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PASTOR GENERAL'S REPORT, May 6, 1980
Page 5
As Mr. Rader said, we consider the discovery orders of the Los Angeles
Superior Court judges as a very ominous threat to our First Amendment
rights of freedom of religion. He reminded us that 83 million other
Americans, as represented by their duly designated representatives, were
convinced this is true and joined us by urging the U.S. Supreme Court to
hear this case now.
Using the analogy that once a bell is rung it cannot be unrung, the Church
hoped to avoid a more hollow
victory
later as would be the
case
when we are
vindicated after we have already done what we felt would be contrary to
our basic constitutional rights. Mr. Rader noted that if the Supreme
Court had taken our case now "it would have saved us a lot of time, it
would have saved
v�
a lot
money, it would have saved us
D
lot of energy
and it would have brought the matter to resolution, we believe, very
quickly. We are very confident," he went on, "that when and if the
Supreme Court hears this case [it may yet be won at a lower court level],
there would be no possibility of the court ruling against us."
Since the Supreme Court is about to recess, the court wouldn't have heard
our oral argument until the fall. It wouldn't be handing down a decision
until late fall and meanwhile we would have to be defending ourselves in
the state courts. Mr. Rader further explained that the U.S. Supreme Court
is very reluctant to take a case that might win a major victory in a lower
court, thus making its involvement become moot.
From "P
Battle" to Real Conf
tation?
Mr. Rader pointed out that so far the Church has essentially waged a "paper
battle." Though we have emphasized that the first amendment is important
to us, "we have not been exposed to any real threat. In other words, we
haven't had to bite any bul
s, yet. We've simply said, 'No, we're not
going to do this. No, we're not going to do that' when we have gone into
court."
He went on to explain that the members of the Church here in the Southland
have already been in a showdown when they stood very strong against the
receiver early in 1979. "But the Church officers and directors have not
been put to that test as yet because it's been a paper battle." Mr. Rader
reminded us of
the
time Mr. Armstrong said early last year in a telephone
hookup from Tucson that when there is a conflict between God's law and
man's law, we must obey God's law. "So we may be coming closer and closer
to that confrontation."
So What Happens Next?
When asked in the forum what happens now, Mr. Rader said, "The next
move is fairly predictab
We have already tentatively, even prior to
this decision yesterday, worked out a schedule for the turnover of docu
ments, and the answering of interrogatories and the appearance for deposi
tion of certain people, beginning in August and running through November.
We have not made any such agreement with respect to Mr. Armstrong or me.
[Mr. Rader has already appeared for depositions three times]. We haven't
said that we would necessarily comply with that schedule either, but that
is the schedule that they, the state, and we are working toward. So that
would mean starting in August we would probably have some fireworks."