Some Thoughts on Judge Kleifield’s Order

Tony Ortega just dropped a bombshell with his article concerning Danny Masterson’s accusers’ stalking allegations against Scientology.

As he points out, the cult has removed all doubt as to their malicious and revenge based operations.

This is huge.

Forgoing even the semblance of religious morality, David Miscavige and his attorneys throw caution to the winds as they fight to prove what so many have always insisted; Scientology is, at its core, a business. (Amongst other things)

Miscavige’s response to Judge Kleifield, has for all intents and purposes, done a complete 180, going from insisting they are a religion to insisting they should be allowed to use laws created for commerce.

Azhlynne’s Blog addressed the differences between Scientology’s Comm Ev and actual Arbitration in an earlier article. It was noted then that Judge Kleifield would most likely see the arbitration argument as it was meant to be, a tool for business; “It is reasonable to believe that Judge Kleifield will see the word ‘arbitration’ and assume it is the familiar form of alternate dispute resolution used by corporate entities and Unions.”

“Further, arbitration is supposed to address civil matters, not serious criminal charges such as human trafficking, rape, false imprisonment and more.”

The Judge has seemingly put Miscavige in the proverbial “trick bag” by asking Scientology to explain, as Ortega says, “…that the act governed agreements of “commerce,” and was it really commerce, the stuff of dollars and cents, which was at stake in this lawsuit? These women are alleging that they’ve been stalked and harassed and slandered because they came forward to the police with their rape allegations. What does that have to do with contracts that govern commercial transactions?”

Worry that Kleifield would base his decision upon a lack of information and facts due to an unfamiliarity with Hubbard’s writings seems to have been unfounded.

Forcing COB to specify why corporate arbitration should apply in a harassment case has resulted in an exquisite conundrum. Failure to prove his point will end with Miscavige in the dock. Success will highlight the fact that Scientology is a corporation, finally calling their status as a religion into question.

With either outcome, COS’ very struggle to get there has stripped away all the humanitarian, religious gilding to reveal the harsh, cold, abusive conglomerate underneath.

Miscavige and his attorneys are now citing, according to the documents revealed by The Underground Bunker, “‘Plaintiffs’ claims, as pled by them, have their genesis in their relation with the Church as created and defined by the Agreements.‘”

One of the first things the Enrollment Agreement states is, “Scientology is a religion, the Church is a church of the Scientology religion and all the services and activities of the Scientology religion are exclusively religious in nature.”

Scientology designates all the writings and recorded lectures of L. Ron Hubbard as their sacred scripture. Form 1023, Attached Statement by Church of Scientology International in their application for tax exempt status explains, “of course a full understanding of Dianetics and Scientology and the actual application of the three zones of its religious technology; Ethics, Technical, and Administration is only possible through full study of the scripture itself which is contained in the 40 million written and spoken words on the subject by L. Ron Hubbard.”

Committee of Evidence then, as part of the religious technology covered under Ethics, created exclusively by L. Ron Hubbard is a Scientology Religious Service, based upon Scientology Scripture, that the “church” provides.

Arbitration is, as Judge Kleifield noted, founded upon the Federal Arbitration Act. It was intended to provide another legal tool for Union and corporations to settle disputes.

Religious arbitration is intended to address spiritual and ecclesiastical disputes within a religion. It is not, nor was it ever intended to be, a forum used in substitution for the law when serious secular crimes have been committed.

Scientology is currently attempting to force the intention of the Federal Arbitration Act into their Hubbard created mold.

Hypocritically, Scientology is notorious for it’s abuse of the court system to attack, fair game and bully their opponents, including former members. Further, their use of this clause has more than enough evidence to show it is an arbitrary event.

Debbie Cook was not provided her right to have her grievance heard before a Comm Ev. Instead she was suddenly and without warning dragged straight to the infamous “Hole”.

Mike Rinder was never granted his Contractual rights to a Comm Ev at any time during his incarceration in The Hole. Nor was he offered this religious service in the weeks or months following his departure.

Sylvia DeWall, whose heartbreaking video shows her being declared Suppressive, does not appear to have been offered the rights agreed upon in her Enrollment Agreement, either.

Thus it would appear that use of the Comm Ev by Scientology is selective and dependent upon whose ox is being gored.

It is hoped that Judge Kleifield will, under the Law, provide protection and the inalienable right to due process to the survivors of Scientology’s terroristic Fair Game practices. It is also hoped that if Kleifield opens the way for the invalidation of this clause, others will benefit from this new legal freedom.