only here for the free coffee and newspaper.” He’s trying set up CSI to take the fall and take himself and RTC out of it.

      • Noni Mause

        What we need are affidavits that Davey boy considers himself ‘the Pope’ of scientology. That would stop his hands in the air and backing away slowly wouldn’t it?

    • NevahIn

      As a “never in”, let me be open to any corrections others wish to make.

      That is part of the idea of why the Church Of Scientology is structured the way it is. Each layer is a sort of firewall. If CSI is sued to death, the RTC can pull the trademarks, copyrights, etc. and cut it loose. It would preserve the resources of the RTC and well as the IAS. They could then start a new “church”

      Now, if it is found that CST=RTC=IAS=CSI=COB….etc, then the real damage is done.

      In theory, CoB can throw the entire CSI under the bus, and then open shop elsewhere.

      • TheHoleDoesNotExist

        He already threw the CSI under the bus the first day, didn’t he, as first salvo?

      • Verve

        I believe this was around the time of Operation Snow White blew up- Hubbard (I so want to use a derogatory nickname there), realized that his money empire could implode so he went about restructuring everything.
        Others will correct me since I know I don’t have the details correct. But basically yes, it’s a bunch of various corporations that try to not to have any legal connections to each other.

      • TheHoleDoesNotExist

        Miscavige has made a serious blunder here for a simple fact that his lawyers may not even know about: Who is Miscavige going to use as Board Members (they don’t exist), or for that matter, Presidents or Directors of any of these faux channels, CSI, RTC, IAS, etc.?

        They don’t exist. Anyone who was initially placed on those posts as a ruse got thrown into the hole the moment they realized it was just a ruse. Some might still be alive, but only as ghosts. Not even stage makeup will be able to hide the deadness in their eyes if he unlocks their prison doors and drags them out for a court date. But he won’t be able to mentally stabilize them and so they will make fatal mistakes if propped up on the stand.

        The truth is there is no one left sailing the SS Miscavige except Miscavige and hasn’t been for a long time.

        • Sibs

          Wouldn’t it be something if they had to trot out these executives? Although something tells me they would lie if someone tried to get them to expose the conditions in the Hole… but it would at least give them a chance to escape. Maybe.

          • TheHoleDoesNotExist

            They have been in the hole for years and any lawyer would advise he Not put them on the stand because they would be mentally unstable as witnesses. DM could even bring in pro disguise artists to alter their appearance to healthy, but he can’t disguise their mental state. Yes they would lie but they are going to make major mistakes. Just sleep deprivation long term does very bad things to your mind.

    • John P.

      No. It’s a red herring. Since he controls the purse strings, he can move money in (and especially out) of CSI into RTC at will. If Ray Jeffery bites on this ruse, when it comes time to negotiate the amount of a settlement, they would undoubtedly find that there is a million or two in cash to cover short-term operations, but there are no cash reserves. The Rathbuns know they have a shot at the biggest-ever settlement the cult has ever paid out, so they’d be foolish to let themselves lose flexibility in where they chase the funds from. I highly doubt that either Marty/Mosey or Ray Jeffrey will fall for this one.

      The trademarks are not particularly valuable, since they only allow you to stop people selling a similar service where it could cause confusion in the mind of the consumer. Since the “indie” Scientologists seem to have minimal interest in building an umbrella marketing organization to grow their individual auditing practices, those trademarks aren’t worth a lot. Just because something is trademarked doesn’t mean it has any actual value. Same with copyrights and patents; something like 75% of all patents issued never make a dime for their inventors, and most of the rest aren’t worth that much.

      For a variety of reasons, in the last 10-20 years, the ability of the law to “pierce” complex corporate structures and to get at assets to satisfy legal judgments has been increasing. In other words, the distinctions between various shell corporations in a larger entity have been growing smaller. I suspect that Marty Rathbun can point to documents or witnesses who will describe that RTC loots the money from all other cult entities, and if that’s true, then the money can be clawed back out of RTC to satisfy a judgment against CSI. Judges will look at intent and actions, not merely the static legalistic structure of the network of shell companies, in deciding whether to pierce the veil.

      • BigMcLargeHuge

        If someone wanted to get really creative and aggressive they should file some civil RICO claims against them all.

        • Noni Mause

          You’d have to be convicted of a crime for that, right?

          • BigMcLargeHuge

            No, there are civil RICO actions. You have to show that the Defendant engaged in illegal conduct (easiest hooks are usually wire or mail fraud), but a criminal conviction isn’t necessary. They’ve tightened up civil RICO jurisprudence lately as it was used as a big hammer, but it is still available.

            • Noni Mause

              Oh that would be beautiful. Dumb question (given that I’ve read all Tonys blogs on this topic) – has Co$ done anything criminal in this case? I ask b/c no criminal charges have been laid.

      • ze moo

        The various shell corps can’t hide the Miscavige control of all resources. The clamers can’t hide the pile of money and shout ‘no moolah for Mosey’.

      • pronoia

        And i believe you have hit on the real reason David Miscavige wants Marty blocked from assisting with his wife’s case. Becuase, among other things suchas where metaphorical dead bodies might be burried, he can describe to Jeffrey how cash moves about. It really is all about the money.

        • Mooser

          And of course, Marty has stressed, if I am not mistaken, that all the knowledge he has is well within the public domain.

          • pronoia

            not the precise suitcases and the pecise names of off-shore banks holding scilon dough Marty would know an awful lot about that.

        • Observer

          Two words: Denise. Brennan.

    • Dean Fox

      Yes.

  • MarionDee

    Excuse me while I pick up my jaw. It fell to the floor two pages ago.

    • Mooser

      Marion, since I’ve started reading the Bunker my jaw has spent a lot of time picking up carpet-lint.

  • Observer

    This doesn’t quite express the level of contempt I feel for Crybaby Davey, but it’s the best I could do.

    • Sibs

      Pretty much.

    • Verve

      It’s OK, Obs- some things can not easily be expressed in a visual format outside of our imaginations. As usual, you do a fine job in defining this whiny punk.

      • GlibWog

        Verve..hahahah that is funny before I read your comment I called him a
        Snot nose PUNK… He is such a creep..ugh

        • Verve

          Great minds thinking alike and all that…. 😀

    • L. Wrong Hubturd

      That’s too scary Obs. If I have nightmares with this image, I’m sending you the counseling bill.

      • Observer

        Imagine what it’s like for the poor saps who are in the room with him right now.

      • Robert Eckert

        {Is it giving you an engram? Auditing could help with that.}

        • L. Wrong Hubturd

          {Heavens to Xenu, Robert! Are you suggesting I get help for my problem from them?}

    • rayana00

      cry monster it’s just the beginning

    • Mark

      Not nearly enough snot, Obs. Someone that loathesome – and who always tries to imitate Hubbard – would produce much more mucus.

      • joan nieman

        and a few boils.

    • GlibWog

      OH MY GOD… hahahhaa Brilliant Obs. ( We love you! )

      ewwwwwww snot nose PUNK

  • Noni Mause

    Ummm, now they’ve admitted that CSI funded the harassment, isn’t that something that Joe Public Scientologist should be informed about? I’m sure at least some of them would be angry about their hard earned $$ being spent on this.

    • Verve

      I think that a few members here will be sending out some memos to this post of Tony’s.

      • Noni Mause

        Not sure I understood the gist of your reply. Do you mean some still-ins will be posting some of their thoughts here?

  • music8r

    O.
    M.
    F.
    G.

    Is it just me, or is Waldrip suppressing a smile/laughter at this tactic? And did Cedillo intentionally position himself between Waldrip and Bennitt’s camera to block Waldrip’s incredulity from being caught on film? Although, too late?

    • BananaSplits8

      Look at it again. Cerillo makes the joke about bringing lavish gifts and the judge’s disposition is receptive, he remains relaxed, tilted in his chair and his arms remain open. If appropriate, the mood is there to respond with a witty response if the circumstance allows it. Cerillo moves forward with his box and mentions anti-slapp under chapter 27… The judge leans in and slams his hand to his mouth as if to secure it there; it’s an intuitive response to suppress verbalizing one’s thoughts.

      Judge Waldrip was blindsided with something he didn’t see coming at all. What might’ve gone through his mind is the number of precious hours he and his clerks would now have to devote to this voluminous POS motion when they have better things to do. I don’t think smiling/laughter was anywhere near a consideration.

      • mirele

        It looked to me like the judge almost did a *facepalm* there and stopped himself.

      • music8r

        I thought it might have been “you’re effing kidding me” smile/laugh, considering the obvious harassment the Co$ attorneys are defending. His mustache looked wider behind his hand. For sure he was suppressing his reaction, as you decoded in his body language.

        Cerillo’s joking approach made me want to puke.

    • Mary_McConnell

      I saw that, too. I think it was one of those smiles when one is faced with incredulous acts, or statements made by another. But I could see him pondering after that little smile……Poor guy has to read all that crap.

      • music8r

        That’s was I was thinking.

      • Robert Eckert

        After he set the box of exhibits and binders on the shelf in front of the judge’s bench, the lawyer asked “Where shall I put this?” Oooh, Judge Waldrip has such self-control…

  • Madora Pennington

    You’re no one in Scientology if you’re not harassed by private investigators. CONGRATULATIONS MICHAEL BENNITT!

    • L. Wrong Hubturd

      Oh, that’s a good one for Missionary Kids lists.

      • TheHoleDoesNotExist

        checked your emails? end of derail

  • Dean Fox

    Clearly the L Ron Hubbard policy of always attack never defend in operation. I’m suspicious of them not wanting to hold up depositions and suspect other tactics up their sleeves; perhaps they want Monique and Co to put all the cards on the table knowing the case will be delayed until this anti-SLAPP stuff is sorted out.

    I’m also bothered by the weaseling to get David Miscavige out of the picture. The anti-SLAPP is no doubt to get this matter thrashed out before trial which may help remove the need for David Miscavige to appear. Even if the anti-SLAPP fails it may well be down to the acceptance that CSI did what they did and Miscavige had nothing to do with it. If anything the anti-SLAPP motion will put more “distance” between Miscavige being involved by focusing efforts on demonstrating the actions of CSI are worthy of suit and not anti-SLAPP.

    If the anti-SLAPP fails then Miscavige will probably be spared being subpoenaed anyway. It will be sold to Scilons that it was a protected freedom of religious expression that was denied them by oppressive courts and no doubt there will be an appeal of the anti-SLAPP denial. Then if the appeal process fails it will be capitulation time and if Monique doesn’t want to settle there will be questions of her motives, seems she really just wants to harass David Miscavige since she refuses to come to an agreement after an admission of guilt…

    Got to say David Miscavige seems to be well greased up, he should however remember grease is very flammable and he should stay clear of sources of ignition. ;D (Just a joke I couldn’t resist – the lubed up joke was too rude…)

    • Gerard Plourde

      Given the control that Miscavige exerts over the entire operation and the evidence that Ray Jeffries may be able to present to establish that fact in court, I wonder how likely it is that he can avoid being questioned.

    • TheHoleDoesNotExist

      Could clear up the mystery about the Super Power oiliness table.

    • Robert Eckert

      “no doubt there will be an appeal of the anti-SLAPP denial” I doubt that is an appealable order.

  • Barb Snow

    These were the people who invented the need for a SLAPP law–
    “The purpose of the suit is to harass and discourage rather than win. The
    law can be used very easily to harass, and enough harassment on
    somebody who is simply on the thin edge anyway, well knowing that he is
    not authorized, will generally be sufficient to cause professional
    decease. If possible, of course, ruin him utterly.” L Ron Hubbard, The Scientologist, a Manual on the Dissemination of Material, 1955 — from Wikipedia.

    • Sibs

      Can that quote be used as evidence to deny the motion?

      • Cat Daddy

        They will argue it’s “confidential” as part of the chuch secret scripture, oh I would like them to do that in court

  • Walter Mitty

    Free advice:

    • Drat

      “Think of the money! Think of the money!”

  • Dean Fox

    Could Monique’s team apply for an anti-anti-SLAPP?

    • Orglodyte

      If the anti’s cancel each other they can slap Slappy with a SLAPP!

  • Semper Phi

    I remember feeling aghast at the prospect of people squirreling Scn when I was in, but now (thankfully) I can see it through the eyes of regular folk. And as I was reading the excerpt from Dave Lubow’s declaration, I kept thinking how absolutely unhinged he is about anyone daring to diverge from his church and practice it in a different way elsewhere.

    Many years ago I belonged to a Presbyterian church with a fantastic minister who came to a “parting of ways” with the church’s leadership and left. A year or so later, he returned to town and founded a new, nondenominational church that siphoned off many members from the Presbyterian church, myself among them. And you know what? No one got sued or harassed by the Presbyterians for “squirreling”! Of course, there’s no trademarking issue there, but Lubow isn’t going on about damage to his church’s trademarks, he’s just freaked out that someone would practice Scn elsewhere. Scilons simply don’t understand that freedom of religion works both ways – as much as they have freedom to practice their religion, people have the freedom to disagree with elements of that religion and practice it in the way that works for them.

  • “fair game” as protected religious expression – I saw that coming 🙂
    That’s certainly worth the time David “he is NOT insane!” Miscavige put into it – time far better spent than preparing to open the SP building or having an IAS annual, or something boring like that…

  • Synthia Fagen

    If someone has already made this point, I apologize. Tony’s blog is so popular now I can’t possibly get to all the comments!

    The problem I see here is that with this argument they are essentially admitting to operating as vigilantes. If they want to argue their 1st amendment rights, then why didn’t they simply sue Rathbun for defamation or libel? That’s what a professional person would do.

    Saying they had a right to act this way will only show that they feel they are above the law.

    Does a mafia don have the right to go run a surveillance operation on someone he fears will expose his crimes? How far does this go?

    Now they are opening themselves to far more testimony about their past dirty tricks and why someone would need protection against them.

    What are they thinking?!

    • TheHoleDoesNotExist

      “That’s what a professional person would do”
      “Thinking”

      I hope that answers your questions.

      What I would sincerely like to know, Sindy, is how do we get Miscavige’s admissions in front of the existing whales of scientology now? They need to read this. Is that possible? Anyone have any ideas?

      • Hubbub

        I’m curious as to how much people in the COS are shielded from news these days. If the days of the internet nanny programs on individual scietologists’ computers that filtered out anything having to do with anti-sci-fi-tology are over, how is the COS keeping its members from learning about what’s going on? Are there handlers who filter things? Do they just not read the newspapers or gossip rags?

        You would think the “whales” would be getting some exposure to all of this just by the sheer volume of info out there in recent months/years.

        • Moorwalker

          “Devout” Scientologists will refuse to read anything concerning such things in order to avoid entheta and what they see as deliberate enturbulation by outside “persecuting” entities. Some will learn of the situations, but only in the heavily spun, CoS-serving versions spoonfed to them. Of those who do read such things, fury is the usual result — and I mean a hating, destructive fury that would chill you if you perceived it. Some of the whales do see this sort of thing. And some of them contribute more money as a result.

    • GlibWog

      Syn.. I was thinking the same thing.. It was just so simple I thought that I wasn’t ” Getting It..”

  • Dave Fagen

    I have a question for anyone who knows more about the legal system than I do, which for all I know could be everybody.

    The arguments that the C of S is making sound to me like the most ludicrous arguments, that anyone with any rationality at all could see are ludicrous.

    Most notably, the idea that they were justified in harassing the Rathbuns because the Rathbuns were violating the trademarks of Scientology, and they needed to harass them in order to protect the trademarks and to protect their religion.

    It seems that anyone in their right mind could see the ridiculousness of that, compared to the extent to which Monique has declared they had been harassing her.

    Would any judge really agree that it is justified for someone to send false sexual advances to Monique’s co-worker because her husband is “practicing the religion outside of the church’s authority” and “altering the practices of their religion”, or whatever.

    The question I have for anyone who knows the legal system better than I do is: Is there any chance under the sun that the church could win this case based on this reasoning?

    I know that just because the argument is ludicrous in my eyes, doesn’t necessarily mean there isn’t some legal loophole that the church’s lawyers are using that could give them the result that they want. What comes to mind for me is the time when a woman was awarded $5,000,000 in damages from McDonald’s because she spilled hot coffee on herself. I guess if something that crazy can happen, then maybe something as ludicrous as the church’s arguments in the Rathbun case can happen too.

    I hope not, and I don’t see how, but it’s hard to imagine so many highly paid lawyers being that dumb.

    I read some of the comments above, but not all, and my question is relatively simplistic. Anyone have a simple answer to this?

    • Cat Daddy

      Wasn’t it the CSI and not the COS they wanted to throw under the bus ?

      • Robert Eckert

        There is no “COS” anymore. It was dissolved as a corporate shell during the Wollersheim litigation so that there would be no money in an account that Wollersheim could execute a judgment against.

    • John P.

      The odds of the cult prevailing at trial and winning a judgment that they don’t owe Monique Rathbun anything for their conduct are quite small, especially if the case is heard in front of a jury.

      The McDonald’s hot coffee case got a lot of press attention for the size of the jury award. However, like many of those sorts of cases, McDonald’s appealed and ended up writing a check for a much smaller amount, somewhere south of $100,000 (I seem to recall it was like $80k, which probably was eaten up substantially by legal fees).

      At the very least, let’s pretend that Marty Rathbun is guilty of trademark infringement. The fact that the cult took no action for many years on this alleged action on Marty’s part means that they have a much more difficult burden to seek redress for damages. Even if he has infringed CoS trademarks, there is a common sense principle of equitable actions to protect your interest. It goes all the way back to ancient times with the “eye for an eye” principle which was about limiting excesses of justice. A store who used a branding iron to burn the words “I am a thief” into the forehead of a kid caught shoplifting a candy bar would not get much traction claiming the action was justified because the kid was a thief. So to prove that their actions were justified, the cult would have to establish convincingly the economic harm it suffered by Marty’s actions. It would then have to establish that it had no other way to recover from the impact of that harm other than the course of actions it undertook, and that those actions were proportionate to the value of the loss they were suffering. That’s a pretty narrow set of hoops to jump through.

      Lastly, there’s a saying among lawyers that goes something like this: “If the law is on his side, he pounds on the law. If the facts are on his side, he pounds on the facts. And if neither are on his side, he pounds on the table.”

      • Dave Fagen

        That’s the way I saw it too, which is why I asked.

        So do you know of any reason why these lawyers would even decide to participate in a case where there arguments have so little hope of prevailing in the case? I would think that if you and I could see it for what it is, wouldn’t a high-profile professional lawyer be able to see it too?

        So what is these guys’ motives for even taking up this case? Is it just the money – that they will get paid even if they lose?

        That’s why I was wondering if there was some way they could use loopholes in the legal system to win, as it certainly isn’t going to win based on pure logic. There must be something that is motivating these lawyers to make such fools of themselves.

        • BigMcLargeHuge

          The defendants’ lawyers will get paid. In fact, they have already likely been paid. They either took it on as a mega-fixed fee basis (unlikely but possible) or required a monster retainer against which their hourly rate will be billed. Either of these payments is likely to be in the seven figures and required up-front before they did anything. Based upon what I have read about the proceedings, I would guestimate the defendants’ attorneys have already billed in the $200-300k range.

          • John P.

            I’d say you are way under on the amount they’ve spent on the case. Assume a billing rate of $750 per hour for the cult’s legal team. On the motion to disqualify counsel alone, they probably each billed 40 hours including research, prep and travel time for the court appearance (most were coming from outside Texas). That’s easily $450,000 for the one motion. Multiply that times all the other crap involved and the billings are likely to be ludicrous.

            If Miscavige were running a public company with some responsibility to shareholders for making earnings estimates, with legal bills like that he would have been well advised to settle. But of course, the economic reality of the cult is a bit different, so he’ll happily spend $10 million or more to fight this case, just to inflict pain on Marty and Mosey, before the cult ultimately has to cough up a much larger settlement than if they had just rolled over quickly at the beginning.

            As an example of a scorched earth case that did not prevent a massive verdict, recall that the cult spent an ungodly amount of money fighting the Larry Wollersheim case before losing and having to pay a huge verdict; one could argue that most of the case was about stressing out Wollersheim personally rather than about the economics.

            • BigMcLargeHuge

              I was under the impression that a large chunk of the attorneys appearing at those hearings were in-house and therefore not running billables. I could be totally mistaken on that though as I haven’t been paying attention long enough to know the exact positions of some of their legal team. If they are all on the clock, then yes, they could have already gone well over my estimate and be close to a million bucks so far. The mind boggles.

            • Robert Eckert

              No, only a couple of the attorneys (Moxon etc.) are old-time Scientologists. They have hired the brother of the Chief Justice of the Texas Supreme Court: that kind of lawfirm does not come cheap.

            • BigMcLargeHuge

              I stand corrected then. Thanks.

              Heck, 750 an hour may be low if they are top attorneys coming out of major metros (Dallas, Houston, New York, DC, Los Angeles).

            • John P.

              Out of the 15 butts in chairs at the disqualification hearing, the only guy I recall that is on staff at the cult is Warren McShane. The pathetic duo, Kendrick Moxon and Gary Soter, while drooling lap dogs of David Miscavige, work outside the cult at independent firms. I didn’t specifically go back and check on the list, but McShane is the only one I can recall who I specifically knew was not a lawyer.

            • BigMcLargeHuge

              I wonder if those two do so much work for the cult that they are basically just paid a flat fee to be the “house firm” and therefore paid a yearly fee. Do they ever appear for anyone else or do they basically have one client?

              This is getting very inside baseball but is somewhat fascinating at the same time.

        • TheHoleDoesNotExist

          Retirement Fund. They won’t care about their careers if they have enough to retire after this case.

          • BigMcLargeHuge

            Attorneys usually don’t suffer negative consequences from representing distasteful clients. They tend to get rich by representing OTHER distasteful clients.

            • TheHoleDoesNotExist

              tks. It’s hard for us non legals to understand this in the business sense. So it doesn’t have to be enough for retirement, just enough.

            • Robert Eckert

              Exactly. If some diocese or little evangelical denomination in Texas gets sued for covering up horrendous child abuse, and needs a lawyer who will argue, with a straight face and no gagging noises, that the statute of limitations has run or evidence is inadmissible due to priest-penitent privilege or this was a part of protected religious activity etc. they will know who to hire.

        • Orglodyte

          It’s coming from their client. Perfect implementation of LRH policy on what to do in court. What’s a lawyer to do when the client insists firmly on a disastrous course of action that will greatly increase the lawyer’s paycheck by dragging out the case?

        • John P.

          They may have taken the case for the money. Some lawyers take clients because they have available time and they need to fill it; not every case is one you can believe in passionately. Even if someone takes a case for the money, it may not be a case of greed and avarice; you have to pay your secretaries whether they are working directly on billable time or just sitting around. So people take cases all the time to pay the rent. Some of the lawyers involved in this case may have that motivation.

          I am sure the cult may offer a big enough retainer to some of the attorneys they really wanted for a case (Lamont Jefferson, for instance) that they figure the harm to their reputation from having a douchebag client can be more than offset by the size of the check. I am sure that Mr. Jefferson shamelessly milks the connection with his brother the Chief Justice all the time, even if he doesn’t explicitly say anything; he just lets people think that hiring him will get them favorable treatment in the event of an appeal. So when the cult came to him, and he quoted them a $250,000 non-refundable retainer and $1,250 per hour (double his usual rate) and they didn’t bat an eye, he probably figured that outweighed the stench associated with Scientology.

          Some of the cult’s lawyers may have taken this case based on a pitch from the cult that is far different than the reality turned out to be. But once the engagement letter is signed, a far different truth is free to emerge and the lawyer is stuck. Once you get into a case and discover what a hairball it is, you are pretty much duty bound to continue to represent the client vigorously even if it turns out to be a case that will embarrass you and hurt your reputation. The range of circumstances where an attorney is permitted to resign from a case in the middle of things is pretty narrow; perhaps the most frequent one is the inability to pay, which is clearly not relevant in the cult’s case.

          While there are “loopholes” in the law, the system of precedents (making sure that a court decides consistent with earlier, similar cases) ensures that the loopholes are pretty well known. It’s difficult to pop up in court with a surprise “loophole” nobody has ever tried before, thus turning a losing case into a crushing victory without the opposing lawyer knowing where you’re going beforehand. Loopholes only have magical effects on the outcome in the movies.

          • Dave Fagen

            I did not know these things, and this does answer my question. Thanks John.

          • Dave Fagen

            That answers my questions very well. Thanks John.

      • Sibs

        But gee, I thought a non-profit religion wasn’t supposed to care about economic harm caused by trademark infringement.

        • Observer

          IMO the simple fact that they have trademarks should automatically disqualify them from religious consideration and tax exemption. Trade = business, not charity.

          • edge

            That’s what always confused me about Scientology. If the US Constitution forbids government from sanctioning religions, why is the Church granted trademark and copyright protections? It’s not like any of the various Christian denominations can put a copyright on the Bible.

            • Robert Eckert

              Translations of the Bible are, in fact, copyrighted, and it is not unusual for a church body to hold the rights. (The original texts are of course public domain, if you can read Hebrew and Greek.)

            • edge

              Thanks for the clarification Robert.

            • Robert Eckert

              The King James Version is considered public domain in the US, but in the UK I believe it is still the property of the Crown.

    • Once_Born

      Just an aside: the complaint that Rathburn is “altering the practices of their religion” is plainly not even true.

      Rathburn is practising independently, and doing things differently. This has not altered the way that the CofS practice in any way.

      What they really mean (and what they would have to say, If they wanted to make sense) is ‘he’s doing something slightly different to official Scientology outside of the control of the church’ – in other words he’s a heretic.

      Someone really should tell them that you aren’t allowed to burn heretics any more…

    • Robert Eckert

      ” Is there any chance under the sun that the church could win this case based on this reasoning?” No. If they have a trademark claim against Rathbun, there are legal channels available to them. Extra-legal actions which they take (especially against a bystander like Mosey) have no justification whatsoever from the supposed existence of a legal claim which they have not bothered to pursue legally. This is all every bit as insane as it sounds.

  • Kim

    OK so let me make sure I understand this. CSI is saying – “yes we harassed and followed and sent a camera crew to make life difficult for the Rathburns = and yes we used PI’s and cameras to find out who was visiting and how long they stayed BUT it is our right as a “church” to defend our copyrights and our beliefs from anyone who might try and practice without paying for it from us.

    Basically they are asking the court to let them continue harassing people and following them without regard to any privacy laws or decent human behaviour.

    OK so they want to have it all and have someone else pay for it. This anti-SLAPP filing is just a stall tactic to cove the lily white ass of COB. Another delay – do they really think they will get away with it? That the law is on their side?

    OMG I am just flummoxed by this insanity.

    • grundoon

      The judge is flummoxed too.

  • Taylor

    Question; In regards to the Anti-SLAPP motion. According to the attorney filing the motion all discovery and basically all elements of the trial are supposed to stop.

    He notes that this is what the law passed by the state of Texas legislators’ reads. He then states that CSI/RTC is willing to overlook that and continue.

    Would this not be in conflict with the legislatively passed law? So that if the case went south the CSI might say well we said we would yet the law say’s we cannot.

    If they are in fact able to just bypass the legislative intent. Are they then also attempting to bury the Judge along with Monique’s attorneys with paperwork?

    How can one CSI lawyer circumvent or bypass the Anti-SLAPP law’s provisions? 1, The Judge has 60 days to render a decision. 2. All Discovery and other court proceedings are to stop Immediately after the motion has been filed?

    • Mary_McConnell

      Good questions. Good comment

    • t1kk

      The provision halting the trial and discovery is a right belonging to his own client; waiving that right doesn’t invalidate the validity of the law itself though. There’s no game of ‘gotcha’ going on here–parties stipulate to alter the procedural aspects (especially regarding timing) of laws all the time.

  • Mark Ebner

    Hey Scientology – SLAAP THIS:
    Secret Files Show Scientology Stalked Another Reporter – http://gawker.com/5801298/secret-files-show-scientology-stalked-another-reporter

    • TheHoleDoesNotExist

      Pesky reporters…..they just keep popping up like Ghosts of Christmas Past.
      whoop!

      • Observer

        I’m thinking Ghosts of Christmas Future is more appropriate, with the whole death motif and visions of a bleak, bleak future.

        • TheHoleDoesNotExist

          Now we just add Ghosts of Christmas Present. Cedillo Did say he was bringing a Present, right?

      • Mark Ebner

        The PI OP Scientology put on me is a laughable joke, but I can prove that they (Scientology PIs) broke the law by, at the very least, trespassing. There is no way around that charge because the dumpster diving they did at one of my residences took place within a private, gated community.

        • TheHoleDoesNotExist

          That’s a very important point. I noticed that. I’ve been through some of their crap recently, and they were a little too fast for my camera or burly neighbors and out of range of my own survellance cameras. But then I posted here a love note to DM that one of my neighbor’s in laws are someone who would give him permanent diarrhea if he found who they were. It’s been pretty quiet since. And I wasn’t kidding about the neighbor.

          But since you have evidence, Texas BBQ I hear is quite tasty this time of year.

    • Guest

      Thanks for the tip, boo.

    • NOLAGirl

      Hey Mark!! Hope all is well with you. Looking forward to yours & Allison’s next interview on this topic. You two always knock it out of the park when you get together.

  • Mark

    Breaking news: Shortarse driven to ever more desperate measures, as wheels come off $cientology bus and/or he throws more victims under $cientology bus…

    • Sarah James

      You got that right!

    • Tony DePhillips

      Excellent.

    • GlibWog

      Mark..hahahha OMG I CAN’T BREATHE

  • Jgg2012

    Guess what litigious California organization was the principle motivation behind California’s anti-SLAPP statute?

    • Cat Daddy
      • Jgg2012

        Right!

        • Sarah James

          Ken does not look so good, too much heavy lifting? Apparently, when you sell your soul to the Miscavige …He will never be father of the year.

    • Lisa

      Seriously?

      • Jgg2012

        yes

        • Lisa

          Wow – I can’t believe the Judge didn’t start laughing

          • Jgg2012

            Now, now Lisa–he doesn’t want to look biased.

          • grundoon

            They were hoping the judge would break out laughing… then they would move to disqualify him.

    • Poison Ivy

      That is AMAZING! Jgg2012!

  • Mark Fisher

    I bet they had to use that new attorney to file the Anti SLAPP Motion because the previous attorneys couldn’t do it and still keep a straight face in front of the judge.

    Knowing DM’s history and track record, he will do anything and everything to get himself removed from the case. Notice in Lubow’s declaration he states 2 times and makes a point of it that he has never talked to or met David Miscavige. Notice he doesn’t say the same thing about RTC or people in RTC. Meanwhile, DM is throwing CSI completely under the bus.

    It will all fall apart like a house of cards. Imagine Dave Lubow in depositon or on the stand.

    “Mr. Lubow, how long have you been a member of Scientology?”

    “How did you get in?” “What was your intial involvement with Scientology?”

    ” Have you ever done other surveillance activities over the years?”

    “How much have you been paid in doing investigations for your client Scientology over the years?”

    It will be in the millions of dollars. It will be so obvious to any jury that he was doing this for the money over the years and that he didn’t become a Scientologist until years later. When we first met him 23 years ago, he didn’t know anything about Scientology. In fact we gave him the Dianetics book to read.

    If DM doesn’t get removed, look for another Religious Freedom Crusade. It only takes a few hundred people in a small town like New Braunfels to make a spectacle of yourself. It will be straight out of DM’s play book. He would even pull staff from all the orgs in order to get the crusade big enough.

    Looking bad for DM, but this is a long ways from over.

    • Espiando

      With one difference: if they try to pull another Religious Freedom Crusade, they’re going to be confronted this time. A combination of Exes, Indies, OG, and Anons will give a good view to some of those insulated, blinded staff exactly how much the wog world truly hates their church. That’s going to be a shock to their systems, maybe enough to get some of them to blow.

      Would he risk one of the few whales he has left blowing?

  • Espiando

    No one’s really talked about the elephant in the room. They’ve now admitted harassment. They have now admitted there’s a money trail from CSI to the Squirrel Busters et al. If Sugar Ray can link the money trail to RTC and to DM, what’s the chance that the IRS will start reassessing their 501(c) status?

    • BlueDeer

      Is there any legal way for citizens to petition the IRS to revoke the 501(c) status? Or once an organization has it, do they just hold it in perpetuity without any review or reconsideration?
      (I’m Canadian, don’t know how things work down there.)

      • Zana

        Great question!

      • Dwight Geiger

        After operation snow white the supreme court said that scientology should be taxed.The I.R.S. gave them 501[c] status anyway.Scientology had dirt on I.R.S. people and that is how this country works.

        • Once_Born

          However, time (and many of those IRS people) have moved on – and soon, the CofS may no longer have the resources to beat the IRS.

          If the IRS bide their time, they could get to deliver the coup de grace.

          • Moorwalker

            The IRS was one of the two agencies most-targeted for infiltration in Op Snow White and other similar operations. Some of the infiltrators ultimately occupied highish positions and have had a hand in hirings and promotions over the years. Don’t for a moment think that there aren’t still Scientologists in relatively high places.

            • Once_Born

              Right now, any “[…] Scientologists in relatively high places” must be feeling like KGB deep cover agents in western countries, when they were watching the Soviet Union collapse and wondering if their cover was going to be blown.

              Might be a good idea for the Scientologists to blow before they’re blown…

            • Tony Ortega

              Pure fantasy.

        • joan nieman

          Well said Dwight.

      • Hubbub

        Not an attorney or tax expert, but I think a couple of these lawsuits, if successful, could help with that if they can prove the COS acts illegally, benefits private individuals, etc. Although it seems like Hubbard and Miscavige were pretty smart about creating structures that allow for fall guys, rather than allowing the blame to fall on the COS itself. The following is from the IRS regarding what it takes to qualify for 501(c)3 status.

        Churches and religious organizations, like many other charitable organizations, qualify for exemption from federal income tax under IRC section 501(c)(3) and are generally eligible to receive tax-deductible contri- butions . To qualify for tax-exempt status, such an organization must meet the following requirements (covered in greater detail throughout this publication):

        ■ the organization must be organized and operated exclusively for religious, educational, scientific, or other charitable purposes,

        ■ net earnings may not inure to the benefit of any private individual or shareholder,

        ■ no substantial part of its activity may be attempting to influence legislation,

        ■ the organization may not intervene in political campaigns, and

        ■ the organization’s purposes and activities may not be illegal or violate fundamental public policy

        • Noni Mause

          Maybe dot point 1 is why they’ve filed this motion … (must be run EXCLUSIVELY as…) they have to frame the harassment as a RELIGIOUS activity.

        • Poison Ivy

          I don’t believe IRS will stick their neck out again until others – people like the Garcias and Rathbuns – have spent the money to do the legal legwork to actually get rulings against Scientology.

          Only once the ground has been laid and they feel 100% sure of conviction will they step in and grow a pair (in the immortal words of Miss Tia!)

          • GlibWog

            I absolutely agree with you PI

      • Orglodyte

        There was a petition a couple years ago: http://radaronline.com/exclusives/2011/10/petition-calls-scientology-investigation-white-house/

        The We the People petition thing still exists.

      • Observer

        Well, this is very interesting … on the IRS website there used to be a page with instructions and links to forms you could use to report an organization’s abuse of the 501(c)(3) tax exemption, but they have “reorganized” their website and that option is no longer available.

        Things that make you go hmmmm …

        • Noni Mause

          Must still be there somewhere, though. Wonder what would happen if we all filled it in and submitted it?

        • Poison Ivy

          I’ve recently learned that 501C3 abuse is so incredibly rampant in this country, there are thousands and thousands getting away with it at any given time.
          Of course if you’re caught, you are TOAST. But there are so many 501C3’s and so little resources for government oversight, very few are investigated.

          CO$, however, is right out in your face violating not only general 501C3 law but the terms of the 1993 agreement.

          And still, from the IRS we hear…

          …CRICKETS…

  • BlueDeer

    How are Marty and Monique financing this lawsuit? Is there some way that supporters can send donations to them? Or is this one of those cases where the defence attorneys front the costs and take a percentage of the judgement, assuming there is one? It cannot be inexpensive to fund a suit this lengthy.

    • Robert Eckert

      I am sure this is on contingency, and that Ray is well-funded.

      • Poison Ivy

        Still even on contingency, client has to pay expenses.

  • Cymboli

    if they lose this motion, the churh pretty much can kiss any defense they have goodbye because in filing this motion, they admit to everything the Rathbun’s claim. I guarantee that David Miscavige forced his lawyers to file this motion because no lawyer worth a grain of salt would make such a huge strategic error.

    • Sarah James

      As Tory would say Tick Tock, Tick Tock. David Miscavige continues to run the show.

    • NOLAGirl

      “I guarantee that David Miscavige forced his lawyers to file this motion because no lawyer worth a grain of salt would make such a huge strategic error.”

      And that is the straight TRUTH right there!!

      • Fringelurker

        Straight up and vertical truth?

        • NOLAGirl

          Hehehehehe!!! Of course. 🙂

  • Jgg2012

    Curiously, this frivolous SLAPP statute may be grounds for a SLAPP claim against Scientology (ie CSI is trying to stop Rathbun from exercising her rights).

    • Noni Mause

      I wondered about that myself,

    • Robert Eckert

      The anti-SLAPP motion stops discovery on the suit until the judge decides whether to dismiss the whole suit. An anti-anti-SLAPP motion against the anti-SLAPP would just stop discovery on the anti-SLAPP issues (if any such discovery were ordered, which usually it isn’t) until the judge decided whether to dismiss the anti-SLAPP motion.

      What you mean, perhaps, is that Ray might move for sanctions on grounds that the anti-SLAPP motion was filed in bad faith.

      • Lisa

        It really is sanction worthy. Repugnant.

      • Jgg2012

        “What you mean, perhaps, is that Ray might move for sanctions”
        exactly, as he is doing with the equally meritless disqualification thing.

      • Poison Ivy

        This means Judge Waldrip isn’t going to have a lot of free weekends to play with his kids.

  • edge

    Mike Rinder’s blog is reporting that Daveyboy no-showed again last night at the weekly graduation. And there’s still no dates for the fall events. But they’re still trying to get confirmations for people to fly out to Clearwater, and still get donations to the Super Power building! It’s clear this case is getting Miscavige’s full attention at the expense of tending to the shrinking clamdom.

    Any lurkers with doubts or questions about why none of the events are proceeding, this is what your ecclesiastical leading is doing: He’s committing harassment against someone who was never a member of Scientology. And he’s flaunting it in court and following every detail. But at the same time, he’s tailing even the reporters who are following the case with private investigators. That’s what your leader is doing.

    • Sarah James

      Well, I just don’t see how he can save the planet with so much going on. Davey is scared to death of being dragged into court.

      • edge

        Golden Age of Tech Phase 2: Hiring an army of lawyers to keep my ass out of court! Please donate and upgrade your status to IAS Patron Servile Ass Saver Meritorius with Valor and Honor!

      • Noni Mause

        Being dragged into court would be BENEATH him as the Pope of $cn.

        • Once_Born

          “Be you never so high, the law is above you.” (Dr Thomas Fuller)

  • BlueDeer

    Another question: if they now admit that the Squirrel Busters crew was sent TO Texas, that implies that they were hired somewhere other than Texas. If that’s the case, and the lawyers can tie that employment contract to David Miscavige, doesn’t that undo his statement that he has never been to or worked in Texas? Because although he may never have been there, he hired people to do this and sent them there. Which would draw him right back into the case.

    • Sarah James

      I thought they already had him on that lie( Monty Drake.)

  • And I don’t rent cars!

    About 4 hours ago, Tony (aka Uncle Sam) posted “Court documents added to the post. Have at ’em.”

    Why do I often get the image of you, Tony Ortega, – as zookeeper – throwing bones and bits of raw meat (especially fond of Co$ road kill – dead from foot bullets) in the form of post updates to us – a menagerie of ravenous, feral animals?

    Then, I imagine you sitting back to enjoy to the ensuing feeding frenzy (comments rapidly ricocheting in the Bunker walls, floor, and ceiling)!

    Today, I realized (following the analogy) that you have succeeded in re-domesticating me this way and that the “feeding schedule” is now not only a daily occurrence (7 a.m. EST) – with the occasional treat at 2 pm EST – but lately, I have come to expect additional “treats” thrown my way at all hours of the day!

    So, my question to you Mr. Zookeeper, aka Mr. NewsMan, aka Uncle Sam, aka Tony Ortega, is this: “Who has been getting the most “pleasure and fun” out of this process – YOU or ME?”

    Which also begs the question: “WHO has been training WHO?”
    With our voracious appetite for your reporting, have we trained you to feed us regularly, with many treats thrown in throughout the day?
    Or have you trained us to stay salivating at the Bunker door, waiting for more… More… MORE… juicy “tidbits” to be thrown our way and devoured?

    Appreciatively,

    Cars

    P.S. Although it is of often unspoken, a huge “Thank You” goes to Scott Pilutik too, who in addition to being the Co-Zookeeper, is this zoo’s webmaster, legal analyst, and manager of the donation fund (that, in actual fact, keeps us fed!).

    P.P.S. Which reminds me to gently remind all newcomers of this statement located at the bottom of each of post:

    “If you’d like to help support The Underground Bunker, please e-mail our webmaster Scott Pilutik at BunkerFund@tonyortega.org

    To guide you in quickly locating it, here is a screen capture of the Bunker’s Donate button, located at the top, left-hand side of this site (below the Bunker’s masthead and just above the “Search” box):

    • SandiCorrena

      And remember to link to Amazon through this page……..

      • Miss Tia

        When I have some spare cash, I hope, in December, I want to get a couple books from amazon and plan on using that link!

        • NOLAGirl

          Check your direct messages on Twitter. ; )

          • Miss Tia

            ((HUGS))

  • Still_On_Your_Side

    Those other lawyers for the church must be having a terrible weekend. They took this case believing their client did not run the Squirrel Busters and was only interested in protecting the “orthodoxy” of the religion. Didn’t Mr. Streiber compare the CoS need to protect the religion to his Methodist church? Today, they probably think they stepped into poison ivy, and the rash is threatening to engulf them. How will they explain to the other country club members that they are representing this church when they read about the harrassment and surveillance the church admits to? How will they explain the religious crusade of hundreds of members of the church trying to do to the court and the town what they did they did to the Rathbuns three years ago? And when the global media picks up this story that Tony scooped them on, how will Miscavige explain to his celebrity friends that he is the worst paparazzi of them all? Because of Miscavige, the church is self-destructing.

    • Observer

      I hope so. They should have done at least a modicum of research before taking the Scientology crime syndicate on as clients.

    • BananaSplits8

      As I said earlier, I think these Texas attorneys took on the cos (et al) as clients for their cash cow value, assuming they’d be somewhat rational and truthful with THEM.

      Must be a shitter of a situation if you’re playing games with the court because your client is playing games with you. It’s one thing to take on an odious client, it’s another to have to keep putting out fires on their behalf.

    • Poison Ivy

      “Today, they probably think they stepped into poison ivy, and the rash is threatening to engulf them”

      Did someone take my name in vain?

      • Still_On_Your_Side

        Oops, should have said “poison oak”!

    • grundoon

      Monique Yingling and Wally Pope know very well how dirty their client is. A pigsty doesn’t half stink until sixteen shysters start rolling in it.

  • NOLAGirl

    Maybe I missed this, been doing a lot of reading this morning, but did the Judge set a date for the next hearing in this matter??

    • Robert Eckert

      December 11 is the hearing where continued evidence will be taken on Ray’s request to extend the temporary restraining order to a temporary injunction for the duration of the case, and RTC and Miscavige are to argue why the Texas courts have no jurisdiction over them. That promises to be a fun hearing and I hope to Xenu that Tony will be live-blogging again.

      • NOLAGirl

        Thanks for the info Robert. I appreciate it.

        • Robert Eckert

          Thank Tony, rather. The publicly-available video (thanks Mr. Bennitt!) only had the judge proposing four dates to the lawyers; the confirmation that Dec. 11 was agreed on came from Tony following up with Ray.

  • Miss Tia

    Can someone clarify something for me–which I think I’m pretty sure on, but I’m researching something and want to make sure what I just found is relevant—they’ve claimed in this suit that RTC is basically it’s own separate entity from CSI and basically deals with ‘trademarks’ of LRH’s works, correct? (nevermind of course that his works are technically the CO$’ ‘scriptures’) So RTC should not, technically have any involvement with CSI, or most of the other subsidiaries of the CO$, right?

    Like I said, I’m researching something I had started before and I’m finding some things that are very interesting. 🙂

    • Isaac Clarke

      RTC controls CSI, and contractually can shut down any org without cause

    • Robert Eckert

      Yeah, that’s what they’re saying; and yeah, it’s ludicrously untrue.

      • Miss Tia

        VERY ludicrously untrue!!!

  • Bea

    Holy moly!!! Surely this is a case of the cult cutting off its nose to spite it’s face!??

    I would hope the judge in the end is on the side of justice and can see though the shenanigans of DM.

    What our little Caligula has forgotten is that he isn’t a Roman Emperor but is accountable to the law and cannot act with impunity!

    • Drat

      DM is cutting its nose off to save his own face.

      • Bea

        Touché

  • Orglodyte

    I wonder if Judge Waldrip has read LRH’s litigation playbook. Here is some holy scripture from 1955. Marty quoted it this morning. http://markrathbun.wordpress.com

    “The DEFENSE of anything is UNTENABLE. The only way to defend anything is to ATTACK, and if you ever forget that then you will lose every battle you are ever engaged in, whether it is in terms of personal conversation, public debate, or a court of law. NEVER BE INTERESTED IN CHARGES. DO, yourself much MORE CHARGING and you will WIN. And the public, seeing that you won, will then have a communication line to the effect that Scientologists WIN. Don’t ever let them have any other thought than that Scientology takes all of its objectives.” -LRH

    Another absolute from the master. {Applying} this stuff 100%, in the belief that “the way out is the way through,” leads to insane behavior.

    • Snippy_X

      Isn’t there a quote that says accuse them of the thing you are accused (guilty) of or something like that. It seems to me to be another pattern, especially in their bullbaiting. What are your crimes? The guy who most looks the part is the one who asks, “Aren’t you a pedofile?”

      • Observer

        This one?

        “If attacked on some vulnerable point by anyone or anything or any organization, always find or manufacture enough threat against them to cause them to sue for peace.”

        – L. Ron Hubbard, Hubbard Communications Office Policy Letter, 15 August 1960, Dept. of Govt. Affairs

        • Snippy_X

          That’s the jist of it. I think there are more of these pearls of Hubbard out there. Maybe it is a subconscious thing that they accuse the enemy of the crimes they are most intimate with and thereby expose their own evil ways. I don’t know the ramblings of the Hub well enough to even guess where to find such a quote. This one certainly is a good one. Thanks.

      • grundoon

        “The overt doth speak loudly in accusation”?

  • Room 101

    I did a little snooping on Corporation Wiki:

    http://www.corporationwiki.com/California/Los-Angeles/church-of-scientology-international/59968372.aspx

    The 5 are active managers of CSI are:

    John Busby
    Helga Welch
    Paul Wilmshurst
    Todd Alexander
    Bob Avevedo

    Seems like of the 5 managers tied to CSI’s corporation, Todd Alexander has been disaffected before, if not still. He may be a good person to subpoena.

    As far as RTC goes, Warren McShane is the only active manager. Coincidentally, he is also over International Dianetics Society, Inc.:

    http://www.corporationwiki.com/California/Los-Angeles/international-dianetic-society-inc/39502215.aspx

    Seems like an interesting corporate structure on all three entities when vetted against what executives and DM promote to parishioners at events.

    • Taylor

      David Miscavige also has pre-written, signed and undated letters of resignation on all corporate officers. He can just fill in the date and cut any of them loose at anytime.

      • BananaSplits8

        That alone contravenes so many concepts of fiduciary and stewardship principles, it’s mind blowing. Even Wall Street wouldn’t dare (I think/ I hope).

    • Miss Tia

      I’m doing some more research that ties RTC & CSI together, and shows actually how ALL their alphabet soups are in the same pot. I’m gonna need a few hundred more index cards (easiest way) and I think a huge sheet of a paper to chart it all out—-or I’ll just chart it on the wall! 🙂

      • Room 101

        Go for it. I’ll bet anything OSA will look at it and shit their pants.

        • Miss Tia

          Well I’m not gonna put what I’m specifically researching on here, so the OSA can go HAVE A NICE DAY! 🙂 But it’s public records, very tedious and somewhat confusing, but some of it is extremely straight forward showing their ties and intermingling.

          After I amass all this, I’ll send it to pertinent peoples whom it would/could benefit, and of course the purveyor of the bunker!

          • L. Wrong Hubturd

            You need to slow down. I can’t afford more rewards right now. 😉 But seriously, if you find anything worthwhile and damning, you kick ass!

            • Miss Tia

              Those cookies are FUELING ME now!!! 🙂 Thus far, and I’ve only used up my 200 index card supply, it’s worthwhile and damning……all told i figure i’ll have about 1200+ index cards (talk about confusing!) but it’ll make sense!! And this is just one of 6 or 7 CO$ research projects I’m doing. This one is priority right now cuz it’s big, and the results should be big!

            • L. Wrong Hubturd

              Marry me? Bwahahahaha!

            • Miss Tia

              Look at what happens in the bunker!! 🙂 Yes, I’ll say YES!! 🙂

              I think I inadvertently hit something really good. Fingers crossed!!!

            • Frank

              Even though they are officials on documents. David Miscaviage has all of their pre-written and signed resignations. As soon as anyone of them is considered a liability he only has the document dated. This ends their affiliation with the so called {church}

      • TheHoleDoesNotExist

        Miss Tia….see my quotes and link from Denise Brennan before you go to all this trouble:)
        My post is above so shouldn’t be hard to find, but here’s the link again:
        http://tonyortega.org/2013/08/31/the-history-of-scientologys-weird-vaults-the-bizarre-battlefield-earth-connection/

        • Miss Tia

          Thank you THDNE!! I don’t want to give the OSA any clues (am I being paranoid? maybe? hmmmm)….but this is info that is out of their control! 🙂 I wish disqus had a message system cuz I would message you and tell you.

          I am gonna go read that article again though, it actually will help me!

          • TheHoleDoesNotExist

            Here ‘ya go… this should tide you over…

            http://www.lermanet.com/audio/larry-brennan.htm
            (Brennan radio interview with Tom Smith)

            http://paulsrabbit.com/LHBvol1a.pdf
            (Miscavige Legal Statements) … all about the corporate sort out, Larry Brennan

            • Miss Tia

              Thank you so much!!

            • TheHoleDoesNotExist

              Welcome. I mainly don’t want you to needlessly waste a lot of time. It’s set up to fool people into wasting time chasing their trails. Read all of Brennan’s stuff First.

            • Miss Tia

              yeah, i’m prone to vertigo too, so tail chasing would be bad! 🙂

      • Isaac Clarke
        • Miss Tia

          Oh that’s WONDERFUL!!! you really have no idea how much that’ll help me with what I’m doing!! THANK YOU!!

          • Lisa

            I love that chart:)

            • Miss Tia

              That’s an awesome chart!

      • Isaac Clarke

        This talks about the RTC Licenses, “demonstrating unilateral control (of CSI) through a no-consideration contract”

        http://www.xenu.net/archive/oca/corporate.html#app2

        • Miss Tia

          oh thank you!!! I’ve got that opened in a tab and shall read that when my note cards are ‘clear’ from my desk! 🙂

      • grundoon

        There’s a nice chart in The Command Channels of Scientology (PDF)

        • Miss Tia

          oh THANK YOU!!!!!

    • Miss Tia

      How accurate is corporate Wiki? I have tried to find the International Dianetic Society via the California Secretary of State site and cannot. It also says that entity # doesn’t exist. Also, look at the date it says it was incorporated—isn’t that around the time the book came out? This is yet another rabbit hole!

      • Room 101

        Yes, it’s been incorporated for 63 years. Warren McShane is the only listed manager.

        • Miss Tia

          I don’t understand why the entity # or anything comes up for that on the CA SOS site. Scientology Centers come up when I searched Scientology and when I just put in Dianetic and then Dianetics, nada. Weird!

          • Room 101

            I didn’t did very deep. I just perused for about 15 minutes. I’m sure some of the info is outdated, but I’m just re-iterating that it’s really no task at all to tie RTC directly to CSI, especially with this link Isaac Clarke posted: http://www.xenu.net/archive/oca/corporate.html#app2

      • grundoon

        Since the beginning the Scientology empire has gone on spawning hundreds of shell companies in countries around the world. Most are just paper shells; in many cases the address is a rented mailbox at a Mailboxes Etc or UPS Store. Many are untraceable.

        • Miss Tia

          Oh yeah, I did some research for a friend last year into a business that was basically like that!! And I researched that company’s ‘executives’ and all their previous businesses were just shell companies—-mail boxes, residential houses who’s address was used by numerous other ‘corporate’ entities for filing reasons……you can find SOME traces via secretary of state websites and their filings there, then with other state departments…..but you can be led into a morass of mail box etc based ‘corporations’ easily!

  • Guest

    Does anyone else imagine David Miscavige, the leader of the Church of Scientology and all of its sub groups and organizations, singing this somewhere, behind closed doors, into a hairbrush to his reflection in a full length mirror?

    “CSI and RTC, Find out what it means to me,
    CSI and RTC, taken care by C-O-B. ”

    He just wants a little Respect, ya’ll.

    (Apologies to Aretha Franklin.)

  • Jefferson Hawkins

    Tony, fabulous coverage as usual.

    Random thought: I think that they would have a difficult time nailing down a definition of “squirrel” in court. The old definition of “Scientologist” (from the out-of-print Tech Dictionary) was “One who betters the conditions of himself and the conditions of others using Scientology technology.” This was the definition that they used to justify the practice of counting every single book buyer as a “Scientologist.” By this definition, anyone who had attended a Study Tech class or a Narconon lecture was counted as “a Scientologist,” even if they had no idea it was connected to Scientology. This is how they justified inflating their numbers beyond any sense of reality. Part of this was encouraging “Book Auditors” – people were told just to grab a book, like Dianetics or Self Analysis, and start auditing their friends with it. When they try to label Marty a “squirrel,” they fixate on things like no trained Case Supervisor or no PC Folders. Yet they don’t require this of their “Book Auditors” or anyone else that they freely count in their bogus Scientologist “stats.” Another case where their own terminology is so contradictory and hypocritical that one wonders how they would even credibly argue such a thing.

    • Observer

      Has credibility ever mattered to Scientology? To my never-in eyes it has always seemed to be about coming out on top, no matter how low they had to stoop to do it.

      • Cat Daddy

        And that my friend is the crux of Satanism

        • 1subgenius

          Don’t let Theta Bara see you say that, we had an all night “discussion” about it.

          • ThetaBara

            Sure, if you call four or five comments (between us both) an “all night discussion.” But CatDaddy isn’t saying scientology = satanism, as you were at the time.

            • Captain Howdy

              To most satanists, “satan’ is a metaphor for materialism & hedonism, among other things. Hardly the stuff L Con’s spiritual monkey maze is made of.

            • Cat Daddy

              I was refering to the destroy utterly stuff, whiping the slate clean

            • 1subgenius

              I did not, and you still don’t seem to understand that.
              I said repeatedly it was “satanic”.
              NOT Satanism.
              There is a big difference.
              One is an adjective, one is a noun, just for starts.
              .

            • ThetaBara

              Argue your linguistic technicalities all you like. “Satanic” still presupposes the existence of “Satan” – the christian devil. I don’t believe in “Satan” any more than I believe in “Xenu,” rendering the entire concept moot.

            • Cat Daddy

              meh, Satanism doesn’t have to mean a guy in a red jumpsuit with a pitchfork

            • 1subgenius

              Claiming I said one thing when I didn’t is hardly a “linguistic technicality”.
              And I never said, and in fact repeatedly denied that I believe that Scientology=Satanism.
              We agree that Scientology isn’t Satanism, no?

            • ThetaBara

              Sure, that’s been my position all along. Sorry to have misunderstood you.

            • 1subgenius

              No sweat. To communicate is to be misunderstood.

              Damn I like this song for that message.
              Was going to post Nina Simone’s version, but it makes me weep.

              https://www.youtube.com/watch?v=zriKO7hXsTc

            • ThetaBara

              I <3 Elvis so much!
              Here's one for you:
              http://www.youtube.com/watch?v=_FAzWgY8Ftc

            • grundoon

              “Satanic” presupposes only that there are some ideas or practices identifiably associated with the label “Satanic.” Just as we can refer to our host’s Herculean labors or the Southern SP Society’s Dionysian revels without thinking that Hercules or Dionysus are anything but mythological characters.

            • Cat Daddy

              actually there are 4 forms of it

        • music8r

          Dude, Satanism ain’t THAT bad!

      • BananaSplits8

        They don’t even have to come out on top anymore. A judge’s decision could say “the church of scientology is a nefarious organization” and they’d hip-hip-hooray the religious recognition.

      • AsthmaticDwarf

        But, then, Obs, ‘coming out on top’ would have to include Hubbard’s

        “The purpose of a lawsuit is to harass and discourage rather
        than to win…. Don’t ever defend. Always attack. Find or
        manufacture enough threat against them to cause them to sue for
        peace. Originate a black PR campaign to destroy the person’s
        repute and to discredit them so thoroughly they will be
        ostracized….”

      • KJP in Portland

        I’m also never-in (you know that)…wog-world credibility isn’t even on their ‘radar’. They live by their own set of rules.

        • Observer

          true dat

    • Mooser

      I think ze moo told us (hope I’m correct in my memory of it) that this Every-Man-an-Auditor phase was ended by MsCavige, and they went to a Auditing-by-Sea-Org-Employees-at-the-Ideal-Orgs system. ?Under the old system, auditors could still make some bucks, and paid Sci. a commission, and the new system funneled all the revenues to the central Org?
      And that’s how they would “clear the world”.

  • Walter Mitty

    Have you seen this? They sell it at the Celebrity Center. (just kidding)

  • TheHoleDoesNotExist

    Denise Brennan Explains Everything:
    (for those trying to figure out who’s on first, what’s on second and WTF?)

    “That goose chase you’re on — that’s what we tried to make people do, lead them to follow that paper trail and think they were on to something. The people who think they’re following the power of control by looking at the lists of directors for CST are falling for the sham we set up.”

    “DENISE: All a sham. The special directors — they had no authority. It looks like they have power, but they have no power at all. Pursuant to the CST bylaws the primary things they were charged with looking into were ensuring that CST qualified for tax benefits. And the regular directors who had to be Scientologists in good standing could overrule them at will. Throughout organized corporate Scientology we had undated resignation letters from all corporate trustees, directors, and officers. We used to go up to directors with meeting minutes already typed up and have them sign them without reading them. All of the corporate papers and layers of directors — it’s all just a scam that has nothing to do with who really runs Scientology. Who runs Scientology is David Miscvaige, and he controls it through the Sea Organization.”

    http://tonyortega.org/2013/08/31/the-history-of-scientologys-weird-vaults-the-bizarre-battlefield-earth-connection/

  • whingeybingey

    Now when they start admitting that murder is also part of their religious tenets and demanding their right to freely practice their beliefs no matter what the rest of society thinks of them or the other annoying laws of the land specify, we’ll be taking this to its logical conclusion.

    • Jgg2012

      In the Wollersheim case, they admitted that fair game was part of their religion, so you see what they have admitted that is way beyond the 1st Amendment.

      • Captain Howdy

        In the 1992 Canadian trial, lawyers for the cult stated that scientologists were trained to lie effectively.

        • 3feetback-of-COS

          TR-L, Training Routine for lying, basic training for the Guardian’s Office and OSA.

          • Cat Daddy
            • KJP in Portland

              The 2013 world pretty much precludes punishing children physically, especially since now, they can go to the cops if you beat the tar out of them. Can’t even be a good, effective parent anymore.

            • Cat Daddy

              Scientology does not abide by wog law

            • Guest

              This is what they are peddling to Sci parents? How could anyone read that and not be disturbed?

              Those poor kids.

            • Cat Daddy

              Of course they are highlights but train your kid like a dog ? good grief

        • Observer

          and that is the subject of the next in the Truth About Ron series …

          • Captain Howdy

            “Now you say you have to be absolutely truthful. Sincerity is the main
            thing, and truthfulness is the main thing and don’t lie to anybody
            … and you’ll get ahead. Brother you sure will. You’ll get
            ahead right on that cycle of action, right toward zero! It’s a trap
            not being able to prevaricate … This makes life more colorful!”
            -L. Ron Hubbard, Philadelphia Doctorate Course,
            lecture “How to Talk to Friends about Scientology”

            http://www.solitarytrees.net/racism/lying.htm

            • Observer

              You’re using all my quotes!!! (it’s already finished)

        • KJP in Portland

          Too bad international testimony can’t be used. Hey Captain, could some future plaintiff sue them at The Hague, thereby circumventing any international loopholes? That would be nice to see…British, German litigants, American litigants…have the Hague ban them the world over? WIN!

      • Mooser

        They are acting as if they were the Catholic Church and they seem to think they are a couple of centuries away from well, now. Arguing that a Church can supersede the secular law with the laws of God is one thing, but with the law of Hubbard?

        And yes, the only logical end of Scientology’s reasoning is that they have the right to murder SP’s, like a Church could once execute heretics.

        • whingeybingey

          I wish they DID act like the Catholic Church because NONE of my Catholic friends have to put up with this stalker shit.

  • Jgg2012

    I just thought of something. Maybe they are admitting that the church was behind this so that the plaintiff won’t need Leah Remini to testify that Miscavige was obsessed with Marty. Her testimony, if it were to happen, would get a lot of publicity.

    • whingeybingey

      Yes, I had thought it was disappointing that Leah may not need to testify, and that may well have been part of it.

    • Robert Eckert

      They are specifically denying that MISCAVIGE had anything to do with it, and any testimony about Miscavige’s personal obsessions (or connections to the earlier Tommy Davis expedition to Texas) is directly to that point.

      • Jgg2012

        Doesn’t he run CSI? Or do they need to admit to that to? If he doesn’t oversee CSI, who does?

        • Robert Eckert

          He is denying that he has anything whatsoever to do with the actions of CSI. In theory, CSI is still run by Heber Jentzsch.

          • Jgg2012

            http://www.scientology.org/david-miscavige.html

            Well, not according to their website. Clerical error, perhaps? It goes on for 5 pages. No mention of Heber or a Bd. of Directors (IRS, are you listening?). Anyway, Ray Jeffrey should serve a “Notice to Admit” on CSI attorneys asking them that exact question. If they are saying that Heber, not Davey, runs it, Leah AND Tommy Davis can both refute that.

            • Robert Eckert

              It does not mention CSI at all. According to their position in this current lawsuit, David Miscavige runs RTC, which has nothing whatsoever to do with CSI, and only CSI has ever done anything in Texas.

            • Jgg2012

              It says he is the ecclesiastical leader of the religion, with 1,000 plus churches worldwide. That’s not Church of Scientology International? (Judge Waldrip facepalm coming up).

          • Lisa

            Even if the President of CSI was not held captive, he would still report to the RTC

          • AsthmaticDwarf

            That’s a laugh, eh? – Heber, from the Hole or RPF, where Heber has been toiling for what, a decade now?

        • Lisa

          RTC is in charge of policing every aspect of the CSI, and can shut down any org at any time.

          • Jgg2012

            Even his niece, Jenna, says that he runs the Church. No mention of Heber.

    • KJP in Portland

      Mr. Jeffries should still bring her in regardless. I wager Leah WANTS to testify, just to give back a little of what she got, AND get back a little of the (millions?) money she gave to the rotten skunks.

  • Michael Leonard Tilse

    Really good reporting Tony. I especially like the tracking down of the camera type from the OSD in the pix. Nice.

    • KJP in Portland

      I’m still telling ya. they can’t do that in Oregon. After the 1st 2 or 3 times, you have the legal right to do whatever it takes to get them off your porch and off being in your face, up to and including force, and the homeowner / dwelling occupant will never spend an hour in jail.

      I know what I would do instead of photographing / videoing those zombie creeps on my porch, but I can’t mention it here, apparently.

    • grundoon

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  • richelieu jr

    Am I the only one grinning about the fact that we’ve been calling Cobby ‘Slappy’ for a while?

    How you doin’, SLAPPy? How’s about some Anti-SLAPPy legislation, folks?

    • KJP in Portland

      Maybe calling him SLAPPY too long gave them the idea :/

      j/k

  • Still_On_Your_Side

    Here is a puzzler: The CSI claims it has a right to protect its intellectual property in Texas against the Rathbuns, and the RTC says it does no business in Texas. The RTC, however, owns and controls all the intellectual property. Every trademark used by the church is registered to the RTC (www.uspto.gov). So, is this a case of the church lawyers throwing Miscavige and the RTC under the bus because no one bothered to tell them the church owns no trademarks or copyrights? That, in fact, every defense of Scientology trademark and copyright is conducted by RTC, or at its request, and, thus, RTC by admission of the church lawyers has been very busy doing business in Florida? Interesting problem for these church lawyers……

    • Lisa

      Every Org in Texas can be shut down without cause by the RTC, and every Org in Texas is granted the permission to practice the Scientology by the RTC.

    • AsthmaticDwarf

      Dave the Machiavellian Midget Miscavige is paying each and every lawyer, and is conducting the strategic and tactical planning. It’s not a case, SoyS, of cherch lawyers throwing Dave Savage Miscavage & RTC under the bus. They know the copyrigts/trademarks control.

  • Sunny Sands

    The Bing search engine under “Popular Now” now lists France Scientology Fraud, no question mark.

  • Bea

    This brings a whole new level to the meaning of “happy slapping” (a craze in the UK of videoing someone being assaulted unexpectedly). “Happy Slappy Dwarf” aka DM

  • Lisa

    I can’t see this going away until the RTC is exposed as having complete control over every aspect of CSI. It seems inevitable.

    http://www.davidmiscavige.wikiscientology.org/text/D.M._and_RTC_bypasses_all_levels_of_Management_and_poses_as_the_new_management_in_contradiction_to_its_statuted

  • WhereIsSHE

    The purpose of Texas’ anti-SLAPP law, as clearly expressed in it’s official title– “the Texas Citizens Participation Act”– is set forth in the statute as follows:

    Sec. 27.002. PURPOSE.

    The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.

    So… to “encourage and safeguard” free speech rights, but “at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury”.

    Notice the sleight of hand and misdirection aimed at the court via so much focus on Marty and the Squirrel Busters, with a glancing “defense” of the use of private investigators.
    L Ron Liar would be pleased and proud.

    But Monique’s Complaint makes clear that this her case is not about the SBs activity back at Ingleside on the Bay. She never attempted to impinge on the SBs’ exercise of speech (whether protected or not) by suing these defendants.

    What prompted this suit–as spelled out in her Complaint–was that she couldn’t take the harassment and invasion of privacy anymore, and so she and Marty moved to a secluded plot of land in Comal County in the endeavor to live in relative peace and solitude. She was willing to live and let live at that point.

    And then the harassment and invasion of privacy continued. Not by the SBs, but by the “church”. Not “protected speech” on public property relating to a matter of “public concern” (I won’t get into that whole subplot now, but I have plenty to say about it, because it is a key issue for the anti-SLAPP motion), but rather high powered cameras placed strategically on private land and aimed at her private home, and people following her to and from place of employment. (I don’t mention the other allegations of workplace mailings harassment, only because Monique admitted on the stand that she has no actual proof of who was responsible for it.)
    But the point is that the lawsuit she filed was for a legitimate– “meritorious”– purpose, i.e. to seek relief from the harassment and invasion of her privacy and to seek redress for the demonstrable injury the defendants have inflicted upon her. The purpose of the anti-SLAPP law is not to uniformly strike down every lawsuit filed, just because a free speech matter is at issue. The purpose is ALSO to protect the rights of someone like Monique Rathbun who has filed a meritorious lawsuit for demonstrable injury.

    What we are really seeing here is a preview of the defendants’ future Motion for Summary Judgment (which they may prevail on, in part– I wrote here about the potential problems with Monique’s IIED claim way back when the Complaint was filed), and a preview of their defense at trial on whatever Counts remain after the MSJ is decided.

    Misdirection. Sleight of hand.
    It’s up to Ray J to point to–and reveal– “that man behind the [Wizard] curtain”.
    I have no doubt that he is up to the task.

    • TheHoleDoesNotExist

      Thank you for explaining that in English. I won’t try to figure out the problems of Inflicted Emotional Distress, but hell, I’m distressed just reading about what happened to her!

      • KJP in Portland

        Hole, I agree, but filing that bullshit motion has me spitting bullets. I feel like driving down to the Idle Morgue at about 3am with a hunting slingshot and picking off some of their glass from a block away. In the very least, I oughta egg them from 100-125 feet away (good throwing arm). By the time I got 9 or 10 off, I’m back in my car that’s parked (around the corner) so quick, whistling la dee da. Cops pull my plate (as hundreds of times before) and NEVER pull me over. Veteran plates, 51 yo veteran, NO, ZERO record…NOT worth their time at all…

        Cops ask me any Q’s? I just say I saw some hippie, eco, pagan, vegan, bicycle-nazi younger kids (maybe 4 of them?) running up the other street a few minutes ago. Me? Yeah, I just finished my downtown paper route (gives name of my old distributorship and boss…they think I left for surgery and not new job, lol). Or, I just say I’m walking over to the 24 hr. cigar store on 5th (they are on 3rd). I smoke cigars…have a big one lit while doing it.

        …and I’d STILL wait, and get back in my car and go on with my life…we been here since 1884. That’s ’18’ and 84 officer. Pick on some young kids doing pranks, not some accountant, disabled veteran citizen of a post-pioneer Portland FAMILY.

        IOW, I’m totall un-bustable UNLESS they get a clear as a bell FACE-SHOT of me, OR a clear shot (around brick and steel) of me getting in my car (they never will). I’ve pulled too many big pranks in the 2 years I was out of work, getting back at people that wronged me as a kid, while doing my ‘routes’. No on could connect me to anything I did. I cover my ass better than these stupid bullshitology attorneys do.

        KISS MY ASS, BULLSHITOLOGY.

        KISS MY ASS Davey Fellatio-breath.

        • TheHoleDoesNotExist

          Um, violence or illegal acivity s not advocated here in any way shape or form.

          might want to consider deleting.

          • KJP in Portland

            I can dream…

            It’s only eggs, or poop…

            I never get anything to delete…It just goes to guest. I state my feelings too eagerly sometimes…

            • Guest

              You can always press edit and erase. This type of comment can and will be used to criticize the proprietor of this blog and the posters here as a whole. We don’t promote or condone any talk even suggesting what you have posted here and even though it is your statement, your own personal views and your right to state them, it’s not a very wise thing to do considering the way the C o S operates.

              Please consider using the edit feature.

            • KJP in Portland

              I did that (forgot about that). You see the changes, yes? They look good from here.

            • Guest

              Thanks, KJP.

              I hope you feel better soon.

        • Robert Eckert

          Posting your intentions in advance on a publicly-accessible (indeed, widely-read) board might be a slight flaw in your otherwise perfect crime.

          • 1subgenius

            “otherwise perfect crime”
            priceless

        • 1subgenius

          That is all so wrong it’s wrong.

    • KJP in Portland

      Thank you WIS, I’m a bit more relieved after reading your interpretation. But I’m ‘still’ trying to digest all of this. Obviously a chess-match being played out, with both sides thinking ‘next moves’ well in advance. CoB$ is thinking they’re going to grind this out until Mosie runs out of ‘resources’, but this time Mr. Jeffries ain’t in it for the money. And, I think Jeffries will represent Mosie and outmaneuver CoB$ to the bitter end, just out of personal principle. I think Jeffries might just be smart enough to win his arguments aginst C0B$ all the way to US Supreme Court if need be.

      Thank you once again for deciphering this for me to understand.

  • Noni Mause

    To the wog world, this is Paulette Cooper all over again. Co$ has no credibility – that joint a holy church?! Fuhgedaboudit!! – and any of its followers who try to defend it now will look even nuttier. Good news for the Rebel Alliance!

  • Lisa

    The RTC charter states that the RTC is solely repsonsible for handling squirrels. By definition, the activity against the Rathbuns would have originated with the RTC.

    • Tony Ortega

      They include an interesting document, saying that in June 2009 RTC granted CSI permission to take measures to defend Scientology’s trademarks, which could include litigation or preparing for litigation. The Squirrel Busters had already been going on for more than a month by then, but it shows that they might have already been anticipating this scenario — that they had to make it look that CSI was running the surveillance operations, not RTC.

      • Kevin Tighe

        Very, very interesting.

        • TheHoleDoesNotExist

          No kidding! Never heard of That maneuver before. I’ll bet Denise would know if this has Ever been permitted. Seems like it then make it obvious.

      • Noni Mause

        Yep, I’ve always had the feeling that I’ve been watching a chess match, not a court case. I’m sure they’re thinking several moves ahead.

        • Cat Daddy

          Are you questioning their RANK in this matter ?

          • KJP in Portland

            They’re starting to give off a RANK odor!

      • BananaSplits8

        Then I hope the court calls out RTC’s authority to delegate such manoeuvres.

        • Lisa

          Good point. RTC can shut down any Org without cause, is solely responsible for policing CSI, and could certainly retract their “permission” to the CSI for anything.

        • KJP in Portland

          Lol BS8! Good to see ya!

      • BigMcLargeHuge

        I don’t see with all the information available now how they could win in a properly pursued alter-ego claim. Heck, I managed to lump together a bunch of corporations in a case based upon them using the same secretary and copier (was a bit more complicated than that, but it really isn’t hard to prove when it is this obvious).

        • Poison Ivy

          If ever there was an “alter-ego” of Scientology RTC, CSI and every other acronym out there…David Miscavige is that alter ego. In fact I think he has attested to this in moments of self ego-inflation, on several occasions, if every word he’s ever said publicly (or in any of the millions internal documents he’s dictated) were to be parsed…

      • Lisa

        Does it specifically say CSI can handle “squirrels?” I can’t find the passage.

        • Tony Ortega

          It’s a document attached to the Allan Cartwright declaration.

          • Lisa

            Thanks!

          • Lisa

            OK, the addendum to the CSI license says they will cooperate in enforcing trademarks, but stops there.

            It doesn’t address the concept of squirrels, which is an ecclesiastical term used extensively by Scientology.

            Since RTC is “explicitly” designated to handle squirreling, and the CSI license addendum omits this, a close read of the charters will reveal that RTC is responsible for handling squirrels, not CSI.

            RTC explicitly is to police:

            -“If an individual or a group (were) to change or to try to squirrel or actually to squirrel the technologies of ethics, tech and admin of Scientology, like they are stated in books, bulletins, policies and scriptures of LRH.”

            -“The development and/or the usage of squirrel-processes and -checksheets”

            -“Cases of Out-tech or squirreling”

      • BigMcLargeHuge

        Just had a thought: An argument can now be made that the Licensing Agreement appoints CSI as RTC’s agent (if RTC owns this stuff, CSI can only enforce the rights by contract/appointment). One party has authorized another party to assert its rights, in this case in the state of Texas. That smells an awful lot like the principal (RTC) taking advantage of the privileges and immunities of Texas law using its agent. Such a relationship creates personal jursidction. That kind of thing is straight out of Moore’s Federal Practice or the Restatement of Agency. First year law school procedure type stuff.

        They may have just shot their jurisdictional argument in the foot as far as RTC goes.

        • Lisa

          I think an important point is that RTC polices the CSI, as well as licensing the CSI to operate. So if CSI does something wrong, RTC is supposed to catch the infraction, issue corrective actions/ fines, and possibly shut down Orgs. CSI is completely subordinate. RTC is supposed to actively police all aspects of the CSI, and encourages church members to report CSI infractions to RTC.

        • KJP in Portland

          Whether it’s CSI, RTC, COS, IAS, WTF, ROFLMAO, or Mickey Mouse…it’s clear it’s SCIENTOLOGY and I think this court will pin it on the church, no matter how many entities thay claim they have.

          It’s clear it’s from one guy, they can pit blame wherever. If Judge Waldrip is a smart guy, he’s gonna nail ’em anyway, OR get it to the PROPER federal court in TEXAS that will TORCH CoB$ on this Mosie Matter.

          Precedents for others are starting to form

          🙂

          Kiss my old, crusty ass, SCIENTOLOGY!

          • KJP in Portland

            (((hugs))) NOLA! (was too sick and sinus infected with this cold gone viral to play here last night…as soon as I got my kids after work I went straight to bed for 16 hours)

            • NOLAGirl

              (((HUGS))) right back at you KJP!! Hope you feel better soon. 🙂

        • John P.

          I am not a lawyer. I am, however, a self-important and long-winded member of the Internet Armchair Barratry League. That enables me to say the following, whether it’s right or not:

          I would argue that agreements structured with the intent of using two separate entities to insulate one specifically from exposure to the consequences of doing business in Texas would easily be pierced. I would guess that a determining factor in evaluating such a situation would be whether the agreement was focused specifically on the licensee doing business in Texas, either de jure by the structure of the agreement, applying only to Texas, or de facto with the licensee seeing a disproportionate majority of its revenues (93%, say) coming from Texas. On the other hand, a global licensing agreement that is not specific in its language about Texas, and one where a significantly disproportionate amount of revenue did not come from Texas, would be hard to use as sufficient evidence to establish personal jurisdiction. It seems unlikely that RTC’s agreement licensing IP to CSI is global or national in scope and doesn’t have any particular provisions regarding any specific US state.

          I suspect strongly that the argument about Miscavige’s personal jurisdiction will proceed in a fairly standard manner: affidavits from a number of people showing that Miscavige personally directed church PI’s and others to attack the Rathbuns will be sufficient to cause discovery that will ultimately put Miscavige’s oily fingerprints all over Texas. It seems like a de facto argument ought to be sufficient, and much easier to make. I don’t think analyzing the corporate shell structure or other de jure approaches to establishing that CSI and RTC are inextricably linked with porous borders is necessary. I certainly wouldn’t want to be an attorney hanging the case on the text in some agreements that I would have to depend on getting in discovery without having seen them beforehand. That might be a fishing expedition that yields no fish.

          • BigMcLargeHuge

            Personal jurisdiction doesn’t really depend on the relative amount of business done in the state. Heck, you don’t even have to purposely direct stuff into the state as long as you inject it into the “stream of commerce” that has a reasonable likelihood of some of it ending up there. Things like a single phone call have been held as sufficient to create personal jurisdiction as long as it has a sufficient nexus to the cause of action. It’s very fact-dependent but isn’t a particularly high threshold. Agency is also a really easy hook to bring in even non-sham parent corporations.

            I agree with you that piercing the veil is a broader point and I made the same one below (or above depending) with my reference to this being a no-brainer alter-ego case based upon the available information. I suspect both will be utilized.

            • Poison Ivy

              BigMcLargeHuge, I could use someone as well-versed in business law as you! In what state do you practice?

            • BigMcLargeHuge

              I left all of that behind. I now work for the gubmint.

      • grundoon

        Will they claim that RTC doesn’t care anymore about trademarks and copyrights because they’ve outsourced all that to CSI? So then what is RTC for?

        Which RTC trademarks and copyrights are they policing by following Monique around when Marty is out of town?

  • Kevin Tighe

    For what it’s worth every org has an RTC sign like this one with a little RTC table to write your report and even a little RTC mailbox. Scientologists are encouraged to send reports to RTC. I know I did and I’d always receive a letter back. I wonder if they are still there?

    • Noni Mause

      Ooh, that’s pretty damning for DM.

    • Lisa

      RTC is responsible for actively policing every org, and administering corrective actions and fines for deficiencies. RTC sets minimum requirements which, if not met, will result in lost of licensing.

    • Lisa

      RTC MINIMUM STANDARD REQUIREMENTS HELP ORGS TO EXPAND

      To fulfill its duties RTC licences every organization and mission…. RTC licences also directly and individually every organization of the higher levels of Scientology.

      The RTC supervises the standard delivery of all services in orgs and missions, including the services of the higher levels in every Advanced Organization. This is executed… through direct inspections by RTC. In the past year executives of RTC have made far more than 100 of such inspections in orgs and missions. These inspections will be executed further on.

      Based on the marks- and licence-agreements of the orgs, RTC has published specific minimum-standard-requirements for them. These requirements… include the minimum-number of trained case supervisors, auditors and supervisors as well as certain staff in the administration, whom every org needs in order to deliver standard service…. Part of these requirements is also a list of training and processing services and materials, which the org has to deliver due to its licence-agreement.

      Corresponding to that a particular series of RTC minimum-standards exists for Scientology missions, who have to meet them required by their licence-agreements. After the verification, that an org or mission has met all the minimum-standards, the RTC gives the orgs and missions new licence-certificates

      • John P.

        This might be interesting to point out in the damages phase of a trial, if this case were to get to that level. Given that virtually no orgs are in compliance with the published requirements that they presumably signed up to enforce back when the license agreement was signed, then if RTC did not revoke the license, then it’s not doing its mission with respect to Hubbard’s “scriptures.” If it then turns out that RTC is collecting substantially all the profits from CSI yet not doing what it’s supposed to be doing, one could then ask, “what value does RTC add to earn all this money?” That then raises reasonable suspicion that RTC is a structure for a different purpose — keeping the money so someone suing CSI can’t get at it. Once you prove that RTC’s existence is a sham, it’s probably a lot easier to pierce the veil and get into the RTC bank accounts to satisfy a judgment.

        • KJP in Portland

          Ahhh…another excellent point from GCHQ!

        • Kevin Tighe

          As RTC has given CSI OK to take actions to protect the trademarks should we expect CSI to help fund protests at the non-compliant orgs?

      • Peter

        Do all churchs need a “license” to operate as a church? From their “Mother” church? Surely sounds like a business deal to me!

  • Simple Thetan

    dm has played the queen’s gambit. A play that he will no doubt lose. When he does, he will appeal, and even go to a federal court. He is making this the end game, and it will be his end. In his mind he has already lost. That is why he is isolating himself. I think he is now manifesting depression.

    • Mooser

      “I think he is now manifesting depression.”

      Oh gosh, couldn’t be! Why, wouldn’t situational depression (which we are all heir to) be on of the first problems Scientology’s “tech” would cure. Sure it’s just a minor way-point in the path to curing chronic depression. Neither of those ever effect people in Scientology. I’ve heard they do it by affixing a rabid grin to their physiognomy and repeating “What? Me, worry?” over and over, but it’s probably more complicated than that.

      • Casabeca

        And each smile costs $1000.00

    • AsthmaticDwarf

      or, ST, Dave’s gambit is that he’d be happy to see this up before a Supreme Court consideration for appeal, say like 7 years from now … that’s fine with him; he has unltd. funds for court fights.

  • KJP in Portland

    Hi… I read this in bed. Jeezus it really pissed me off. I hope Judge Waldrip denies this motion and throws all this out of court, and gives Mosie about a $250 Million award. I also hope that the good job is researching ways to CHARGE C0B$ for all of the time Texas state employees had to waste on this stupid church’s obfuscation and waste of time.

    Another attempt at their ‘DELAY TACTICS”. I’m sure Judge Waldrip privately, is laughing his butt off, both in irony, and in the stupidity of the Chirch, thinking they’re going to get their (CoB$) way, filing stupid shit like this.

    anti-SLAPP? WTF? is this something the current administration enacted? The Congress? WTF is this shit?

    …only in the worst democracy of them all…’Amuricah’.

    • Robert Eckert

      It is a state law, nothing to do with either the President or the Congress, and intended for the exact opposite of the current situation, to protect you if some big organization (the Church of Scientology) filed a bogus lawsuit against you for your perfectly legitimate protests against them.

    • Zana

      Doesn’t the Judge get that this is all distraction, obfuscation and mis-use of the judicial system? Does this not occur to him? Can he stop it?

      • Cat Daddy

        He gets it, but has to go trough the motions otherwise the church has ammo to blow the whole thing out of the water

        • Hyperion

          He wants to do it right the first time, so his ruling won’t be overturned on appeals

        • Zana

          Thank you. This helps me follow better without the frustration I was feeling.

  • Mirnaminkoff

    I think I missed something, it says Montavolo “briefly defected from the SO.” I thought he received a settlement from the cult? I can’t imagine they allow anyone who sued them back in the cult, esp if they got money. Or did he agree to drop the suit for the honor of returning into the cult’s loving embrace? I’ve missed a later chapter in Danny’s story – anyone able to enlighten me as to the current situation with him and the CoS?

    • Robert Eckert

      No, nobody can currently enlighten you because it is very puzzling. Mary McConnell somewhere downthread reports that he was hanging out on the SPs ‘r’ us Facebook board as if he was still a disgruntled ex.

      • Sunny Sands

        I believe Co$ misrepresented Brian Culkin’s feelings, stating he was “too scared” of internet posters to testify. Brian nixed that. Maybe Montalvo is being misrepresented by Co$ as well.

      • Mirnaminkoff

        Thanks for the update.

  • Quaoar

    All other discussion aside, this anti-SLAPP motion, with all other previous motions by the defendants, can lead to this case taking years to resolve in various state and federal courts. No matter how this motion is adjudicated in the current instance, the defendants have many avenues to drag the final settlement out for years. IMO, Little Davie has now won simply because he has more money.

    • AsthmaticDwarf

      Dave Miscavige, an unoriginal thinker, following the model from Lafayette RH is running the game plan written as:

      “The purpose of a lawsuit is to harass and discourage rather
      than to win…. “

    • Robert Eckert

      The anti-SLAPP motion must be disposed of within 30 days.

      • stillgrace2

        I thought it was 60 days.

        • Robert Eckert

          The motion must be filed within 60 days of the lawsuit (the suit was served on August 20 so 60 days is up October 19, that is today) and then the judge has 30 days to rule on it.

          • stillgrace2

            I based the “60” days on what Cedillo says at 2:07 of Mike’s courtroom video from yesterday’s proceedings. Something about the judge must act on the motion within (60?) days. The clerk in the left forefront takes some interest in the remark, checking his files, making a note, and passing it to the person to his right.

            • Robert Eckert

              That was a mis-speak by Cedillo.

            • stillgrace2

              The lawyer got it wrong? Oops. Monday, then.

      • Quaoar

        If you are a qualified attorney, then I thank you for your comment. Otherwise I will await the 30 days on your advice. “Disposed of” is one of those legal concepts that slams the door on further action. I have full faith that the cult has its foot in the door.

  • KNMF

    Scientology is amazingly antisocial. It is good when they’re forced to admit it. I’d love to see a viral news story about the admissions of scientology, alongside a picture of Miscavige.

    There could be a simple, media friendly bullet-list of all the nasty things that Scientology has confirmed for the record, under oath, that they are doing to people.
    Since Scientology leader David Miscavige is busy and unable to explain the hateful actions of the church, Scientologists everywhere should expect to be confronted with pointed questions.

    • Observer

      And this is what they’d do

      • KJP in Portland

        I bet I go down to Portland Morgue and they’s give me blank looks…

        • KJP in Portland

          …and one of you ladies and gentlemen should give me advice on going IN to the Portland Morgue and reporting on how they try to suck one in…I might be willing…

          • 1subgenius

            Just pix would do.

          • Guest

            We already know how they recruit people. No need to waste your time doing what is already known. Also, just by writing your intentions in your post gives them a heads up. They’re already paranoid about the intentions of people who walk in from the street and since they don’t get many who do, it wouldn’t be difficult to peg you the minute you walk in the door.

      • KJP in Portland

        Clam chowder, clam strips, big piece of halibut. It’s autumn and that sounds rather good on a Ducks Saturday…

        • Observer

          You can have ’em. I despise all shellfish, including crab and lobster. Ugh.

  • dbloch7986

    I hope the judge sees this for the middle finger that it is and that the irony not lost on Judge Waldrip. Asking for protection of religious freedom by denying another theirs.

    • edge

      Practicing Scientology independent of the CoS is a violation of trademarks. Meanwhile, harassing and spying on others is protected free speech. Got that BS, everyone?

    • KJP in Portland

      I’m hoping Judge Waldrip is independently starting to calculate a billing to Bullshitology for all of the time and hours wasted on their horseshit motion to delay and stall….

      ((((Hi-5’s))) Derek!

    • TheHoleDoesNotExist

      I hope the judge is able to view Daniel Montalvo’s previous litigation in Superior Court Against Scientology all about the child abuse he was subjected to while being raised in the sea org which might ‘splain some of his erratic and irrational behavior and claims Today.

      Oh yeah, and which finger was it again that he lost while working as a child slave in the Sea Org?

      http://www.courthousenews.com/2011/03/08/34721.htm

      • ze moo

        Some of Montalvo’s ‘testimony’ seems directed at getting a look at Mark Headleys and Luglis computers.

  • chuckbeattyexseaorg75to03

    One of those things that the top dictator fails to see, is that if he orders people NOT to say he’s ordering things, that this itself perpetrates and ensures he gets nailed for ordering things.

    It’s the old “You’re goddamned right I ordered the Code Red!” conundrum that the top dictator just blindly cannot seet.

    The lawyers MUST defend Miscavige from being guiltlessly at the top of the command chain, and the only thing to blame is Hubbard’s scriptures which say the same, and which say do the bad stuff, and DON’T tell and ALWAYS follow Hubbard, who himself perpetrated the same top dictator top ordering and even threw his own wife under the bus.

    I mean the really only good thing is Shelly Miscavige isn’t being scapegoated like Mary Sue Hubbard was!

    • Robert Eckert
      • Interested

        Thank you for making me smile. -:))) I really needed that.

      • TheHoleDoesNotExist

        get this kid on the witness stand! hahahaha I sure needed this …thanks

      • Captain Howdy

        I don’t remember Nicholson picking his nose..I would have liked the movie more if he had.

        • stillgrace2

          A few belly slaps couldn’t have hurt the movie, either.

        • TheHoleDoesNotExist

          You and my hubby..he just said practically the same thing watching it.

        • KJP in Portland

          Careful, Captain, that might be too violent for some of these people!

          • stillgrace2

            I was OK with the eggs and you not getting caught. For me, the “offense in question” may have been the the slingshot attack on their glass.

  • Noni Mause

    Just want to say how much I appreciate those with more legal nous explaining, answering questions and analyzing the lawyery stuff Tony’s been good enough to keep us up to date on. I find the comments section riveting b/c of you guys. Thanks.

    • NOLAGirl

      I share these sentiments. Thank you all.

  • Johnny Tank

    Alexa rankings for Oct. 19: *refresh for image*
    Tony: US rank #8,952 – down 58 from yesterday.
    Scientology: US rank #35,976 – down 439 from yesterday.

    • Noni Mause

      Can a blog that’s 27,024 places higher ranking than the one from Co$ still be considered being on the ‘fringes’ of the Internet?

      • KJP in Portland

        Tommy Doorknob is never going to live down that remark, ever.

        • Noni Mause

          Other people’s pomposity is always fun to play with! I’m on record as saying poor Tommy should be given honorary Bunkerite status for the services he’s provided to the Rebel Alliance (pro human rights/antiCo$ us!) no matter how unwittingly.

          • Espiando

            If you were a real Anon, which you aren’t, you’d know that Tommy Davis was revealed to be leader of Anonymous in June 2008.

    • Nick Overmyer

      Oh, This is hilarious.

  • ze moo

    976 comments at 6:30 pm Est USA. Another 1 thousand comment day. Not bad for a ‘fringe’ website.

  • Robert Robinson

    The purpose of the suit is to harass and discourage rather than win. The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause professional decease. If possible, of course, ruin him utterly. —L. Ron Hubbard, The Scientologist, a Manual on the Dissemination of Material, 1955

    • AsthmaticDwarf

      Over and again, everyone, RR, who is against the criminality of $cientology Inc.’s actions, needs to be aware of *the core legal strategy* of $cientology Inc. since 1955. For better than half-a-century.

      • Robert Robinson

        Everyone who watches any Scientology trials should know this by heart so they will know when to yell BS.

  • Lisa

    Here’s a question for the veteran exes, relevant to the topic:

    Who was responsible for dissolving the Watchdog Committee? These days, WDC is basically just a code-word for Miscavige.

  • media_lush
    • KJP in Portland

      :[

    • Observer

      Maybe they’re confusing him with his career.

      • Interested

        I really like will smith. I hope he wakes up soon and comes out. But will his wife let him?

      • NOLAGirl

        That would make more sense because his career clearly has died several different deaths, in several different countries.

      • media_lush

        lol, I have an idea that Miscavige heard that Will was going to publicly “blow” and sent him a message….

        • Poison Ivy

          Would not be surprised, actually. Remember, it’s Jada, not Will, who is the more pro-CO$ of the relationship, and there is some evidence they may have privately put their estate/compound on the market…

    • Robert Eckert

      In related news, Abe Vigoda is still not dead.

  • This anti-SLAPP ploy by the church is clear evidence that David Miscavige is rapidly losing control of his mind. One of his cadre of highly paid lawyers (most likely Ralph Kramden) came up with this blue streak and Miscavige is going with it. No one could have proposed anything this goofy without Miscavige’s okay. This is a Hitler in the bunker Hail Mary which is going nowhere. DM can’t get his big Int events (GAG II, Super Power, etc.) scheduled and now this. The guy is losing it.

    • TheHoleDoesNotExist

      Exactly!

      I’m trying to figure out what the AP Headline should be:

      “Scientology Admits Stalking and Harassment, Claims Holy Right”

      “Scientology Admits Being Bullies and Has a Darn Good Reason”

      “Scientology Says She Deserves It”

      what else?

      • Noni Mause

        I vote no.1. A lovely juxtaposition of the criminal behavior and the cloak.

      • Elen

        Love it! Thanks for the chuckle! Makes me miss BTN a little less… She always made me laugh out loud…something I need to do more regularly!

      • Observer

        Workplace Dildo Delivery is Sacrament, Scientology Claims

        • media_lush

          well, I already posted my title, doubt the AP will borrow it somehow …. (used your shoop)

      • Poison Ivy

        “I’m not saying she DESERVED to be harassed, but….”

        (Oh wait, they are saying exactly that – that she deserved to be harrassed.)

    • AsthmaticDwarf

      Yes, JH, but maybe the problem is that by playing the “religious” card, Dave and C o $ lawyers know that 9 years from now – scenario possibility – this “going nowhere” strategy, true tho’ it may be at face value – they’ll be appealing to the Supreme Court on this case. Dave has millions to pay for that scenario. And the Rathbuns would have to carry their legal expenses for a decade. Major bummer.

    • Lisa

      He lost it a long time ago

    • Sibs

      A Hitler in the bunker Heil* Mary?

      (sorry, that was the first thought that came to my head)

      • Robert Eckert

        Steiner’s attack will bring everything back in order…

        • Sibs

          Funny how often what I learned about Nazi Germany in high school comes back into play on the Bunker. (Okay, not funny, it actually says a lot about how bad Scientology is.)

    • Poison Ivy

      I agree, I think he’s quite gone ’round the bend. Still, this is a diabolical ploy to abuse our legal system and a horrifying double-down on bullying and harassment, with “freedom and religion” as it’s raison d’être. It WILL take up the court’s time, it WILL cost Monique money (even if it’s just Ray’s expenses and not his billables) and it’s incredibly stressful and torturous, being in a lawsuit like this is.

      He may be slipping off the ledge, but he wants to pull as many of his “enemies” down with him when he goes.

      • Zana

        With everything that is being revealed now in court, isn’t it getting obvious to the judge how ludicrous the Church’s logic is? And how they are mis-using the legal system? and that that’s their MO?

        • Cat Daddy

          I’s obvious to him but he must not be seen to be “biased”

          • Zana

            Thank you.

        • Poison Ivy

          I would hope so, but he can’t follow his feelings, even if they are outrage. He has to follow the law first.

  • El_Jeffe

    Goliath: Don’t mess with me kid! I’ll unleash an Anti-SLAPP suit on you in a heartbeat!

    • El_Jeffe

      Tried to put an image of David & Goliath but it didn’t work. So much for Disqus pasting!

      • ThetaBara

        You mean these guys?

        • Observer

          “Gee, Davey … please don’t use auditing process R2-45 on me!”

          • Guest

            “Touch that wall, Goliath. Thank you.
            Roll over and play dead. Thank you.”

        • El_Jeffe

          LOL! Close enough!

  • KJP in Portland

    O/T: As a never-in, I am appalled, surprised, astonished and embarrassed at the number of posters here that are just petrified by scientology, that how much scientology has instilled fear into them, by how mind-fucked they still are by a paper-tiger organization whos only power is ‘controlling’ them…

    It’s 2013, they are a very toothless entity to go after NEW people. I don’t think they can replicate what they did to people, even 7-10 years ago. Stop spreading your fear…

    There is nothing to fear from them. If someone follows you (in this state) you can call the police and they get busted for some form of harassment or stalking. Oregon’s restraining orders have TEETH, they aint gonna pull their ‘come after you’ nonsense in this state, or the country of Portland.

    Yes, you may have PTSD from these bastards, but stop spreading the weak-knee lilly-liver sickness around. You’re giving this like a horror-movie mentality and instilling fear in new people for no reason.

    • TheHoleDoesNotExist

      You are the Only one saying this.

      • Jeb Burton

        Couldnt agree more. “Dont take council of your fears”. George S. Patton.

    • Interested

      New people being drawn into the cult should be fearful. The culty has not changed, they will still destroy people’s souls. They are still a tiger with sharp claws, and can still kill with a swipe. Not a paper tiger at all. (Just my personal opinion)

    • NOLAGirl

      I’m just going to jump in here and say that I’ve never felt that anyone here was making me feel fear of Co$, I think I kind of had that before I came here…not so much of what they could/would do to me as a “never-in”, but more for what the people who are or are going to suffer at their hand.

      KJP you’re certainly entitled to your opinion, and I agree with and enjoy what you post here.

      I just want everyone here to get along, it’s my thinking that “haters” of this site would enjoy seeing us argue too much.

      Just my opinion…please carry on. 🙂

      • AsthmaticDwarf

        Well put, nGirl- at the same time, when a point as evident as the ‘caution’ one must still be aware may be necessary for one’s well being, it remains important to inform each other here, of the reality of the power still existing. This is not a toothless or paper tiger, $cientology Inc. There’s million$ upon million$ of dollars available for lawyers and PI’s and dirty deeds globally. It’s just a reality check, nGirl, is all.

    • stillgrace2

      KJP, and I’m saying this with affection, did you ever get that cup of coffee today?

    • Observer

      I have to disagree with you, KJP. Scientology may not go after every critic now like they used to because of our sheer numbers, but the ones who are targeted are subjected to horrific kinds of harassment. What I see here are people being sensibly cautious. I, for instance, have tightened up my privacy settings everywhere I go on the internet after Marc Headley told us how upset Davey gets when he’s shooped. Do I think DM’s going to find out who I am and go after me? Very unlikely, but with that bunch of amoral jerks it’s best to tread carefully.

      When I started watching Scientology back in the 80s the “church” was going after everyone who spoke against it and doing unbelievably awful things. Scn worked hard to build its vindictive reputation over the course of its repulsive existence, and they lived up to that reputation. It’s only been in the last 5 years or so that they’ve lost control (thanks, Anonymous!). Most of the exes here spent years, decades even, under Tiny Dave’s Reign of Terror, and you don’t get over something like that overnight. It took me more than 10 years after I left my abusive home to overcome the instinctive reactions I had to certain people and situations. This is no different.

      • AsthmaticDwarf

        And to this day, OSA has hundreds and hundreds of OSA staff and subcontractors, private investigators by the hundreds, all over the world, and programmers inventing ‘snoop bots’ to hunt over the Internet; and instructions from Dave and Ron and 50 years of history saying, Find something on our enemies and bring them down, at the least to discourage them; if female, send a dildo to their boss with a salacious note. There’s some serious shit going on, KJP.

      • Elen

        Thank you Observer for articulating this so beautifully & clearly. I only recently began posting, & I am having second thoughts. Some days feel more free than others!

      • KJP in Portland

        I dunno, I guess I need more coffee or I got sick and agitated too much. I just tire of seeing people all over society buckle on various different issues.

        I’ll just take a break for a while. I haven’t had a very good last few days here.

        • Observer

          Yeah, I have to avoid the Bunker if I’m having a bad day, because it all seems even worse than it is. Unless it’s inspired a shoop, and then I pour all my crabbiness into that, haha.

          • Snippy_X

            BTW, that LRH carne shoop was killer. It’s my all time fav!

            • Observer

              Thanks! But the concept was all Captain Howdy’s.

            • Snippy_X

              Fine teamwork then. Adding a good snake oil to the devil’s potion was long overdue.

          • Jo

            Must learn how to photoshop, could do with an outlet for my crabbiness. Would make the hubby happier.

        • stillgrace2

          Sinus infections and the headaches that come with them are the worst! Take care of yourself and be well soon.

        • Snippy_X

          There is only so much tragedy one can absorb in a day and there does seem to be more than any one person can deal with. So goes the saying, we do what we can.

        • Jimmy Threetimes

          It may be good for you to spend some time enjoying the natural beauty of the country of Portland.

        • Casabeca

          I will be back on west coast time in a few, see you on the night shift of the Bunker ;-).

        • Miss Tia

          I’m sorry you haven’t had a very good last few days! ((HUGS))

        • sugarplumfairy

          Hope you feel better when you wake up, KJP..

      • Snippy_X

        They are fighting their war on many fronts right now, but they do not change the way they fight. I would lean the other way and say that any group that de-humanizes their enemy (wogs) and finds themselves cornered like a rat is capable of anything. They have the track record to suggest they will do “whatever it takes” to KSW.

    • Guest

      This is an organization that follows Claire Headley to the zoo with her children and photographs them while playing. This is an organization that follows people through credit card records and GPS devices planted on their vehicles. This is an organization that lies to the police to have people like Mark Bunker harassed and forced off private property in May of this year, in downtown Portland, with the cooperation of the Portland police department, simply because he has a video camera.

      Everyone who posts here and has experienced traumatic experiences from the hand of the C o S has the right to share those experiences here. They don’t do it to scare others; they do it to inform people about the horrific ways that the C o S treats people. It needs to be said and it needs to be documented.

      Please don’t criticize those who are brave enough to share their painful and very personal experiences. The truth needs to be known -no matter how disturbing it is – it needs to be known.

      • AsthmaticDwarf

        Thank you, Guest.

      • Casabeca

        Why did disqus let me up vote you without fixing my down vote? Visiting family out in the country, using tiny ph screen, sorry

        • Observer

          I don’t see a downvote

          • Casabeca

            I just did not want to cause any fuss with big thumbs and sloow net ;).

        • Jimmy Threetimes

          Up/down votes are displayed on the client-side application before they’re accepted by the server. That’s why you can up vote yourself, refresh and see that it never counted.

          • Bury_The_Nuts

            Jimmy…off topic…you mentioned something to me that I think you should suggest to ReneeG or ThetaBara when you have some free time….re:iRC.

    • ThetaBara

      I’m not afraid of them.
      But I’m also not about to make it easy for them to hassle me.
      Since we know that is what they do (and, apparently, they consider it some sort of religious rite or something).

      • Miss Tia

        I’m not afraid of them either, but even though I use my real name, have my address public, etc I’m not being an idiot. (Well a bigger one than usual 🙂

        • ThetaBara

          Miss Tia, you are super awesome and very brave. I admire you like whoa!

          • Miss Tia

            Aw, thank you so much TB!! You know I feel the same about you too!! ((HUGS))

    • sugarplumfairy

      I’m afraid of them.. You know why? Cause they’re evil and I’m not stupid..

    • L. C. Spencer

      “weak-knee lilly-liver sickness”

      Excuse me? Fuck that shit. Shame on anyone who attempts to shame those who know what it’s like to deal with them up close. You realize that you’re posting this in response to an article about how they’re now even going after the people conducting this lawsuit?

    • Cat Daddy

      You would make an excellent Scientology Excecutive

  • Ruby

    I wonder if Judge Waldrip chats about any of this with his wife. If so, I would love to hear those conversations. 🙂

    • KJP in Portland

      Oh hell yeah, I bet he’s talked all the way up to Gov. Perry about this!

    • ThetaBara

      I was raised by lawyers, and the dinner table conversation was often fascinating!

  • indie8million

    Watching the judges body English when presented with the motion. Here’s what I found out about it:

    “hand supporting chin or side of face
    hands / chin, face
    evaluation: tiredness or boredom
    Usually the forearm is vertical from
    the supporting elbow on a table. People who display this signal are commonly
    assessing or evaluating next actions, options, or reactions to something or
    someone. If the resting is heavier and more prolonged, and the gaze is
    unfocused or averted, then tiredness or boredom is a more likely cause. A
    lighter resting contact is more likely to be evaluation, as is lightly resting
    the chin on the knuckles.”

    To me, the judge looked incredulous. “What now?”

    Lawyer was condescending. “I’m not sure how many “Anti-Slapp” cases you’ve…”

    On the other hand, fascinating that “Slappy” Miscavige pulls an Anti-Slapp case. Isn’t that the pot calling the kettle black?

    • Snippy_X

      or maybe he was trying to not laugh out loud.

      • indie8million

        I kinda got that vibe too, Snippy X

    • Noni Mause

      I wonder if the Rathbuns can slap an anti SLAPP on the cult because of their anti SLAPP motion!

      • indie8million

        That’s a whole lotta slappin’ going on.

        Speaking of anti-bullying, the one on the right is Mosey and on the left is David Missy, trying to bully her. Look what she does when she’s had enough! LOL! http://www.youtube.com/watch?v=_yu8H8Kcbkg

    • Interested

      Looking at it again, he was trying not to show an expression, by covering his mouth, he was probably stifling a grin at the absurdity of the new argument .

      • BigMcLargeHuge

        Probably more like a grimace. This will be a giant pain in the ass to deal with.

        • Lisa

          My take is that it will get tossed out immediately, since it violates the purpose of the law

    • Lisa

      It looked to me like he was trying to cover a derisive smile

      • Snippy_X

        That’s what I saw.

    • Captain Howdy

      I thought that Cedillo was being very condescending and passive aggressive with Judge Waldrip. At one point it sounded like Cedillo was telling the judge the most efficient way to review the evidence.

      I would have charged him with contempt!

      • stillgrace2

        I agree. The word that came to my mind was “supercilious”. “Snotty” was a close second.

        • Cat Daddy

          maybe to piss him of on purpose to goad him into a reaction, some clever form of bull baiting

        • pronoia

          i was thinking smug and smarmey. i doubt that we will ever see him in Waldrips court again. He will be far too busy with jury trials in other states. speaking of which, I saw that comment as a threat. You let this case go forward to a jury, you may have to live with me.

          My fear is that this judges ruin may be his innate laziness. check out his twitter account.

          • stillgrace2

            I confess that I didn’t get your last sentence. Maybe I missed something earlier, but how does his twitter account indicate his innate laziness?

            I looked at what I think is his twitter account, and I noticed he doesn’t tweet much. But that doesn’t mean he’s lazy; maybe he’s been busy. Again, maybe I missed other information.

          • Hyperion

            WTF, he was raised on a farm and started chores before sunrise

      • nottrue

        Calling the Anti Slapp order a GIFT TO THE COURT . Then saying it would be good reading while watching a Cowboys game WTF

        • NOLAGirl

          I nearly choked when I heard him say he “came bearing gifts”!!! That Judge had to be thinking “you smart-ass son of a bitch”

          Never a good idea to irritate or condescend to a Judge.

          • nottrue

            I thought he had a cake in that box

            • NOLAGirl

              Bahahahahaha!!!!!! He should have had cake, it would have went over better than that load of bull turds he brought up to the bench.

            • Observer

              nottrue, I’ve gotta tell you, the combination of what you say + the way you say it + your avatar absolutely cracks me up (except when you’re being serious). I love your posts.

            • nottrue

              your posts are the greatest.

            • Bury_The_Nuts

              Correction: there was Caek in that box.

            • Hyperion

              Was just about to note the spelling, thanks

            • stillgrace2

              Yay! Are you back? Or sneaking in a quick comment?

            • Bury_The_Nuts

              Sneaking while Mr. nuts is stuck on Football.

            • Captain Howdy

              I see you.

            • Bury_The_Nuts

              U R Evil!
              😉

            • Captain Howdy

              Moi?

            • Bury_The_Nuts

              Gah…you just restimed all of my jack in the box engrams from my childhood.
              Need drugs now!

            • Aslansown

              hahaha! Nice to see you (whispering).

            • Espiando

              And the caek, like everything the Scilon attorneys say in this case, is a lie.

            • Hyperion

              (image post)

          • KJP in Portland

            I think Judge Waldrip realized after the hearing how condescending that Cedillo guy was, and is ready to come right down on Cedillo at the next hearing. I don’t think Waldrip realized that until later on. Cedillo better watch his mouth next time or the nice Judge Waldrip might give him 7 days in the nice Comal County Jail for contempt. They have another Bubba there too.

          • Guest

            Not gifts like the Wise Men. More like WISE Guys.

      • indie8million

        I woulda “SLAPP-ed” him. 😉

        Smarmy.

    • Sydjazz

      Slappy miscavige

  • Snippy_X

    I think we need more Anti-SLAPPY motions. Good move Scientology.

  • Kevin Tighe

    Why didn’t RTC take action against CSI for funding the squirrel busters who were clearly violating Scientology’s very first policy?

    • Lisa

      Because the CSI president is in The Hole?

    • KJP in Portland

      He left out oak trees

      • Observer

        Okay, that made me laugh!

      • Poison Ivy

        May they rest in peace.

        • Guest

          And pieces.

          (………….runs away before Poison Ivy groans.)

  • Bea

    Having glanced through the attachments it strikes me that it takes 38 pages to establish something that was never in dispute anyway! the right of the squirrel busters freedom to protest on public property. They then spend a whole lot of time establishing that as Mosey is married to Marty that makes her a public figure by association. However, there are only two pages addressing the issue of the invasion of privacy at her new home and they then have the cheek to say they were only spying on Marty!

    It also causes Marty of encouraging theft, yet when you read the appendix exhibit he is quoted as encouraging people to provide evidence of criminal activity – hardly the same thing, surely.

    I am sure the judge knows that the “anti-Slappy church” is a vexatious litigant e.g “extraordinary, malicious, wanton and oppressive conduct”, “it is abundantly clear that plaintiffs sought to harass the individual defendants and destroy the church defendants through massive over litigation and other highly questionable litigation tactics. (RTC v. Robin Scott, US District Court, Central District of California, 20 Jan 1993).

    Isn’t it about time to curtail the cult’s access to court!

    • Lisa

      Scientology is one of the examples of a vexatious litigant on Wikipedia

      • Casabeca

        And that is not hearsay!