The Church of Scientology is fighting for its life in the Garcia v. Flag et. al. lawsuit. Garcia is alleging commercial fraud on the part of the Church of Scientology. If Garcia wins, the floodgates to other lawsuits against the Church of Scientology for commercial fraud are flung wide open. The instances of Scientology and its front groups lying in order to raise money are legion, e.g. Narconon has more than 27 lawsuits against it for allegations related to lying to families of drug addicts about the type and efficacy of treatment services offered by Narconon.
Former Scientology “second in command” Mark “Marty” Rathbun has been called as a key witness by Garcia. Scientology attorney Bert Deixler deposed Rathbun. Tony Ortega posted more video of the deposition at his blog today. We post Tony’s YT video below.
In this video, Scientology attorney Deixler attempts to use a letter Rathbun wrote to David Miscavige in 1993 to impeach Rathbun’s credibility. However, the problem in doing so is that Rathbun opens up a Pandora’s Box concerning the Church of Scientology wholesale violations of the priest-penitent privilege; Founder L. Ron Hubbard; Scientology’s notorious Fair Game policy; and the 1993 tax exemption the IRS granted Scientology.
Deixler pushing Rathbun to read the internal “Liability Formula” Rathbun wrote in 1993 — which document is allegedly priest-penitent in nature — is proof that the Church uses privileged ecclesiastical folders against former members. This is inherently Fair Game and an egregious violation of what the David Miscavige, Mark Rathbun, Monique Yingling, and other CSI lawyers told the IRS in support of gain tax exemption.
Deixler leads with his chin in this deposition and allows Rathbun to state on the record that Scientology’s vicious Fair Game policy was never cancelled. By introducing Rathbun’s 1993 “Liability Formula” into the record, Deixler also hands Church critics further evidence that the Church uses private “ecclesiastical confessions” against former members. This is an egregious violation of the priest-penitent privilege.
How did Deixler get a copy of a private confession Rathbun wrote to Miscavige? In my opinion, the letter had to have come directly from Miscavige via the Church of Scientology’s notorious Office of Special Affairs (OSA). I say this because Miscavige would have had to instruct OSA to deliver this confessional letter to Deixler. Moreover, this private letter would have been in Rathbun’s CSI-owned “pc folder” thus showing Miscavige’s complete control over CSI and OSA Legal.
Finally, in attempting to establish a foundation, Deixler allows Rathbun to discuss tax exemption thus opening the door to this question: If what Mark Rathbun said in his 1993 Liability Formula was untrue, then was what Mark Rathbun told the IRS in pursuit of tax exemption also untrue? Rathbun was an indispensable and central figure in Scientology obtaining tax exemption.
Deixler’s attempt to impeach Rathbun goes to impeaching the truthfulness of the Church’s tax exemption as well — and this could become a matter for a Grand Jury or DOJ probe.
Deixler and Miscavige can’t have it only one way: Attacking Rathbun is attacking tax exemption is attacking Miscavige.
The Church of Scientology: One big ball of wax.