Jan 8th Rathbun Hearing

[Type4_PTS]

I found out today that Texas' SLAPP law is modeled on California's law which has been in existence for much longer. The Texas legislature passed this California piece of shit in 2011.

It is totally ludicrous and it is becoming more apparent to me that it's one of those laws sold as a "help" to the little guy, but in reality royally screws the little guy.

The need for the anti-SLAPP legislation was real because big corporations (such as CoS) have abused the First Amendment rights of others who are speaking out against them. (using lawsuits to crush the First Amendment Rights of others)

IANAL, but the problem imo is that the legislation is written in such a way that there is nothing within it that prevents large bully like entities (like CoS) to use the law in the exact opposite manner as it was supposedly intended. (CoS is not the first to use it in this way)

I got this impression when reading a discussion amongst some attorneys over at the Bunker some months ago when the anti-SLAPP laws were being discussed. (it was in the comments section under one of the blog postings by Tony)

 

[Lone Star]

Or:
If Marty is getting money for "Scientology services" than this is clearly a "business" and not a religion => no first amendment right. I like to read the Co$-argumentation against this in the appeal.....

Exactly!!! I had that same thought! Cedillo even called the Rathbun's home a "place of business".

In fact here's a direct quote: "The Rathbuns forfeited their privacy by conducting the business of delivering Scientology services in their home".

 

[Lermanet_com]

Yep, and it looks like recently retired Chief Justice of the Texas Supreme Court, now shill for Scientology Inc., Wallace Jefferson, is seated to the far side.

Tactics don't seem to have changed much over the decades.

Legal declaration by Judge M. Ideman of the United States District Court, regarding Scientology Inc. courtroom tactics, dated 21 June, 1993:

"[Scientology Inc.] has undertaken a massive campaign of filing every conceivable motion (and some inconceivable) to disguise the true issue of these... proceedings. Apparently viewing litigation as a war, [Scientology Inc.] by this tactic have had the effect of massively increasing costs of the other parties... Yet it is almost all puffery - motions without merit or substance."

His facial expression seems to say, wtf have I stepped in, in a glassy eyed, hypnotized sort of way....

 

[Lone Star]

Cedillo went all-out in claiming free speech protection for the activities of the Squirrel Busters and private investigators. Ironic, huh?

But, this is where my pessimism really kicks in. There's a lot of case law supporting "outrageous" free speech. He cited Snyder v. Phelps U.S.. If I understood correctly this was the case of the Westboro Baptist Church protesting the funerals of slain servicemen and women with "God Hates Fags" signs. The Supreme Court did rule that was free speech.

He also cited cases in which Operation Rescue won the right to protest abortion clinics as long as they were on public property.

 

[Lone Star]

His facial expression seems to say, wtf have I stepped in, in a glassy eyed, hypnotized sort of way....

That picture wasn't taken today. That is some kind of board room. It's not the court room.

Plus he wasn't wearing that suit.

 

[Lurker Eva]

Exactly!!! I had that same thought! Cedillo even called the Rathbun's home a "place of business".

In fact here's a direct quote: "The Rathbuns forfeited their privacy by conducting the business of delivering Scientology services in their home".

O my, this is worth not going to bed, when I need to.

 

[Lermanet_com]

Okay, one of Cedillo's main goals was to prove that the CoS had the first amendment right to "protest" the Rathbuns for being a "threat" to their religion.

As I posted from the courtroom he brought up several issues regarding Marty and used his own videos and blog as evidence.

One was Marty's call to CoS and SO staff members to quit the church and "steal" documents and discs. He referenced the Daniel Montalvo situation and showed a picture of Montalvo with Mosey in it with him.

Another was a video in which he and Mike Rinder were discussing the necessity of "busting the CoS's copyrights".

Showed Marty's blog write up regarding his "Course in graduating from Scientology" and his quote saying that "DM has killed the Scientology religion.

Cedillo talked about how Marty offered Scientology services at his home for donations/money. This really got Judge Waldrip's attention and he asked Cedillo to repeat that. I don't think he knew this before today. Needless to say during this part of the presentation I think Cedillo was very effective.

He was building a case that Marty was a genuine threat to the CoS, so therefore they had the right to protest him and even watch his home/place of delivery to see which "of their members he was recruiting".

Interesting, Earl Cooley tried very hard to allege that I was in possession of the OT III rubbish because I wanted to sell scientology services.... I never understood that at the time, thanks for this..

 

[dchoiceisalwaysrs]

The issue here is not the client or the lawyer, but the former judge taking a client within days of stepping down. That smells.

Plus in my opinion other factors such as this case before the TEXAS state judicial started Aug 16th? which has by scientology historical record has a potential to rise to the Supreme court. Stepping down subsequent to that commencement theoretically remove him from having to rule against the cult and opens all sorts of possibilities more profitable. Of course I don't have a clue as to what the actual plans were as I was not asked for advice. LOL.

About all I can say with a lot of certainty is direct association with aiding a criminal cult has huge potential pitfalls as is already evident in the questions being raised in the current media coverage.

 

[Lone Star]

Cedillo also showed the videos in which Marty lost his cool both at home and elsewhere. The ones in which he hosed down the Squirrel Busters with water, spit on one of them, knocked a hat off leaving three deep scratches on a guy's forehead, knocking cameras out of hands, throwing a camera, slamming a guy's arm in a car door at the airport, etc....

Of course he was trying to show that the SBs were "peacefully protesting" as per their first amendment rights, while Marty got abusive and Mosey was a party to it by videoing it and giving moral support. Yada, yada, yada....

I must add regarding all of the videos....none of them were entered into the record. Ray objected to all of them and the deal was that they wouldn't be entered into the official record, which means the recorder didn't dictate the audio of them. Plus the Judge did refuse to watch some of them, thus fully granting some of Ray's objections.

 

[uncover]

He cited Snyder v. Phelps U.S.. If I understood correctly this was the case of the Westboro Baptist Church protesting the funerals of slain servicemen and women with "God Hates Fags" signs. The Supreme Court did rule that was free speech.

He also cited cases in which Operation Rescue won the right to protest abortion clinics as long as they were on public property.

A cemetery is a public place and the funeral is only a single event - not 200 times harassing people in front of their private house. The last is clearly stalking.

BTW, obviously is this the proper way to deal with such protesters silently and peacefully:

 

[dchoiceisalwaysrs]

The Judge reluctantly watched a few videos, but then declined to watch the one that Cedillo really, really wanted him to watch.

Would that go under the advertising and lobbying the justice system or under the legal costs column of the financial books. Not that it matters I suppose, but maybe that is what Yingling was typing away to the IRS about. I would say it is proportionate and therefore the IRS agreement is due for further monitoring.

 

[Lermanet_com]

In many ways, as the years have passed even the ability to "blackmail" others has diminished as a useful tool for the Cof$.

Nowadays who but John Travolta (and perhaps his wife) really gives a crap if John Travolta is gay, straight, or bi?

Straight extramarital affairs? Pshawww! Even gay extramarital affairs have been outed - well, I guess technically tapping one's foot in a men's room stall is not an affair, is it? But the dude stayed in office with his wife at his side.

A straight male employing hookers? We've been there, done that. (Elliot Spitzer and others) A straight male judge engaging in a sexual affair with a court employee? The judge in the Casey Anthony murder trial in Florida. Had had an affair. Admitted to it. Didn't seem to hurt his career. He acknowledged the affair once again in a newspaper interview just prior to the beginning of that infamous trial.

So unless someone has been torturing people (wonder who has been doing anything even close to that?) or killing people (and there has been plenty of speculation about this subject in regard to the DEFENDANTS in this case), I think the ability of Cof$ and/or OSA to blackmail Judge Waldrip is not very likely.

Good points....

FWIW I got a telephone call two weeks ago from a guy, said he was ex-GO.... who said that $cientology planned to cut off the heads of two beautiful (said the name but forgot the breed, Alsance?) pet dogs that belonged to the founder of The Process Church (Which is $cientology stuff with satanic connections in-the-open ) in Boston, and they were going to put them in the front yard on poles. He said this....

I'm not sure if he was being helpful or delivering a covert threat... cause I also have an attractive dog.

arnie lerma

 

[Lermanet_com]

If you can't tell yet I'm not feeling to good about today's hearing. I'm frustrated, pissed, and somewhat pessimistic. I still need to unwind some more before I can get into the "whys" and "wherefores", and see if I can relate Cedillo's presentation in a clear manner.

The good news is that usually when I'm pessimistic I turn out to be wrong.

Litigation is emotionally like a drive down a country road, on ocassion you hit a bump.

 

[The Sloth]

From the TO blog:

Lamont Jefferson represents David Miscavige and RTC, the entity that Miscavige is the chairman of. It’s been their contention that the court has no jurisdiction over Miscavige and RTC because they are separate from the Church of Scientology International, which has admitted to doing the surveillance.
(Former church officials assure us that this is just a legal tactic, and Miscavige actually runs all of Scientology through the Sea Org.)
Anyway, Lamont Jefferson began objecting to the request for photographs, but then Waldrip interrupted him.
Waldrip: What I don’t understand is why RTC is making objections in a court that they say has no jurisdiction over them.

KaZAAAM!!
Nick says Lamont fumbled out an answer, saying something about his client having a vested interest in the photos.
“So Waldrip said it looks like the jurisdictional and First Amendment issues seem to be overlapping, so you better get your client ready to be deposed next week then.”
BOOOM!!
Then Lamont backed off. “No, I’m just talking about the photos,” Jefferson said, perhaps understanding that once again he’d walked into a trap of his own making.

IANAL, but there a couple of points to make in the rebuttal:
1) Marty never SOLD anything. His deal was always, come to the Casa, and pay what you think it is worth. Unlike the CoS, which now will not even issue refunds, even though LRH Policy specifically says to.
2) The people visiting the Casa were either already ex-communicated, or on the way to it. Miscavologists even stopped broadly issuing SP declares.


Me thinks this is not going to end well for RTC. I think this judge's BS meter is red-lining.

 

[Lone Star]

Many of you probably know from Tony's blog that Joe Childs was there today. For some reason he told me not to report that fact here, and yet it was reported on Tony's blog. So its Fair Game! LOL!!!

Anyway, I really look forward to his article on today's hearing. I'm betting it'll be great!

I'm sure Nick Rodger's musings are good. I haven't had a chance to go over there and check them out yet at the Bunker. I'm sure he noted some vital information that I missed. He's more "hatted" on this reporter thing.

Mike Bennit was allowed to film about the first 45 minutes of the hearing I think. That should be posted soon, if it isn't already. And they were eventful 45 minutes too. Get the popcorn when you watch it!

 

[dchoiceisalwaysrs]

If you can't tell yet I'm not feeling to good about today's hearing. I'm frustrated, pissed, and somewhat pessimistic. I still need to unwind some more before I can get into the "whys" and "wherefores", and see if I can relate Cedillo's presentation in a clear manner.

The good news is that usually when I'm pessimistic I turn out to be wrong.

Well nothing wrong feeling that way when you see attempts at miscarriage of justice. Optimistically, I hope those attempts will fail.

I'd say your heart and mind and efforts are all honorable and appreciated. Thanks.

 

[Lone Star]

I'm feeling much better now!!! I just read over at Tony's what happened after I left, and it looks like the longer the day went into evening the more the defendant attorneys fired footbullets!! LOL......

Wow Lamont! I thought you's a better lawyer than that homey!! Beautiful!!

See, I told you when I'm pessimistic I usually end up being wrong!

The Judge is clearly sick of their shit!!!!

 

[dchoiceisalwaysrs]

He was building a case that Marty was a genuine threat to the CoS, so therefore they had the right to protest him and even watch his home/place of delivery to see which "of their members he was recruiting".

Or:
If Marty is getting money for "Scientology services" than this is clearly a "business" and not a religion => no first amendment right. I like to read the Co$-argumentation against this in the appeal.....

But wait...hold on...just a minute...DM doesn't have any business in Texas(unless I am not understanding what has been claimed before.....so how could he be asking Texas law protection of his NON-existant business there? Whaaaaaaaa judge please..marty was trying to take away all my profits from my business in Texas so I had to harass his wife. Ohhhhhhhh Lord, I am just a poor boy chasing the good,money please don't let me be misunderstood.

 

[oneonewasaracecar]

Apparently there really was a mistake with Ray's attachment to this motion for continuance. It can be quickly fixed though.

Mike Bennit is taping this BTW.

He got a helicopter into the courtroom?

I'm impressed.

 

[Free to shine]

I'm feeling much better now!!! I just read over at Tony's what happened after I left, and it looks like the longer the day went into evening the more the defendant attorneys fired footbullets!! LOL......

Wow Lamont! I thought you's a better lawyer than that homey!! Beautiful!!

See, I told you when I'm pessimistic I usually end up being wrong!

The Judge is clearly sick of their shit!!!!

There are still 99 guests on this thread. Obviously many people are interested and following this milestone case.
Thanks Lone Star, and Tony and all who are keeping us informed!