The following diplomatic cables were received in anonymous e-mail. To me they indicate that Scientology has been negotiating with the U.S.
Government to not fulfil our obligations under the treaty we have with Spain. The cables are not classified. The amazing part is how they evaluate the motives and strength of the Spanish case without any regard for the right of a nation to try its own cases. Selected press have received the cables, and I plan to send them to my congressmen, senators, and the Spanish Embassy.
UNCLASSIFIED UNCLAS SECTION 01 OF 02 MADRID 003029 2ND C O R R E C T E D C O P Y //CLASSIFICATION ADDED TO PARAS// STATE FOR CA/OCS/EUR AND L/LEI - KEN PROPP DRL FOR HAROLD KOH AND ROBERT SIEPEL JUSTICE FOR OIA MARGARET COTTER SENSITIVE BUT UNCLASSIFIED E.O. 12958: N/A TAGS: CJAN,PHUM,CASC,PREL,SP SUBJECT: MEETING WITH SCIENTOLOGY LAWYERS: USG SHOULD COMPLY WITH MLAT, BUT FIRST TRY TO AVOID TRIAL REFS: A) 99 MADRID 4748; (B) 99 MADRID 5061 1. (SBU) SUMMARY: IN A JULY 18 MEETING WITH CG, POLCOUNS AND FSN LEGAL ADVISOR, US LAWYERS DEFENDING THE CHURCH OF SCTENTOLOGY AGAINST SPANISH PROSECUTION AGAIN ASKED THE EMBASSY TO RECOMMEND DENYING SPAIN'S REQUEST TO SERVE SUMMONS TO AMCIT HEBER JENTZSCH UNDER THE MUTUAL LEGAL ASSISTANCE TREATY. THIS BEING OUR THIRD MEETING, WE AGAIN REITERATED OUR VIEW THAT SERVICE OF SUMMONS AGAINST MR. JENTZSCH WOULD NOT PREJUDICE "THE SECURITY OR SIMILAR ESSENTIAL INTERESTS" OF THE US, THE STANDARD REQUIRED TO DENY AN MLAT REQUEST (ARTICLE 3). ON THE CONTRARY, DENYING THE REQUEST WOULD JEOPARDIZE ESSENTIAL US LAW ENFORCEMENT INTERESTS. WE BELIEVE THE SPANISH CASE IS EXTREMELY WEAK AND FRAUGHT WITH ANOMALIES, BUT THESE ARE ESSENTIALLY LEGAL, NOT RELIGIOUS, IN NATURE. WE ARE ALSO CONVINCED IT IS EXTREMELY UNLIKELY THE CASE WILL GO TO TRIAL, EVEN LESS LIKELY JENTZSCH WOULD BE CONVICTED IF IT DID, AND BEYOND CONCEPTION THAT HE WOULD SERVE ANY TIME IF CONVICTED. HOWEVER, WE RECOMMEND DOJ DELAY SERVING SUMMONS TO PROVIDE MORE TIME FOR A SETTLEMENT, WHILE WE FOLLOW UP ON WHAT TO DO IN SPAIN TO AVOID A TRIAL. END SUMMARY.
2. (SBU) ON JULY 18 SCIENTOLOGY COUNSELS BILL WALSH AND MONIQUE YINGLING PRESENTED EMBASSY REPS WITH THE SPANISH PROSECUTION'S PROPOSED SETTLEMENT, IN THE FORM OF A REVISED PROSECUTION WRIT, DROPPING ALL CHARGES AGAINST SCIENTOLOGY PRESIDENT HEBER JENTZSCH. THE SPANISH PROSECUTION WITHDREW THE OFFER FOLLOWING A LAST MINUTE RENEGING BY ONE OF THE DEFENDANTS. THE COURT SET A NEW TRIAL DATE, SEPTEMBER 25, TRIGGERING ANOTHER SPANISH REQUEST TO THE USG TO SUMMON JENTZSCH.
3. (SBU) THE PROSECUTION'S REVISED WRIT CITES OTHER EUROPEAN GOVERNMENTS'S RECOGNITION OF SCIENTOLOGY'S RELIGIOUS NATURE AS THE MOTIVE FOR DROPPING ALL CHARGES AGAINST JENTZSCH. THIS, CONTEND WALSH AND YINGLING, PROVES THAT JENTZSCH IS BEING PROSECUTED FOR HIS RELIGIOUS BELIEFS. THE LAWYERS ALSO CITED THE PROSECUTION'S REQUEST JENTZSCH WAIVE ANY CLAIMS AGAINST THE SPANISH GOVERNMENT AS FURTHER EVIDENCE IT KNOWS IT'S IN THE WRONG.
4. (SBU) WE REPLIED THAT WE AGREE THE CASE AGAINST JENTZSCH IS EXTREMELY WEAK (GRANTED, WE HAVEN'T SEEN THE EVIDENCE, BUT FROM OUR PERSPECTIVE, IT APPEARS TO BORDER ON THE ABSURD), AND THAT SOME SPANISH AUTHORITIES DURING THE PAST TWELVE YEARS HAVE IN ONE WAY OR ANOTHER MADE CLEAR THEIR PERSONAL PREJUDICE AGAINST THE CHURCH. BUT, WE STRESSED, THE PARTICULAR CASE AGAINST HEBER JENTZSCH IS UNTENABLE ON LEGAL GROUNDS, PRIMARILY THE PROSECUTION'S FAILURE TO LINK HIM TO THE ALLEGED CRIMES. WE SEE NO EVIDENCE THAT THE SPANISH GOVERNMENT IS PROSECUTING JENTZSCH FOR HIS BELIEF IN SCIENTOLOGY, OR THAT IT SEEKS TO DENY THE RIGHTS OF SPANISH SCIENTOLOGISTS. AS DOCUMENTED IN THE LAST TWO REPORTS ON RELIGIOUS FREEDOM IN SPAIN, AND IN REFTELS, THE CHURCH OF SCIENTOLOGY CONTINUES TO OPERATE FREELY ALL OVER SPAIN. WHILE IT IS NOT RECOGNIZED AS A RELIGION, IT IS REGISTERED AS A CULTURAL ASSOCIATION WITH SPAIN'S INTERIOR MINISTRY. IN ADDITION, SPANISH COURTS HAVE RULED IN FAVOR OF THE CHURCH IN THREE SEPARATE CASES SINCE 1987.
5. (SBU) AFTER WE AGREED TO DISAGREE, WE FOCUSED ON THE MORE IMMEDIATE ISSUE, AVOIDING TRIAL. THE DEFENSE LAWYERS AGREE THAT THE SPANISH PROSECUTION IS ALSO ANXIOUS TO AVOID TRIAL, AND THAT THE DECISION BY ONE OF THE DEFENDANTS TO RENEGE ON THE SETTLEMENT AT THE ELEVENTH HOUR ANGERED THE PROSECUTOR, WHO RESPONDED BY WITHDRAWING THE ENTIRE SETTLEMENT AND CALLING FOR A TRIAL DATE. WALSH AND YINGLING STILL EXPECT A SETTLEMENT, A FEELING SHARED BY ONE OF SCIENTOLOGY'S SPANISH LAWYERS, WITH WHOM WE MET LAST WEEK. THE SPANISH DEFENSE LAWYER TOLD CG AND FSN LEGAL ADVISOR HE WOULD LOVE TO GO TO TRIAL, BECAUSE THE CHARGE AGAINST JENTZSCH IS SO PREPOSTEROUS HE IS CONSIDERING BRINGING THE PROSECUTION UP ON JUDICIAL MISCONDUCT CHARGES.
6. (SBU) WE ALL AGREED THE BEST COURSE OF ACTION IS TO DELAY THE SERVING OF SUMMONS TO JENTZSCH LONG ENOUGH TO GIVE THE DEFENSE AND THE PROSECUTION TIME TO REACH A SETTLEMENT. WHILE WALSH AND YINGLING DEMURRED, WE FIND IT HARD TO BELIEVE THE SEPTEMBER 25 TRIAL DATE, COMING A MERE THREE WEEKS AFTER THE AUGUST VACATIONS, WILL BE MET. YINGLING LET IT SLIP THAT THE LEAD DEFENSE LAWYER, ONE OF MADRID'S HIGH POWERED LITIGATORS, RECENTLY SUFFERED A STROKE, WHICH ALONE COULD PROVIDE A BASIS FOR A DELAY IN THE TRIAL. THERE ARE NUMEROUS OTHER TACTICS THE DEFENSE CAN USE TO DELAY THE TRIAL. BT UNCLAS SECTION 02 OF 02 MADRID 003029 C 0 R R E C T E D C 0 P Y//CALSSIFICATION ADDED TO PARAS// STATE FOR CA/OCS/EUR AND L/LEI - KEN PROPP DRL FOR HAROLD KOH AND ROBERT SIEPEL JUSTICE FOR OIA MARGARET COTTER SENSITIVE BUT UNCLASSIFIED E.O. 12958: N/A TAGS: CJAN,PHUM,CASC,PREL,SP SUBJECT: MEETING WITH SCIENTOLOGY LAWYERS: USG SHOULD COMPLY WITH MLAT, BUT FIRST TRY TO AVOID TRIAL 7. (SBU) THE OBVIOUS SOLUTION FROM OUR PERSPECTIVE, AS WE DISCUSSED WITH WALSH AND YINGLING, IS TO CONVINCE THE PROSECUTION TO BREAK OFF THE ONE RECALCITRANT DEFENDANT AND TRY HIM SEPARATELY. APPARENTLY THE PROSECUTOR WANTS THIS CASE SETTLED WHOLE, AND IS UNWILLING TO REACH SEPARATE AGREEMENTS. NEVERTHELESS, THIS REMAINS A POSSIBILITY. IN THE MEANTIME, WE OFFERED TO USE OUR CONTACTS WITHIN THE SPANISH JUDICIARY TO DISCRETELY SEEK WAYS TO DELAY THE TRIAL DATE. BUT WE ALSO WARNED THEM AN AGGRESSIVE APPROACH ON OUR PART COULD CREATE A NEGATIVE BACKLASH, WHICH THEY UNDERSTOOD MUST BE AVOIDED.
8. (SBU) EMBASSY WOULD LIKE TO OFFER THE FOLLOWING POINTS TO PROVIDE ADDITIONAL BACKGROUND AND CONTEXT FOR WASHINGTON READERS: A)THE INVESTIGATION OF THE CHURCH OF SCIENTOLOGY IN SPAIN BEGAN IN 1984, WHEN AN OFF-DUTY SPANISH POLICEMAN ALLEGEDLY HIRED BY THE CHURCH OF SCIENTOLOGY IN SPAIN WAS CHARGED WITH ILLEGAL DETENTION. OTHER ACCUSATIONS FOLLOWED FROM INDIVIDUAL SPANIARDS WHO FELT THEY HAD BEEN MISTREATED OR CHEATED BY NARCONON AND DIANETICA, SCIENTOLOGY-AFFILIATED ORGANIZATIONS IN SPAIN. ALL OF THIS CULMINATED IN THE ARREST OF JENTZSCH AND OTHERS IN 1988. IT WAS INDIVIDUALS WHO FELT VICTIMIZED, NOT THE SPANISH STATE, WHO INITIATED THE CASE AGAINST THE CHURCH OF SCIENTOLOGY.
B) THE FACT THAT OTHERS CHARGED IN THE CASE APPARENTLY CONFESSED TO THEIR CRIMES IN THE LATEST DRAFT PROSECUTION WRIT (NOW WITHDRAWN) IS EVIDENCE SPANISH AUTHORITIES HAD LEGITMATE LAW ENFORCEMENT MOTIVATION BEHIND THE DECISION TO BRING THE CASE TO COURT.
C) THE SPANISH GOVERNMENT NEVER CLOSED THE CHURCH IN SPAIN, EVEN FOLLOWING THE 1988 ARRESTS, ALTHOUGH FOLLOWING THE ARRESTS THE EXAMINING JUDGE ORDERED THE CONFISCATION OF DOCUMENTS AND OTHER ARTICLES FROM SOME SCIENTOLOGY OFFICES, AND SOME BANK ACCOUNTS IMPOUNDED, TO BE USED AS EVIDENCE IN THE CASE.
D) A SCIENTOLOGY PUBLICATION LISTS EIGHT SCIENTOLOGY CENTERS CURRENTLY OPERATING IN SPAIN. THIS EMBASSY HAS IN THE RECENT PAST ISSUED RELIGIOUS (R) VISAS TO LOCAL CHURCH OF SCIENTOLOGY MEMBERS TRAVELING ON CHURCH BUSINESS TO THE US.
9. (SBU) COMMENT: AT THIS POINT WE CAN BEST SERVE US INTERESTS BY DOING WHAT WE CAN TO HELP THE PARTIES REACH A SETTLEMENT. WHILE WE DISAGREE WITH SCIENTOLOGY'S LAWYERS THAT THIS IS A CASE OF RELIGIOUS PERSECUTION, WE CERTAINLY AGREE THAT THE CHARGES AGAINST JENTZSCH ARE SUPERFICIAL, TO SAY THE LEAST. THE PROSECUTION OF THE CASE CONTINUES, IN OUR JUDGEMENT, BECAUSE THEY CAN'T SIMPLY DROP ALL CHARGES AND HAVE NOTHING TO SHOW FOR TWELVE YEARS OF FINANCIAL EXPENDITURE AND JUDICIAL EFFORT. BUT INVOKING ARTICLE 3 OF THE MLAT AND CITING RELIGIOUS PERSECUTION AS THE EXPLANATION (THE TREATY REQUIRES AN EXPLANATION), WOULD BLATANTLY CONTRADICT YEARS OF USG ASSERTIONS THAT SPAIN IS A DEMOCRACY THAT RESPECTS FUNDAMENTAL FREEDOMS. A USG WILLINGNESS TO INVOKE THE ESSENTIAL INTERESTS CLAUSE MERELY TO AVOID SERVING A SUMMONS WOULD ALSO CALL INTO QUESTION OUR COMMITMENT TO LAW ENFORCEMENT COOPERATION IN SPAIN AND OTHER COUNTRIES. WE RECOMMEND A DELAY IN SERVICE TO ALLOW THE PARTIES TO REACH AGREEMENT. BUT IF THIS TACTIC FAILS, WE RECOMMEND THAT THE SUMMONS BE SERVED.
ROMERO BT ---------------------------------------------------------------------- Text available at http://parishioner.org/spain.html with some additional hyperlinks.
Key to Abbreviations AMCIT - American Citizen CA - Office of the Assistant Secretary for Consular Affairs, Mary A. Ryan CG - Consul General Douglas R. Smith DOJ - Department of Justice DRL - Bureau of Democracy, Human Rights and Labor Affairs, Department of State HAROLD KOH - Harold Hongju Koh, Assistant Secretary of State EUR - European Affairs, Acting Assistant Secretary of State James F.
Dobbins FSN - Foreign Service National L/LEI - Legal Advisor / Law Enforcement and Intelligence, Department of State, Ken Propp MADRID - U.S. Embassy to Spain, Serrano 75, 28006 Madrid, Spain OIA - Office of International Affairs, Department of Justice MARGARET COTTER - Office of International Affairs, Department of Justice MLAT - Mutual Legal Assistance Treaty (see below) POLCOUNS - Political Counselor Michael Butler, Department of State REFS - References to previous cables REFTEL - Referenced Telephone Call ROBERT SIEPLE - Ambassador at Large for International Religious Freedom ROMERO - Edward L. Romero, Ambassador to Spain SBU - Sensitive But Unclassified USG - United States Government The treaty mentioned is the U.S. - Spain Treaty on mutual Legal Assistance in Criminal Matters, entered into force June 23, 1993. Sentate Treaty Doc.
102-21, 102nd Cong. 2d. Ratified October 9, 1992.
>>DRL FOR HAROLD KOH AND ROBERT SIEPEL JUSTICE FOR OIA MARGARET
>>COTTER
>
>"Robert Seiple", a loon who travels around the world at US taxpayers
>expense to lobby for american cults.
>
>>2. (SBU) ON JULY 18 SCIENTOLOGY COUNSELS BILL WALSH AND MONIQUE
>>YINGLING PRESENTED EMBASSY REPS WITH THE SPANISH PROSECUTION'S
>>PROPOSED SETTLEMENT, IN THE FORM OF A REVISED PROSECUTION WRIT,
>>DROPPING ALL CHARGES AGAINST SCIENTOLOGY PRESIDENT HEBER
>>JENTZSCH. THE SPANISH PROSECUTION WITHDREW THE OFFER FOLLOWING
>>A LAST MINUTE RENEGING BY ONE OF THE DEFENDANTS. THE COURT SET A
>>NEW TRIAL DATE, SEPTEMBER 25, TRIGGERING ANOTHER SPANISH REQUEST
>>TO THE USG TO SUMMON JENTZSCH.
>
>Amazing. Both are *tax* attorneys.
Very amazing indeed. How the hell is the cult of Scientology making the
U.S. government to go around lobbying on its behalf? Not too long ago
the U.S. gov't was RAIDING Scientology and trying to close it down.
The answer I think, is that Scientology has been infiltrated and is now controlled by the gov't. That seems to be the best explanation.
The highest entity in Scientology is CST, which controls RTC, Flag, and everything else through copyright ownership. Now who is in charge of CST (and thus all of Scientology)? A bunch of GOVERNMENT TAX ATTORNEYS who are not even Scientologists!!
Consider the hundreds of millions of dollars that $cientology rakes in every year. (okay it might only be tens of millions now due to crashing stats) Where does it all go? A lot of it goes into funding lawsuits, but it can't account for all of it. Miscavige might have stashed some money on the side but indications are that he doesn't spend extravagantly.
And almost none of it goes to Scientology staff who live on rice and beans and make below minimum wage.
In other words, a perfect setup for government's future secret ops (think Iran-Contra). Over a billion dollars of $cientology money which they can spend in total secrecy with NO accountability to the Congress, President or anyone else.
Turnabout is fair play, Scientology tried to infiltrate the government in Snow White and now the Gov't has infiltrated and controls Scientology.
Almost makes you laugh, to think that Scientologists like Claire Swazey and TravisSargent laboring out here handling ARS for the greatest good for greatest number of dynamics, helping to clear the planet, etc., when they're really just pawns in a Gov't black ops program. All their hard work might ultimately be propping up a dictator in South America somewhere!