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04/09/14 Austin Appeals Court Hearing regarding DM's Deposition Order

Discussion in 'Monique Rathbun' started by Lone Star, Apr 9, 2014.

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  1. Mimsey Borogrove

    Mimsey Borogrove Crusader

    and when that fails - the supreme court in DC? Mimsey
     
  2. secretiveoldfag

    secretiveoldfag Silver Meritorious Patron

  3. JBWriter

    JBWriter Happy Sapien

    From what I've read/researched on online legal sites and other free, public sources, in order to get to the US Supreme Court, TeamDM+RTC would first have to file in Federal court. To do that, they would have to show that the three State courts (Waldrip, TX 3rd Circuit Appeals Court, and TX Supreme Court) ruled in such a way as to be in conflict with Federal law(s).
    Not an easy task, to be sure.

    If TeamDM+RTC did manage to get their case into Federal court, and that Federal Court also ruled against them, the odds of the US Supreme Court actually accepting TeamDM+RTC's Federal appeal are miniscule.

    Judge Waldrip's Order, which merely directs DM to submit to a severely limited deposition, simply doesn't appear to pose any unsettled or burning legal question(s)/issue(s). That is, there are TONS of published court opinions (<---Texas and Federal @ the 5th Circuit) which have firmly/fairly settled the jurisdictional boundaries of a trial court judge's authority.
    Did Judge Waldrip's Order go beyond those boundaries? The answer is no, if the published court opinions on this very topic are carefully reviewed/considered.

    Let's see what the Texas 3rd Circuit says...and which published opinions they base their ruling upon. :)

    JB
     
  4. Type4_PTS

    Type4_PTS Diamond Invictus SP

    While what you're saying may be absolutely true, and CoS would be well aware that it IS true, these appeals will serve an important purpose from their point of view. It will kill some time going through all the appeals. LOTS of time. And I suspect that that's the true purpose of these appeals.

    As far as DM submitting to a full deposition, I doubt that that will ever happen in this case. IMO, Miscavige will do whatever it takes to settle this case before submitting to a full deposition. There's just too many inconvenient questions that the opposing attorneys may wish to ask him.
     
    Last edited: Jun 9, 2014
  5. JBWriter

    JBWriter Happy Sapien

    QFT. :clap:

    Agree completely as to the true motivation of any + all appeals in this, and every other scientology/scientology-related civil legal case:

    delay-delay-delay...until it's time to pay. (<---Then lie and claim 'total victory' to all remaining scio-adherents.)

    It's immediately understandable after reading DMs 1990 deposition responses why he'd fight so vociferously to avoid the process in 2014, but it leaves me to wonder why the 1990 deposition ever happened in the first place. It doesn't appear, from what I've been able to find online, that the 1990 attorneys put up much of a fight.

    Anyway, one thing is certain: there is a direct correlation between how frightened DM is of being deposed and the dollar amount TeamRTC+DM and/or TeamCSI&Co will offer to settle this case. Me? I think that dollar amount increases with each court ruling that upholds Judge Waldrip's original Order.

    JB <-----Feeling uncharacteristically speculative today. Must be 'cause there's a yummy caek baking in the oven. :coolwink:
     
  6. HelluvaHoax!

    HelluvaHoax! Platinum Meritorious Sponsor with bells on


    HellYeah.

    If the Sea Org wore uniforms with swastikas, goose stepped around and ranted about conquering the world, by mentioning the obvious comparison to Nazis, someone would try to dismiss it because of "Godwin's Law". So, f*ck Godwin's Law because I am about to mention a little something to do with David Miscavige and the final tally of millions that he ultimately will agree to pay the Rathbuns. . .

    If Adolph Hitler had not causatively shed his encumbrance and was sued by Jews, post WWII, it wouldn't really make any difference to him how much he had to pay them to settle. Because, if he didn't want to use his liquid cash to make payment, he could simply sell or borrow $10-20M or so against the billions in priceless art treasures, jewelry and other personal assets he had previously stolen from Jews.

    Thus it is with the thug emperor of Scientology. None of his own personal money/assets are ever at risk in any of the lawsuits filed. He simply and immediately can solve any case by just telling one of his junior thugs to write a check--with the money he previously stole or coerced from defrauded/terrorized Scientologists.

    But, Miscavige is such a sociopathic bully that he doesn't want to make it look too easy, so he drags these things out at the cost of tens of millions of dollar of legal fees, in order to exact just a bit more sadistic pleasure from trying to see if he can cause others enough pain, suffering and financial ruin to cave in and go away.

    Yeah, I can see where Scientology is the game where everyone wins. When you are Hubbard or Miscavige, you are everyone.
     
    Last edited: Jun 9, 2014
  7. secretiveoldfag

    secretiveoldfag Silver Meritorious Patron

    I see what Hoaxie is saying but wonder if DM distinguishes between what are his private assets and what you might loosely describe as charitable funds. Does anyone else have any authority to sign cheques?
     
  8. HelluvaHoax!

    HelluvaHoax! Platinum Meritorious Sponsor with bells on


    Aside from typical Errors & Omissions insurance, it is not unusual for corporate entities to indemnify officers, directors or others operating in senior fiduciary capacities from liability pursuant to litigation.

    Considering that the thug Emperor of Scientology has been reaping personal financial windfalls beginning in the 80's from his controlling positions in the for-profit corporation Author Services (and other money management functions with Sea Org reserves, et al), it is safe to assume that Miscavige has secured his retirement nest egg long ago.

    Add to that the fact that he has had several decades to build layers upon layers of corporate veils, lawyers acting as trustees and a Byzantine network of off shore entities/accounts taking "management fees" for the financial administration of over a billion dollars of cash reserves. It would not be surprising in the least if he had aggregated $30M-$50M under his personal control. And even less surprising would be the continuing money management fee arrangement that would continue even if he were to be removed from his pope post.

    Anyone seeking to unravel such intentionally obfuscating international shell games, with their correspondent jurisdictional protections of straw trustees that are effectively alter-ego puppets of Miscavige (exactly as he perpetrates within the RTC, COS, IAS and other affiliated entity-gumbo cloaking schemes) would expect a decade or longer exercise in frustration while the funds filtered out to even more unreachable complexities. Even if successful (probably though the agency of government prosecution) the thug emperor could quite easily and discreetly skim off an additional $50-100M for for himself before "settling" the matter by surrendering over a billion in cash.

    Short of criminal prosecution (relying on the vast resources of federal agencies/prosecutors) it is extremely likely that Miscavige would walk away with a personal fortune--just not held in his name personally, but what's the difference whether you OWN a car or LEASE a car if you can drive anywhere you want?

    But all is not lost. There are beautiful victories ahead for homo sapiens, no matter what the thug emperor does. If he stays in power he continues to "obliterate the enemy" (Scientologists, lol) by driving anyone with half a brain to blow. And, if he leaves his position of power, that too would drive the majority of remaining true-believers out of the COS because they (being "true believers") would, um, believe the SP DECLARE that the COS would issue on Miscavige. Either way, the COS is reduced to rubble and a few morons-with-meters who are not able to "duplicate" the news that their beloved Church of Scientology lies in ruin.

    Is all this just wishful thinking? No. How do we know this? Because all evil hoaxes eventually run their course before people catch on and the defections and insurrections go viral. I think the last few years of top execs/parishioners/celebrities blowing (and the burgeoning number multi-faceted legal and PR attacks that Scientology is besieged by) is ample early stage proof that the anti-cult virus is robustly reproducing and propagating.

    For anyone needing some additional "mass" on how the end of Scientology looks with time-lapse enhancement, here it is.

    ps: The real OTs in this video (able to as-is the slimy cold-blooded predatory lizard) are Homo Antus. Enjoy! :hattip:



    [video=youtube;R3Mt2E1M6dU]http://www.youtube.com/watch?v=R3Mt2E1M6dU&amp;list=PL0D47099A05D3620E[/video]
     
  9. secretiveoldfag

    secretiveoldfag Silver Meritorious Patron

    I knew I should not have clicked on that video, I KNEW but I clicked just the same.