Many readers here also follow Tony Ortega’s blog and will therefore know that at a court hearing in Los Angeles this morning, LA Superior Court Judge Richard Burdge Jr. agreed with scientology that Valerie Haney has no right to a trial before a jury of her peers, but instead must submit to scientology “religious arbitration.”
I have no other information or insight into this hearing than what is available on Ortega’s site.
But I do have information of relevance and opinions to offer on the subject.
Judge Burdge is not the first to fall for the scientology ruse, and I am sure that once an Appeals Court reviews the facts, this decision will be overturned for any number of reasons.
First, some observations about courts generally. Judges are overloaded with cases and LA Superior Court is not only not an exception but perhaps a model of all that is wrong with the judicial system in this country. Spend any time in this court and you will know what a thankless, sisyphean task it is to preside in one of those courtrooms. To relieve their loads, Judges jump at any opportunity to move a case out from underneath them. They encourage settlements, mediation and arbitration whenever possible. And when there is a “contract” that calls for arbitration it is the easiest thing in the world for them to grant the request. In theory arbitration is a great solution for courts — it affords litigants a cheaper, easier way of having their dispute decided. Also in theory contracts are binding as courts don’t want every contract to be litigated. Lots of precedent exists on both these points — and in particular once someone has agreed to arbitration it is very unusual for this to be overturned by a court. The system favors disputes going to arbitration. This word is the key, because arbitration in the minds of courts is a very precise thing: a shortened form of legal procedure usually presided over by retired judges who are IMPARTIAL decision makers who the parties agree will make a final determination of their dispute. It’s like an alternative private court system. (See the website for the American Arbitration Association)
Secondly, based on many, many years of experience, being appointed (or in some cases elected) as a Judge does not make you smarter than the average bear. In fact, many judges got a law degree and didn’t want to or couldn’t make it as lawyers. Ultimately the ones who are smarter and better tend to rise to Appellate Court level or to the Federal Court. I have absolutely no information concerning Judge Burdge’s intelligence or ability to see through bs. I only make this point because the word of a State Court judge is not the final word and is not always right.
And now my thoughts about scientology arbitration in particular based on my knowledge and experience.
The bottom line is that there is no such thing as scientology arbitration. It was a term invented by scientology’s in-house counsel to include in agreements designed to prevent civil litigation. Arbitration is not mentioned in any Hubbard policy letter anywhere. There is no prescribed procedure for “scientology arbitration.” When asked to describe the proceeding to Judge Whittemore in the Garcia case in Tampa Federal Court, scientology claimed that the “rules of a Committee of Evidence” apply to a “scientology religious arbitration.” In the history of scientology, there had never been a SINGLE arbitration carried out pursuant to the agreements they have people sign, so they conjured up something and told the Judge he had to accept it because it was their interpretation of their religious “scripture” and the plain language of it wasn’t to be read like normal English. Only scientology can understand and interpret the words of scientology. But they insist the court interpret and enforce the plain language of their “religious contract.”
Anyone familiar with scientology policy knows a Committee of Evidence is NOT an arbitration. Not even remotely. It is not conducted by an IMPARTIAL trier of facts. A “Convening Authority” from scientology must form it and then sign off on the findings which is contrary to any norm of arbitration as in fact the “Comm Ev” members are NOT the final say-so the “International Justice Chief” of scientology is — a full time, live-in employee of one of the litigants in the dispute. The “rules of evidence” in a Comm Ev are bizarre and you may not have an attorney present to represent you. In the Garcia matter they refused to accept any evidence the scientologists considered to be “entheta” (ie negative towards scientology). The number of “members” is not the norm for an arbitration panel. In a Comm Ev, like a criminal trial, one must be charged with “Crimes” or “High Crimes” in order to appear and the members are to determine your guilt or innocence on those specific charges brought by scientology. None of this is in keeping with the idea of impartial “arbitration.”
Scientology walked into court and said “Your honor you must enforce our agreement under secular law and the power of this court, but we don’t have to tell you what the agreement means or what we are going to do as you don’t have the power to even question us on it.” In other words, we want our cake and we are going to eat it too. And you don’t have any say in the matter.
Of course, the Garcia “religious arbitration” was a farce and the issues it raised are pending on appeal.
Now let’s go one step further and differentiate Valerie Haney’s case from the Garcia’s.
The Garcias signed “Enrollment Agreements” in order to participate in scientology services. For each service they paid for they signed a new agreement. They were asking for the money back that they had never used, just money “held on account” and so they never even TOOK the services the agreements say they cover. Nevertheless, one could argue that the “contracts” they signed all had direct connection to the money they paid and were asking to be returned. There are MANY more issues at stake in that litigation, but this is just for sake of argument.
Valerie Haney is very different. Her “contracts” were not for services but required as part of her job and are far more general and all-encompassing. She was not able to consult with anyone or step outside of scientology’s facilities to even question the contents of the agreements. And unlike the Garcia’s, the redress she is seeking is not limited to things that occurred when she was a scientologist. They include acts against her after she left. I believe it is a violation of HER First Amendment rights to be forced to submit to scientology procedures at this time. She is being forced to participate in religious activities that are NOT her chosen religion (whatever that may be, it is most certainly not scientology). Had the judge ruled that she was ordered to participate in independent arbitration — with a normal arbitration service presided over by an impartial retired judge — it would be one thing. To order her to submit to scientology procedures and practices when she has left and publicly denounced scientology is the epitome of excessive entanglement of courts in matters of religious choice. I do not know if the lawyers representing Valerie argued this or not. I believe it is inherently wrong for any court to take this step and that on this basis alone the decision will be overturned on appeal.
And let’s draw the analogy that begs to be drawn. If you worked for McDonalds and signed an employment contract with them that required you to take disputes to arbitration. You then leave McDonalds and they hire a PR firm to smear you online — something that is far outside the scope of any employee/employer relationship and occur after you terminate your employment — would any court require you to go back to a panel appointed by McDonald’s to determine whether you had been wronged? And that panel of McDonald’s people had been indoctrinated to believe that anyone speaking out against the workplace violations is a criminal, evil, a lost soul, likened to Hitler and must be “utterly destroyed.” But courts become befuddled when religion enters into the equation and scientology lawyers are practiced at the art of convincing courts they cannot ever question anything they do. It’s not “baffle them with bs” it’s “baffle with scientology bs.” Courts ruling for victims of scientology to participate in scientology’s arbitration is like a court ordering a concentration camp victim to go to a Nazi rally to plead their case. .
Scientology uses, and in some cases abuses, but definitely befuddles the legal system. They have made an art of it. When you have unlimited money to hire an unlimited numbers of high-priced attorneys to make every conceivable argument and fight every step of the way, it is bound to be a long, painful process. Scientology will make it a slog and they will win bits and pieces along the way. Remember Laura DeCrescenzo’s case — it went on for 9 years and at various points along the way scientology seemed to “win” just like they did today. They had her case dismissed on the basis that the Statute of Limitations had expired, and ultimately she prevailed with a precedent setting decision that is now broadly applicable law that helps everyone.
Ultimately, truth and right win out. Scientology banks on the fact that people with less money and resources will be worn down and give up. Those who have not caved in have all ultimately won. It is the never-say-die persistence that inevitably wins the day over throwing money at lawyers.
Legal professors and scholars and those interested in the rights of victims of abuse need to belly up to the bar and make their voices heard on this matter. Otherwise not only will victims of scientology abuse be denied their day in court, we will soon see every religious organization having their members sign crazy agreements requiring “religious arbitration on our terms and with our people” to protect themselves from any future liability no matter how outrageous their acts.
When I spoke to Valerie, she put it perfectly: “A judge asking me to engage in a religious arbitration with a religion I escaped from and am no longer part of is a far cry from anything I had expected from a rational court. I’m not going away. I am not going to be shut down or shut up. The battle has just begun. All this does it harden my resolve to bring an end to the abuses.”
Additional Thought and a Real Analogy:
I have been struggling to come up with an appropriate analogy for what has happened.
Scientology claims their non-existent arbitration procedure follows the policy of how to conduct a Committee of Evidence (Comm Ev). Unless you have been an “Interested Party” in a Comm Ev you have no idea how triggering participation in such a proceeding can be. And every Sea Org member has undergone this experience. I had so many I cannot count.
Comm Evs are horrendous Kangaroo Courts where you are charged with a list scientology crimes and expected to plead “Guilty” or “Not Guilty” to the things you are charged with. The members (jury) who are hand selected by the person who accuses you of the “crimes” (the “Convening Authority) walk in with the presumption you are guilty otherwise you would not have been charged with the crimes by the church authorities. You try to offer mitigating factors to lessen the punishment that will be assigned to you.
Scientology has prevailed by proclaiming courts cannot entangle themselves in their religious beliefs and practices and thus cannot make a determination of the value, veracity or appropriateness of their “procedure” for conducting an arbitration. The end result is the victim of their abuse is ordered by the court to participate in a scientology ritual.
Just think if there was a contract the Catholic church made their employees sign that included the remedy of “religious arbitration.” The Catholic church then said “our arbitration procedure is to perform an exorcism by a priest of our choosing and this will determine the outcome of all claims” — and asserted the court had no jurisdiction to determine whether this was a valid arbitration because it cannot pass judgment on their beliefs and practices. They say it’s arbitration and it’s how they do it, so that is the end of the discussion.
And then the court ordered a former catholic to undergo an exorcism in the guise of an “arbitration.” There would be a massive outcry.
Because people don’t understand scientology and that this is exactly what they are doing it’s “ho-hum.”
I think it’s time for some outrage.
Again, scientology seems to get a “pass” as they CLAIM they have an arbitration system and, as happens when they CLAIM to be a religion, the government can’t look into the facts of the matter to see that it’s a total sham designed solely to frustrate justice.
jere, by all the tests scamology IS a religion. Just not a nice and kind one. They have a belief system based on spirits, afterlife, reincarnation, an anti-Christ supreme leader, evil space aliens enslaving spirits, et al.
Wynski, I still don’t accept scientology actually being a religion except by twisting the term beyond all recognition. I got caught up in the great switch-over while I was on course in NY about ’74. Prime in my calculation is Hubbard stating quite clearly that scientology’s new claim to be a religion didn’t change anything materially; it was primarily a matter for the accountants and solicitors. (I’d love to know how close that is to a direct quote, remembered after all these years.)
This is such a valuable contribution, thanks so much, Mike.
You know of what you speak.
My experience with comm evs mirrors yours during my decades on staff and then public. My own personal one was off policy in every conceivable way.
I never saw a one that wasn’t a put-up job contrived to confirm a bias.
So in addition to the thunderously b!onkers ruling to scn arbitration, the arbitration itself is 100% rigged.
Rip, I was only an observer most times, but was on one committee. In each case, the committee was “strongly encouraged” to find that the defendants were guilty as charged since they wouldn’t be charged if they weren’t guilty of the charges abd worse. Tere was no possible defense, in other words.
An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties.
Some day, some very smart and concerned lawyer is going to take Scientology and it’s stupid “contract” to court on the basis that it’s unconscionable. That will then be the end of that.
LDW, if there were real justice in the world and if scientology COULD change, you might be right, but if the truth of it were established in one case, every other similar case would have to be argued as effectively AND the judge just as immune to scn’s bullying ways.
Relevant to Mike’s story two days ago, Nation of Islam Brother Joshua Muhammad has completed Scientology Staff Status I and Scientology Staff Status II.
There would be no reason for Brother Joshua Muhammad to complete these courses unless he was on staff at a Church of Scientology. Indeed, these courses may not be open to the public.
Tweet: https://twitter.com/ISNOINews/status/1223340535626092544
ESMB Redux post: https://exscn2.net/threads/members-of-the-nation-of-islam-are-practicing-the-religion-of-scientology.55/post-17785
/
And update. Brother Joshua Muhammad may be indicating that he didn’t do Staff Status II to go on staff at a church of Scientology, but instead to be a better staff member elsewhere. Interesting. See
https://exscn2.net/threads/members-of-the-nation-of-islam-are-practicing-the-religion-of-scientology.55/post-17785
/
ISNOINews, I can’t see HOW scn and NOI maintain their alliance. They’re so diametrically opposed worldviews, each considering the other’s members quite a bit below human. Meanwhile, only a scientologist organization would have any use for the Staff Status courses, SS0 or SS I.
Mike, do you know if Valerie can appeal yesterday’s decision? Can she seek getting this overturned based on the arguments and examples you have presented?
If so, and if successful, it would set a major precedent against the church’s contract sham.
Also, does she still have her case against Defendant Miscavige, who she did not sign a contract with? How does that portion of the lawsuit carry forward?
It’s unclear whether you can appeal a case that is stayed pending arbitration. You may have to request leave from the Appeals Court to do so. David Miscavige was considered to be covered by the documents the judge used to send her to arbitration.
Thank you.
Just imagine the fallout if a Judge forced a Catholic victim of child sexual abuse at the hands of a priest, into Religious arbitration with the Church.
Valerie,
You’re a shining star of resolute persistence, a true Hero(ine) of the Heart!
Mike,
Once again, your lucid, on-point explanation of the Co$ inner workings relevant to their unjust arbitration tactics, as with the many other topics covered herein, continues to enlighten us never-ins, who’ve not directly experienced the mind-boggling horror that is Co$ enslavement.
Mr. Augustine,
Thank you for succinct, factual “boots on the ground” reportage that frames in realtime the Machiavellian machinations of this depraved cult of cruelty.
I’m privileged to add my voice to all of yours in the comments, and to humbly stand among the stalwart souls here who speak out for justice.
Truth Warriors all!
Wryturman,
thanks for saying that all so succinctly.
I was in the courthouse that day (Yesterday) with Graham Berry and Jeffrey Augustine. I wanted to scream when they told me what had happened: going to arbitration. I said “Oh great a $400/hour retired judge how awful!” Graham said “No that would be great she is going to SCIENTOLOGY ARBITRATION like the Garcias.” It made me so embarrassed to be an Angeleno.
Meanwhile I and other protesters constantly risk citizen’s arrest because the cult uses the LAPD to punish us and constantly cry “wolf.”
We’ve been binge-watching “Major Crimes” lately. Great show! I really like it. If only the real LAPD displayed the integrity, know-how, dedication and professionalism of these fictional police officers when it came to Scientology’s crimes. If only! With a team like this on its ass the cult would be toast! Mixed metaphorically speaking.
“Meanwhile I and other protesters constantly risk citizen’s arrest because ”
Pope, if that happens use Furry’s atty. You know how much you can get in CA suit for a false PPA? (private persons arrest)? You should WANT false PPA’s like Furry does. It’s money in the bank.
Oh my lawyer Graham Berry is great. But I can’t afford the jury for a PPA trial and I think that is how it works?
No. You would sue the person making the false PPA. Once their atty’s see your video of YOU being attacked first by THEIR client they pay up rather than go to jury trial. Talk with Furry.
But their attorney is Kendrick Moxon. He likes to fight! I will talk to my lawyer graham berry about it.
Well, that just means that he will end up paying more. If you have a good atty he will KNOW what would happen if it went to jury trial (they would loose if you have video) and he would get paid. Moxon also knows this. I bet he has never gone to jury trial with adverse video evidence if it wasn’t the actual CoS corp he was defending.
AGP: it makes me embarrassed to be an *American* when they can “game” the system so easily. particularly when it’s scientology against an ex-member who fully and freely renounces her previous participation in the organization, so should be FREE of its draconian rules.
Additional Thought and a Real Analogy: Mike how much this is really true. Even if you plead no guilty they have a few kr waiting for you to show that you are guilty. There is no way out. I experienced it. Things usually are already decided earlier. There is no room for too much hope.
Agreement: The conclusion is determined before ANY “ethics” action is started — usually guilty on all counts. There is no meaningful defense, they can’t be acquitted. In at least one I observed, if the committee had not come to he required decision, the committee members were liable for the crimes they were condoning, which meant immediate RPF. I would LOVE to know what the “justice chief” told the arbitrators before they got down to business, There’s no justice in any scientology ‘ethics’ proceeding. I have to use quotes so liberally sine the definitions they use for those terms are hardly on nodding terms with the dictionary definitions most reasonable people would agree with; they’re diametrically opposed to the US justice system where it IS possible for the accused to be found not guilty. Never happened in scientology to my knowledge. Closest was LRH or MSH looking at the guy’s (very good) stats and tossing the charges out. I think I heard of that happening only once. Khah Khan was a joke and never actually helped anyone in my experience. ‘Twas an arbitrary declaration that made the recipient feel good for a few moments, but, –as was true whenever anyone was dealing with Tubby– the best staff and the ones working most closely with him got dumped on worse than anyone could believe; He elevated them to amazing heights, only to callously dash them on the rocky shore with little or no warning —”NObody expects the Spanish Inquisition.”
scientology “ethics?” what a laugh. Arbitration? It amounts to the convening authority telling you what your penalty is, nothing resembling arbitration as anyone else would define it. “This is it. Take it or leave it. If you don’t take your lumps without protest, the punishment will get harsher. NO reasonableness; no REASON at all.
Added some more thoughts and a real-world analogy that may make the outrage of this clearer.
Thanks, Mike, for the analysis.
Great analysis Mike! Kudos to Valerie for standing strong and putting up the fight!
@Valerie Haney,
Everyone has already said what I wanted to say.
Kudos to you.
Hugs to you.
I am so with you.
Here is the long and short of this: Under the LETTER of the Federal law that allows and encourages arbitration this might pass muster.
HOWEVER, the law did NOT envision PARTISAN arbitrators being used. For ALL too obvious reasons Partisan decision makers in juries and judges is NOT allowed under our justice system.
If they appeal under any other angle than I just mentioned they will lose. Hopefully this gal has better educated attorneys than some others who have taken on the CoS.
That’s not the argument that prevailed with Judge Whittemore (and he may well be overturned on that basis as I believe he is wrong).
I think there is a stronger and more effective argument — see the addition I just made to the posting. This is violating Valerie’s constitutionally protected right NOT to have to participate in scientology.
Right.
This is sarcasm:
I wonder what would happen if I walked into Flag’s Advanced Org, my Org, and asked for an Arbitration of my grievances. I guess I’d be directed to IJC (my “only terminal”) who would direct me to do A-E…to get back in good standing first.
Then… yea … then.
Yeah, Mary, and HOW many thousands of dollars of “donations” extorted into the IAS’s coffers? IIRC, A-E IS essentially being forced to do from Confusion up through Doubt where the only right answer is to grovel and beg to rejoin scientology. Pretty demeaning, if you tell me. In my opinion, the only *sane* Doubt formula is to say “So long, suckers!!” and be on your way. BUT that won’t get you into “good” standings even if it IS the solution which benefits the greatest number of your dynamics, possibly everyone’s dynamics. there comes a time when legitimizing a corrupt organization is just SO wrong; evil. IMO, A-E can’t honestly be done as IJC requires it if you have seen the con for what it is, as most of us have. The way OUT is to say “I’m THROUGH!”, and walking calmly out that door there.
I’m not referring to this judge at his level but the appellate courts. THAT is the judicial level where they look closely at the intent of the original legislators and the definitions used in the language of the statutory language.
Participating in arbitration run by scientologists may NOT be considered participating in “scientology”. Especially since the CoS will lie about how they will proceed in the arbitration. That will depend entirely on the opinion of the judges hearing the appeal. She should lay out both arguments to be covered.
I agree. Of course both arguments should be made.
Scientology cannot successfully argue that participating in a Comm Ev (which is what they put forth to the court as the “procedure” to be followed) is not participating in scientology. It is scientology that made the argument that this is the procedure delineated for all SCIENTOLOGY justice procedures and is the unique procedure used only in scientology by scientologists. It is not “wog law.”
Bingo. A Comm Ev IS scamology and would violate her 1st Amend rights.
She can’t participate in arbitration because:
1) To do so would force her to participate in an abusive religion “justice procedure” and an abusive relationship that she escaped from via the trunk of a car, and wants nothing more to do with, which violates her First Amendment rights.
2) She will be “judged” by only “scientologists in good standing”, who view her as an enemy who must be utterly destroyed. She can’t get a fair trial under such circumstances.
3) As a “suppressive person”, she is not allowed to communicate to scientologists in good standing, her only terminal is IJC. She is not even allowed on scientology property to deliver a hand-written communication.
You’ve nailed it, Jethro: Because she’s been accused of being Suppressive, not “proved beyond a reasonable doubt”, she can never get anything but kangaroo “justice” where all involved are required to treat her as an enemy determined to destroy everything they hold dear. In that environment there is no “fair” for her other than “fair game” as they try to destroy her utterly.
The idea of Valerie agreeing to allow her grievances to be handled by a group of people who belong to The Scam is incredibly ridiculous. It is so ridiculous that I cannot conceive of any words to use to express my opinion.
But as Mike said words to the effect, “If Valerie does this, it will be an important step for her to take”. I think that means that she must do this in order for her to then engage in any appeal.
But this arbitration will be so ridiculous – so nonsensical, that it will be much like something out of a book by Kafka. For those people who may not have previously seen that reference, Kafka is a famour writer (who is now dead) who wrote stories of things that were completely ridiculous and unbelievable. People refer to things as “Kafkaesque” to describe situations that are often called, “oxymorons”.
Valerie must be one incredibly “tough cookie” if she can sit through something so insane only to emerge with the right to then appeal.
All I can say is, “Valerie? If you can hear me, I think you are one of the most incredible people I have ever met (even though I’ve only met you through my TV). But that doesn’t matter. I feel a sense of power every time I watch the episode of Mike & Leah’s show that features you.
Please never give up. Please hang in however long it takes. Hundreds, maybe Thousands of victims are looking to you to help them find the strength to fight this cult. Please feel the eyes of the victims upon you. As you struggle through your fight, please remember so many other people are relying upon you to help them find the strength they need to endure.
I find strength just by watching you and thinking of you. Thank you, Valerie. I hope and pray the day will come when you are compensated for all of the suffering you have endured and maybe on that day, all the people who want to see the end of this horrible scam will have a big party and maybe we all will then be able to sing and dance in the happiness of the end of this horrible plight on this Earth.
P.S. Valerie, if you ever need a ride somewhere, you will be most welcome to ride in my trunk. I have a very nice and spacious trunk!
Mike, it’s also got no taint of Justice in it, either. Heaven forfend that the accused might be able to get off without punishment and humiliation.
That’s right, Mike.
The US Constitution says that Congress may make no establishment of religion.
That means that no-one may be forced to observe a particular religious practice.
I personally think that this is kind of amusing (not that the situation is amusing.)
Since Scientology says “You can’t fuck with our religious beliefs, Neither can they “fuck” with Valerie’s. And nobody please mention Scientology Comm-Evs again.
I ws on about 8 of them and I was threatened with investigation if I did not issue the F and Rs I was told to, which were not the Findings of the Committee. Just as SP policy says “Disconnect or get disconnected” Comm-Evs operate on “Hang or be hung”.
Yeah, right, Bill. scientology’s ‘ethics’ have no provision for the accused being innocent of the charges, so no one can actually investigate and find the truth of the matter.
I’m speechless.
Valerie Haney understands that this is just the beginning. The marathon has just started and the Clampire risks having all of their contracts regarding ‘arbitration’ cancelled.
Judges at Burdge’s level are not supposed to overturn precedents, and that is what Haney’s attorneys ask him to do.
This fight was always meant to be at the appellate level, only they can decide on the validity of the fake ‘arbitration’ . And they’ll try to punt on first down too. If so, the laws on arbitration need to be changed, and changed very quickly.
This a rational analysis of the whole situation. I believe it is a judge overloaded who only looks at the papers and passes it on. Hopefully an appeals court will do more than that. Thanks Mike Rinder and Jeffrey Augustine for you helpful analysis and reporting of this issue. The fight is not over!
What really needs to be done is to have Scientology sign a contract that the new “recruit” brings in on their own , that requires fairness and kindness. Little Dave would be required to sign it. Since Scientology is protected by the US government and has nothing to hide, they should have no problem signing it. No PI’s, harassment, financial servitude, imprisonment. The new recruit would have the option to leave the religion, just like any other religion, Please sign it Little Dave……the shoe’s on the other foot now….
I wrote a letter to this judge expressing my feelings.
I was very careful not to say anything that could be construed as threatening or even insulting.
I just explained a little about The Scam to him because I assumed he must not know just how abusive and criminal they are.
I then suggested he watch Mike & Leah’s TV show in order to see just what this cult was about and why it was so important to stop them from destroying all these families and all these lives.
I don’t expect anything good will necessarily come of this. But I think it is important for someone to try and help him see the truth.
Thank you for writing to that judge, Skyler. It probably won’t change anything on an immediate basis but you never know what effect a communication can have when it is true and emanates from the heart, from someone’s heart. What you wrote could lodge in that judge’s mind and come into play in the future in some way. He’s a judge; he knows other judges. You did something good and something good could eventually come from what you did. The truth is powerful. It does seep thru the lies, eventually, like water eventually seeps thru very tightly packed rocks.
Thank you Aqua. It’s always so nice to hear from you.
Yeah, right, … a comm ev … Where you are guilty until proven guilty … Straight out of Stalin’s play book …
Hope Valerie appeals to a higher court. But the only ultimate remedy is to keep getting the word out to potential scientologists. George White was correct when he noted how teeny tiny the CoS’s membership is … And my guess is that the more truth of its abuses are made known, the more it will continue to shrink … Right now the CoS is essentially a real estate holding company supported by a bogus religious donation scam …
By the way, I should add that in my opinion, Valerie, in a very real sense, wins by just bringing the case forward . Every time a former scientologist brings an abuse out and into the court system, no matter how many times the decision goes against their formal case, they put INTO the society just another piece of truth about the CoS. The CoS doesn’t win even when the court decision goes their way because once again, WORD HAS GOTTEN OUT. Even LRH understood this aspect of PR.
Joe,
Your mention of Comm Ev reminds me of a girl who informed her state govt that her ex husband had ceased paying child support 5 years earlier. The state filed a court action against the ex seeking payment. The ex reported the action to the cherch which decided to held a comm ev against the couple. One of the charges was for filing a lawsuit without first obtaining the International Justice Chief’s approval. The committee took no notice of the fact that it was the state who filed the action, not either of the ex’s involved.
The friend who told me about all this said he interviewed a couple of staff members (one worked in OSA Legal) if they had communicated with IJC before filing their own divorce cases. He was told no. He also contacted the law firm the church predominantly used and asked if what the girl had done in informing the state of the ex’s failure to pay child support could be considered a lawsuit. He was told no. He showed me documentation of all this.
The comm ev results found both the ex and the wife guilty of many charges and demanded hundreds of hours of amends be performed by them for the church. My friend read the findings and recommendations and was outraged by how absolutely self-serving and pointless the proceeding and its findings were. The only one benefiting was the cult because the findings demanded the couple do hundreds of hours of amends to its benefit only.
From all he learned and experienced in his many decades in the cult he knows without doubt they truly consider themselves to be fully above the law and all governments. This assumed position “permits” them to continue to commit fraud in all dealings with anyone or any agency in the “outside world”.
Justice in the cult is only when it benefits itself. ONLY.
Thanks Mike
Thanks Mike for the concise article on the cult arbitration. And Valerie you are awesome. Scientology will cave. You will kick their cold inhuman asses.
California Judge Hoodwinked by Scientology Lawyers and Make Former Scientology Abide by Scientology’s “sharia law” Kicking the Can Down the Road to Lighten That Judge’s Case Load
That’ll punish anyone from joining Scientology, the courts siding with Scientology’s “sharia law” to chase after former Scientologists and punish them even more than the punishment they received when in Scientology.
that’ll teach people to get into cults, this judge probably secretly reasons
This case indeed seems set up for appeal.
Also, in the Garcia case, the judge had noted a particular precedent where a case was overturned because arbitration hadn’t been attempted, and I think he felt constrained to let the farcical religious process run its course so that a higher court could then rule on its absurdity.
And to be fair to judges, some of them didn’t want to be lawyers because of the Sea Org like hours required to be part of many law firms. They’re a mixed bag, including those in the position for the wrong reasons.
This is a great piece Mike, thanks for your work.
Ugh! I was so hoping for more positive news!
Valerie is kick ass. I admire her resolve.
Mike I wish you could have read your write to the judge, it was so well written and shows what is really going on,
Thanks Mike.
Is the judge a Scientologist?
Was the judge paid by Scientology?
Was he blackmailed?
No. He took the lazy, easy way out
What…death?
More and more these Elected/Appointed public officials are doing less and less and Not fulfilling their assigned duties; we are seeing this on All strata of public service up to and including the office of president (in My opinion). Isn’t it time we started calling the Hired Help to task? Seems to me, just like Harry and Rachel, they enjoy all the perks and shoulder None of the responsibilities. Whose fault is That ????????????????????????????????????????????????
Mike, I am sure that I read on your blog a long time ago, that you were one of the authors of the inhouse arbitration scam. Now, if my memory has not dimmed, is it not possible that Valerie’s team of ‘silks’ call on you to explain and decipher the ‘nuts and bolts’ of this pathetic Bs.
Yes you are right. I hope there is an opportunity to do so.
That would be amazing.
This is a kangaroo court at it’s best. This trial was a complete sham. I am sorry Valerie has to go through this. There are many people who are by your side fighting this demonic cult. When I learned about this sham trial I hit the roof!! If we stick together we can fight this demonic cult. They need to be brought down to a non existent. There has to be way to fight this injustices because we can no longer rely on the joke of LAPD and Clearwater clown cops. We can no longer rely on the justice system. You have a perfect point, forcing someone who escaped Scientology is like telling the victim to go and apologize to the abusive spouse and allow him to stalk his/her spouse. This is how the murder happens because the very same system that is supposed to protect us failed us, just like the justice system failed Valerie.
It was not a trial. It was a 10 minute hearing that determined she had no right to a trial
Oh ok gotcha. I truly hope that someday soon Valerie and all other victims of this demonic cult will get the true justice they deserve. Start off by revoking the tax exempt status. The next step is to shut down this demonic cult for good!
Silvana, I somewhat agree, but there’s nothing that can make Valerie or most other mistreated ex-members ‘whole’ again. I lost what could have been a productive decade in my 20s. Once I was kicked off the Base, I got a chance to try to catch up, and did to a great extent, but I’ll never get a chance to recover what scientology stopped me from doing for that decade. That’s gone; irretrievable.
We need to find a judge that doesn’t own a dog…
Mr. Rinder,
It stands to reason you and others (MR ect) who know the type of information you know should be testifying in amy amd all of these proceedings?
Your argument alone and knowledge would surely be accepted as fact and very relevant to the cases?
Concerned Citizens
Sure, we just have to get to that point where any testimony is allowed.
Thanks Mike for your great analysis! To Valerie – hang in there you beautiful person, be strong and know that you have a lot of support out here. We want you to win and you will win in the end. So happy you have that great attitude, what a strong, courageous person you are.
An outstanding analysis Mike.
Having been in Judge Burdge’s courtroom this morning I can tell your readers it was a perfunctory ten minute affair. Judge Burdge showed no interest in the case. He was simply moving papers off his desk as if Val Haney’s life was nothing more than a jaywalking case.
David Miscavige’s lawyers praised the Judge for citing the Schein decision the US Supreme Court handed down last year. This decision makes arbitration the law of the land and does not allow courts to question arbitration provisions in contracts.
However, there are problems in Scientology’s case that deserve to be heard by an appeals court.
Thank you.
Thank you Jeffrey!
This is SO disheartening and for Valerie to see how lightly he took this, that could have shut anyone’s hope or resolve down. BUT that is why this talented group of lawyers came together. And Valerie is NOT the average ANYthing – so we can’t lose heart especially because SHE is not!
Thank you for the reminder Mike of the cases that seemed this way. It felt like a literal kick to the gut when I’d read what happened, so I can’t begin to imagine how it felt to her. But this isn’t any other case and definitely not any average person… Also, I will pray, hope and watch closely as we know SO many are UTR and how amazing if one or two of those who are were chosen for this internal farce and they choose that opportunity (as “arbitrators”) to expose themselves as done?! How funny would it be if we saw CO$ back in court trying to overturn an arbitration decision because, “It turned out that 1-2 arbitrators were in fact not ‘in good standing’ as we had thought!” Stranger things have happened!
Elegantly stated Jen!
I am in total shock….WT???? ” Valerie Haney has no right to a trial before a jury of her peers”. This is America isn’t it? Doesn’t everyone have the RIGHT to be in a court of law during Jury Trial to be judged by her peers?
Sounds like the previous scenario with the infamous FLDS case where the “big guns” walked away with egg on their faces because the FLDS women & children were returned to their FLDS compound….& only “a FEW of them” faced justice.
This Judge doesn’t want to be in the middle of another fiasco where he might lose the NEXT ELECTION so he “opted out” & deemed this “untrialable”?
Go Valerie! Be safe!
Valerie will be just fine. We’re going to VEGAS!!!