Category Archives: 1996 campaign season

“Make Us Choose the Harder Right Instead of the Easier Wrong”

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** NEW CONTENT: This updated blogpost includes expert medical/psych – sourced content re, e.g., forms of sexually-deviant behavior and the methods that child predators use to “groom” their victims and neuter the adults who’re supposed to keep the kids safe. An examination of why childhood sexual trauma not only damages lives present and yet to come but also rips away at the United States’ ability to protect itself from enemies foreign and domestic, has been added effective today, Thursday, 18 April 2019. These are substantial additions to the information previously made available at:

https://combatresearchandprose.com/2019/04/17/alliance-defending-freedom-an-arizona-based-christian-law-firm-treated-me-worse-than-any-of-my-fellow-lawyers-since-i-was-first-admitted-to-the-bar-in-1996-but-thats-not-why-i-told-them-theyre-3/

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https://combatresearchandprose.com/2019/04/01/to-fellow-lawyers-lets-allow-ourselves-some-grace-even-the-most-conscientious-among-us-can-make-a

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https://combatresearchandprose.com/2019/04/09/spending-my-year-long-break-from-college-working-on-warren-platts-product-liability-team-at-snell-and-wilmer-proved-pivotal-in-my-thinking-about-whether-to-become-a-lawyer-and-what-kind-of-legal-wor/

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Storey’s Hickory House: Arkansas ribs and home for a third-culture kid on 7th Avenue in Phoenix

https://combatresearchandprose.com/2019/04/01/4886/

*present adversaries excluded

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*Please note that I am licensed to practice law by the State of Tennessee, and I previously practiced under an Oklahoma law license. I have not sought an Arizona law license.

[As an aside for those in the Arizona legal community  – one would correctly gather from my recent post re my year of undergrad exposure to the practice of law, that the high standards that I’ve always expected of myself and of my fellow lawyers were first planted and nourished among the lawyers and staff at Snell & Wilmer.]

 

 

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NOTE RE REVISION AND REISSUE OF THIS BLOGPOST, EFFECTIVE THURSDAY, 18 APRIL 2019. 

  • Monday AM revised post and link includes names, addresses and contact info for hundreds of Episcopal Churches that have formally joined national political campaign of an LGBT 501(c)(3) whose website reports their vision is, when disrobed, really nothing better than  “ALL SEXUAL DEVIANCIES WELCOMED AND AFFIRMED,” and not just in the Episcopal Church and not just in the United States (according to their website, they’re penetrating other denominations and African nations too.)
  • [Wednesday PM] revision includes images from and links to Integrity USA’s 2013 Form 990, which confirm  that the 40-year-old Episcopal Church – LGBT organization which has been coordinating the well-lubed nationwide political campaign of 750 Episcopal churches et. al is doing so while benefiting from the United States government’s grant to Integrity of a 501(c)(3) designation.
  • [Wednesday PM] blogpost revision and reissue contains 2018 guide to NJ LGBT movers and shakers. Given the State’s official victimization of those this lawyer/ researcher/ author seeks to protect and by proximity being lip-locked with the state from which much tortious activity against presumptive plaintiff has been directed, included for the reader’s convenience is a link to New Jersey’s 2018 Insider Out 100: LGBT Power List – Insider NJ

https://www.insidernj.com/2018-insider-100-lgbt-power-list/

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[A NOTE RE LEGAL AUTHORITIES SUPPLIED BELOW:

The leading court decision that explains why the U.S. Constitution allows lawsuits in tort against religious organizations and their leaders is Guinn v. Collinsville Church of Christ, a 1989 opinion authored by a Polish law student turned World War II combat warrior, prisoner of war, and one of the sharpest minds to grace the Oklahoma Supreme Court. 

Four paragraphs from the Guinn opinion have been excerpted, unedited, and they appear later in this post. A link to the entire Guinn v. Collinsville Church of Christ court opinion is also provided. The paragraphs that follow those have – like the four paragraphs from Guinn – been excerpted without edit from other court decisions from Arizona, Illinois, New Jersey, and Tennessee. Other states in which state and/or federal courts have cited Guinn on or before 22 October 2018 include Hawaii, Washington, Michigan, Colorado, Texas, Massachusetts, Florida, Arkansas, Pennsylvania, Maryland, Connecticut, and Alabama. Citations to fifty-seven (57) court opinions in which Guinn v. Collinsville Church of Christ is cited follow the excerpts that appear later, in a section of this post titled “First Amendment to the United States Constitution authorizes civil lawsuit for damages against the Episcopal Church and its leaders – neither Ecclesiastical Abstention Doctrine nor Clergy – Penitent privilege applies.

  •  [Wednesday PM] revision and reissue of this blogpost also includes structural changes intended to make it easier for lawyers and other readers to access and review content, including fact checking. These include moving forward a video introduction by the author, duration 1 minute, 5 seconds. Also moved forward are 2 images reflecting this lawyer’s recent communications with Scottsdale, Arizona – based Christian law firm Alliance Defending Freedom.
  • Sexually assaulting kids destroys lives present and those yet to be born. But in many instances such crimes against children should be classified as national security crimes: they threaten the ability of the United States to protect itself against enemies foreign and domestic. A relevant excerpt from a research product re matters of foster care and military service, which was completed 27 September 2018 and which WILL see the light of day, has been incorporated into this blogpost as of Thursday morning, 18 April 2019.

 

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My decision to share the images of these two communications with Alliance Defending Freedom and to share my 2018 letter encouraging the Arizona Bar to, if applicable, give a break to a former opposing counsel who made a most inconvenient but good faith mistake reflects, among other considerations, my view that our profession, our clients, and the world of which we lawyers are integral components, benefit when we expect the highest standards of ourselves and of others.

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That said, I too cannot escape the tension between what I’ve just written and my occasional decision, for strategic and tactical reasons, to select crude and uncompromising language. To dispense with civility. 

While I won’t seek to justify these choices of wording by the conduct of  others, I am convinced that this small cluster of conflicts that I did not choose but which chose me carries the highest of stakes for my country, for those tasked with its protection and for their families, not to mention for future generations. The price of failure is so great that none of the legitimate and honorably deployable implements in my toolbox can be off-limits. Least of all, sharing with others those acts of unrepentant, local heroes who endanger the United States and the American people. Or, as in today’s update, sharing the 2013 IRS Form 990 filing of a non-profit organization that’s coordinating the Episcopal Church – LGBT’s nationwide political operation against the United States and the American people.

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The occasional sharp elbow use of profanity when creating content that’s intended to educate the policy crowd about fixable problems that are killing our past and present service members and their families is, to some degree, philosophical. To a great degree, it reflects some of what I think I’ve learned about America’s warriors over the past 18 months or so. To my way of thinking in April of 2019, those most likely to successfully tackle the job of, for example, cutting suicides among those with bad-paper discharges, are highly skilled, pissed off warriors who’re tired of seeing their brothers and sisters die when they don’t have to. 

It also seems that far too often I’ve resorted to a selection of crass, ill-mannered vernacular because it appears that nothing else makes me and my fellow civilians shut the hell up and listen to those who most know what they need from us and who know all too well what they’re not getting. To admit to ourselves – if we refuse to muster the humility to admit to our warriors and their families – that among those 20.6 suicides per day reported by U.S. Forces separated veterans, active duty military personnel, and guard and reserve members [AND THOSE ARE JUST THE VA – ELIGIBLE VETERANS] are good and honorable men and women who’ve done what our Nation asked of them only to hear from us day after day, “yep. checklist says you’ve got PTSD. take these pills and go away.”

Military news outlets have in the past 14 days or so reported on one suicide after another at the very VA Hospitals where these veterans tried to get help. I didn’t know the actual body count as of 18 April 2019. So I did a quick Google search that produced an article at Military.com titled “Parking Lot’ Suicides Roil VA Hospitals.”

That article’s almost two fucking years old.

https://www.military.com/daily-news/2017/08/14/parking-lot-suicides-roil-va-hospitals.html

Nearly 93% of Americans have never served in the military. Barely 7 percent of us have. So not only are we not listening to those who are the actual subject matter experts on matters like death and dying. But like Saturday Night Live’s Toonces the Driving Cat, naïve, uncurious, and devil-may-care we strap into our policy making SUVs and head off down the road. Always counting on a do-over. But in real life, that road’s littered with dead soldiers, sailors, Marines, and airmen – and those of their families – whose lives should have mattered far more to us than they do.

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For those who neither commit nor encourage others to commit crimes against the United States and the American people, some measure of civility will be attempted. But as any of our colleagues who know their way around the courthouse, it’s a no-brainer, that my training and experience predispose me to make a record and let the evidence do the talking.

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The kind of professional courtesy and respect for adversaries that I first saw modeled by, and which I learned from, the lawyers and staff at Snell & Wilmer has always characterized my dealing with those on the other side. Until the 18-month sometimes-legal, sometimes-criminal, coordinated kill mission that’s got so many Episcopal Church – LGBT allies frothing at the mouths, I’ve for the most part been able to expect similar courage, integrity, and professionalism. 

But when – as with St. Philips in Tucson – you’ve got a gay Episcopal Priest who’s trusted to minister to children, youth, and families – yet who aggressively argues in writing that an apparent on-line child predator who had to be reported to child sex crimes investigators, actually doesn’t exist at all and then he repeatedly refuses to let you meet with a church visitor who first appeared on that suspect’s incriminating Facebook page – then you’re not dealing with an adversary.

You’re dealing with an enemy.  

And, like the local heroes who operated a nationwide criminal conspiracy that smuggled hundreds of unvetted foreign nationals past those tasked with defending this Nation and then sent them far and wide with instructions as to how to avoid law enforcement, you’re dealing with an enemy of the State. 

You’re dealing with an enemy of the American people. 

You’re dealing with an enemy of America’s children. After all, that priest entrusted with children, youth, and families is among clergy and laity at more than 750 Episcopal Churches who’ve formally joined themselves together to support Integrity USA’s drive to see “people of all sexual orientations, gender identities, and gender expressions are welcomed and affirmed.

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Blevins FB image bottom half featuring mom's book excerpt 503 x 704

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“It’s a piece of cake.”

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Liberal hero whose nationwide conspiracy unleashed hundreds of unknown threats on the American public claims that the ones who really got the law wrong are the 3 federal judges who unanimously upheld his smuggling ring’s felony convictions. Oh yeah, and so did the rest of the judges on the notoriously liberal U.S. ‘9th Circus’ Court of Appeals  https://combatresearchandprose.com/2019/04/11/liberal-hero-whose-nationwide-conspiracy-unleashed-hundreds-of-unknown-threats-on-the-american-public-claims-that-the-ones-who-really-got-the-law-wrong-are-the-3-federal-judges-who-unanimously-upheld/amp/?__twitter_impression=true

But with 48,000 all-too-frequently life- and family-shattering state and federal collateral consequences of criminal convictions awaiting even those who avoid incarceration, civility’s not in the cards for felons who use their positions of trust to  prey on the unwary with claims that some very smart judges and some exceptionally diligent and careful law clerks don’t know what the hell they’re talking about.

 

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The threats to America and to its children – to America’s families – are existential. When the power of the State is by official edict used to obliterate the threadbare efforts of parents hanging on as best they can to raise their children to be the kinds of Americans the Nation can count on . . . the kinds of citizens who will live and do right . . . men and women of honor who will put duties to God and Country ahead of a pathetic wish to be “affirmed” and “welcomed” for the latest new place you’ve found to stick your dick, civility may have become an unaffordable luxury.

 

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Elections are supposed to have consequences, but they’re also supposed to present opportunities to fix what’s going wrong. So while I continue to present the documents that prove false those items of slander and libel against me that I’ve been able to identify, those same defamatory acts are part of a far more sinister effort than killing off an American lawyer and his demonstrated ability to produce work for the defence/intel/veterans national security communities. Well-supported, thorough research products that can help save some lives. Aggressive attempts at character murder are also components of another broadly arrayed kill mission against the U.S. Constitution, proper Constitutional process, and the will of the American people.

 

 

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page 1 of ckb article

 

page 2 of ckb article

 

 

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What’s this lawsuit that Christian law firm Alliance Defending Freedom (ADF) isn’t right for?

Here’s the 1-minute-5-second answer:

https://combatresearchandprose.com/2019/03/29/law-and-images-american-law-as-explained-in-first-amendment-opinion-cited-57-times-by-courts-across-the-country-authorizes-defamation-lawsuit-against-the-episcopal-church-and-its-lgbt-allie

Here’s the longer answer: 

The lawsuit is prompted by, inter alia, defamatory conduct a/k/a “character assassination” executed in 2017, 2018, and 2019 against a lawyer who authored a 2004 article in which he advocated to fellow attorneys that the U.S. Constitution should be amended to define “marriage” as only a heterosexual union and whose late father, an honorably discharged U.S. Army and U.S. Air Force veteran who served as the State of Arizona’s AIDS Health Program manager, publicly decried politicization by LGBT operatives of the public health response to the AIDS epidemic: “The only thing this new alliance seems to support in the delivery of services are efforts to assure the social and moral legitimacy of their alternative lifestyles.”

Numerous unsuccessful attempts by presumptive plaintiff to secure a satisfactory resolution for the anticipated parties to the lawsuit – a resolution that furthers applied research activities fbo past and present military service members and their families but which doesn’t require him to sue his former church et al. are offered as proof that he never consented to tortious and otherwise wrongful acts against him by certain clergy and lay members of the Episcopal Church, either before or after his written withdrawal from the Episcopal Church on 20 October 2018.

Perhaps one shouldn’t be surprised. It’s not just about gay marriage anymore. More than 750 Episcopal Churches – including some of the wealthiest and most powerful parishes on the planet – have willingly chosen to pursue the exact frightening future that I predicted back in my article back in 2004. Back then it was assumed that our children were safe.

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Child Sexual Abuse – PTSD: National Center for PTSD

https://www.ptsd.va.gov/professional/treat/type/sexual_abuse_child.asp

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The will of the people? F*** that! Where’s my lawyer?

This national-media published chronology shows the uninterrupted path that Americans took toward denying legal recognition to same-sex marriage, whether by legislation or by amendments to state constitutions. And it also shows what happened to the will of the people then.

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Prepping a kid for sexual assault:

http://victimsofcrime.org/media/reporting-on-child-sexual-abuse/grooming-dynamic-of-csa

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https://combatresearchandprose.com/2019/04/12/the-management-and-mismanagement-of-aids-in-the-united-states-carl-h-bloeser-m-a-p-a-m-p-h-former-aids-health-program-manager-state-of-arizona-remarks-to-eagle-forum-at-mesa-arizona-19-march

 

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Discernment’? Well, it’s sort of like ‘integrity.’ It doesn’t quite mean what it used to. The Episcopal Church-LGBT discernment process ‘WILL RESULT in your parish adopting an LGBT-specific welcoming statement and . . .’”

 

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Here’s a pop quiz for those of us attorneys who’ve served as legal advisors to non-profit organizations: Name one of most basic, elementary, no-brainer activities that an IRS designated 501(c)(3) MAY NOT DO?

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OP2013 990 https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A8c582f56-e9ad-4081-922d-d1b0c953d7cb

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The Episcopal Church’s comfortable relationships with those who unleash unvetted foreign nationals on the American people is among the matters identified in my 20 Oct 2018 letter of formal withdrawal from The Episcopal Church:

[added] An intentional or de facto alliance among convicted members of a late 1980’s human smuggling conspiracy – including my former boss in Tucson – who claimed God made them do it and those in the Episcopal Church who frequently make the same claim to support political activism in favor of illegal migrants seeking entry into the U.S. Neither the human smugglers whose convictions were upheld in 1989, United States v. Aguilar, 883 F.2d 662 (1989), their national networks described in the very first paragraph of the Court of Appeals’ opinion upholding their felony convictions,  https://openjurist.org/883/f2d/662  , nor my fellow Episcopalians have, as best I can tell, demonstrated or even voiced an interest in making sure that these folks don’t include those who threaten our nation’s national security. And as an August 2018 report reveals, this is a very real threat that’s raised concern and prompted action in presidential administrations both Republican and Democrat.https://cis.org/Report/Terrorist-Infiltration-Threat-Southwest-Border It’s hard for any of these folks to miss the fact that national security threats and the welfare of those tasked with defending the nation against them are matters that, more than any other issue, drive my research and publication activities.

 

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https://combatresearchandprose.com/2019/04/11/liberal-hero-whose-nationwide-conspiracy-unleashed-hundreds-of-unknown-threats-on-the-american-public-claims-that-the-ones-who-really-got-the-law-wrong-are-the-3-federal-judges-who-unanimously-upheld

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https://combatresearchandprose.com/2019/04/07/so-theyre-about-to-pull-the-737s-door-shut-when-your-granddaughter-overhears-someone-she-thinks-is-an-air-marshal-telling-the-pilot-that-an-as-yet-to-be-identified-someone-was-smuggled-past

 

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https://combatresearchandprose.com/2019/04/11/would-the-real-america-haters-please-stand-up-and-then-go-f-someone-elses-country

 

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[First Amendment to the United States Constitution authorizes civil lawsuit for damages against the Episcopal Church and its leaders – neither Ecclesiastical Abstention Doctrine nor Clergy – Penitent privilege applies: law and facts follow]

Update:

Screenshot (3027)Section 2(f) of this overview of law and facts features examples of four general tools of personal and professional character murder. But in recent weeks, presumptive defendants and their minions in the coming civil defamation action against the Episcopal Church / LGBT Alliance appear to have grown more aggressive in their dealings with this researcher and the work that he produces and releases. In addition to apparently obliterating before they can ever reach their destinations electronic communications that are clearly marked as “Confidential Privileged Communications” under both Attorney-Client Privilege and the Attorney Work Product Doctrine – new social media content from this lawyer is ever more quickly killed in the womb. But if that doesn’t work and that content manages to breathe life for even a moment, it’s killed as it exits the birth canal. 

Presumptive plaintiff has also been dispatched without cause from at least one Facebook group whose members regularly and significantly interacted with content intended for past and present U.S. Marines and those who support them. But data received from Facebook 14 Feb 2019 have been sanitized to remove all references to this lawyer ever having been in the group to begin with. Thank God for screenshots.

As images in part 2 of this digital memo reveal, presumptive defendants from, inter alia, as many as 750 Episcopal Churches that have formally committed themselves to “welcome and affirm” “ALL SEXUAL ORIENTATIONS, GENDER IDENTITIES, AND GENDER EXPRESSIONS,” have colluded through various means to murder, professionally and personally, the American lawyer who authored a 2004 article that advocated amending the U.S. Constitution to define “marriage” as a union only between one man and one woman. Recent data received from Facebook reveal that one of those methods is to flagrantly lie to lawyer’s national security/defense/veterans audience that plaintiff followed and has now stopped following pages that plaintiff never would have followed in the first place and which are inconsistent with everything lawyer has ever produced or participated in, These include pages such as “resist.bot” and pages dedicated to those whose interests include aggressively waging political war in pursuit of a socialist agenda.  

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Image attribution: The Followers, TV series, FOX Television

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Introduction

This document provides a summary overview of the law and facts that prompt and permit a lawsuit for civil damages against the Episcopal Church in the United States and certain of its gay-lesbian/LGBT allies and supporters. This action arises from defamatory conduct a/k/a “character assassination” executed in 2017, 2018, and 2019 against a lawyer who authored a 2004 article in which he advocated to fellow attorneys that the U.S. Constitution should be amended to define “marriage” as only a heterosexual union and whose late father, an honorably discharged U.S. Army and U.S. Air Force veteran who served as the State of Arizona’s AIDS Health Program manager, publicly decried politicization by LGBT operatives of the public health response to the AIDS epidemic: “The only thing this new alliance seems to support in the delivery of services are efforts to assure the social and moral legitimacy of their alternative lifestyles.”

Numerous unsuccessful attempts by presumptive plaintiff to secure a satisfactory resolution for the anticipated parties to the lawsuit – a resolution that furthers applied research activities fbo past and present military service members and their families but which doesn’t require him to sue his former church et al. are offered as proof that he never consented to tortious and otherwise wrongful acts against him by certain clergy and lay members of the Episcopal Church, either before or after his written withdrawal from the Episcopal Church on 20 October 2018. Perhaps one shouldn’t be surprised. 

Contents and organization:

This part of the blogpost has been released previously. It begins with a brief introduction to the constitutional law that makes this lawsuit possible and which allows for the award of monetary and non-monetary damages from both church and church leaders. Remarks from two justices – one state, the other federal – on the exercise and responsibilities of asserting one’s First Amendment rights in the American democracy, follow. And after those, the reader will be introduced to five categories of images, separated by the following previously published graphic timeline. This chronology shows the uninterrupted path that Americans took toward denying legal recognition to same-sex marriage, whether by legislation or by amendments to state constitutions. And it also shows what happened to the will of the people then.

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A. The first series of images reflects both the nature and the objectives of one or more formal or de facto alliances between the Episcopal Church (U.S.) and the LGBT community, including but not limited to formal relationships that have been entered into between my former parish church and Integrity USA, Inc., a 501(c)(3) coordinating a nationwide political campaign involving, at the least, more than 750 other Episcopal churches with which it has formal agreements;

B. Crushing those who express dissenting views of homosexuality, same-sex marriage, etc. has emerged as perhaps the predominant, or near predominant theme within the gay-lesbian/LGBT alliance, including among its members in more than 750 Episcopal churches in the United States – examples of these aggressive and, at times, unlawful activities comprise the second category of images presented here;

C. Presumptive plaintiff may indeed have been targeted for personal and professional destruction because he authored the “pro” side of a published debate among fellow lawyers as to whether the U.S. Constitution should be amended to define “marriage” as only a heterosexual union. But it was his late father, a military veteran who deployed his FBI training to fight syphilis and smallpox before agreeing to serve as the State of Arizona’s AIDS Health Program Manager, who went public about the intentional politicization of the public health response to the AIDS epidemic:

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The images in this third category chronicle the sins of both father and son. 

D. The images that comprise the fourth category allow us to establish, at least to some degree, a baseline for examining social media interaction with presumptive plaintiff’s vet-focused research products following the 22 January 2018 pivot away from a research focus that, in researcher’s view, examined only one of several symptoms of a larger problem that affects public policy for veterans and their families.

E. Much of the actionable activity that will be unearthed during the litigation of this case has so far been fraudulently concealed. So, too, have the identities of most perpetrators, whether in or out of the State of Arizona and whether in or out of the Episcopal Diocese of Arizona. Even so, screen shot images such as those that comprise this fifth category can be reasonably interpreted as pointing to identifiable tortious conduct by both clergy and lay members of the Episcopal Church – LGBT alliance and their supporters.  For the reason just mentioned, most of this category’s images are from 23 January 2018 and later. They’ve been segregated into groups of images that reflect one of four general tools of personal and professional character killing.

  • Images which reflect the wholesale removal of the audience(s) intended to benefit from presumptive plaintiff’s original or shared social media content, replaced by mongrel collections of professionals who time and again demonstrate neither the ability nor the inclination to use the content to improve and save lives; 
  • images reflecting formal and informal writings and digital communications as performed by those anticipated to be named as defendants or as witnesses; 
  • images which reveal the removal or non-placement on social media platforms [content alleged to be “abusive,” “unsafe,” and/or “against community standards”] of the identity and professional record of presumptive plaintiff; his original and shared social media content, and the vet-focused applied research initiative that needs to be funded and viable if he’s to retrieve and expand the thoughtful national security/military/veteran populations who are best able to use his research and publication activities to improve and save lives; and
  • images that reveal targeted attacks on original content authored by presumptive plaintiff’s now-deceased father and his mother, who has, after more than four years, completed a top-shelf historical memoir about our Cold War years spent in Africa.

This document ends with two items:

(a) images of four examples of presumptive plaintiff’s many attempts to secure a satisfactory and beneficial resolution to both real and phantom disputes with members of the Episcopal Church – LGBT alliance and which would have made this lawsuit unnecessary. I’ve had coffee or a meal with each of these persons.

(b) Images revealing the emasculation of the reasonably expected audience for an article that I wrote because an American combat veteran who’d simply been left to rot and die in a modern American jail asked me to tell his story in the hopes that others wouldn’t suffer his same fate. The editors at strifeblog.org, an internationally respected security blog from the Department of War Studies at Kings College London, wanted an international audience to know “Henry’s” story. Given pattern conduct, it’s more than reasonable to suspect members of the Episcopal Church – LGBT alliance as causing this injustice to a dead American soldier. My letter to DoD appears last.

I. American law, as it has developed over the last quarter-century, allows a plaintiff to sue a church and its leaders for damages from torts committed against him following the parishioner’s withdrawal of consent to church discipline.

amendment 1 in stone 200 x 300The leading court decision that explains why the U.S. Constitution allows such lawsuits is Guinn v. Collinsville Church of Christ, a 1989 opinion authored by a Polish law student turned World War II combat warrior and prisoner of war. 

Four paragraphs from the Guinn opinion have been excerpted, unedited, and they appear immediately below. A link to the entire Guinn v. Collinsville Church of Christ court opinion is also provided. The paragraphs that follow those have – like the four paragraphs from Guinn – been excerpted without edit from court decisions in Arizona, Illinois, New Jersey, and Tennessee. Other states in which state and/or federal courts have cited Guinn on or before 22 October 2018 include Hawaii, Washington, Michigan, Colorado, Texas, Massachusetts, Florida, Arkansas, Pennsylvania, Maryland, Connecticut, and Alabama. Citations to fifty-seven (57) court opinions in which Guinn v. Collinsville Church of Christ is cited follow these excerpts.

Not all of these court decisions rely on Guinn for the same reasons as those relevant in the defamation lawsuit against the Episcopal Church, et al.. But most do. Some of these court decisions cite Guinn for the same points of law as those relevant here, but they conclude that the facts in the cases they must decide are materially different from the facts in the Guinn case.

Oklahoma state seal 175 x 176Marian GUINN, Plaintiff-Appellee, v. The CHURCH OF CHRIST OF COLLINSVILLEOklahoma, a non-profit corporation; Allen Cash, Ted Moody and Ron Witten, Defendants-Appellants, 775 P.2d 766 (Okla. Supreme Court 1989) (Opala, VCJ)(excerpts)

. . .
¶25 “In defense of their actions the Elders claim that the Church of Christ has no doctrinal provision for withdrawal of membership. According to their beliefs, a member remains a part of the congregation for life. Like those who are born into a family, they may leave but they can never really sever the familial bond. A court’s determination that Parishioner effectively withdrew her membership and thus her consent to submit to church doctrine would, according to the Elders, be a constitutionally impermissible state usurpation of religious discipline accomplished through judicial interference.

¶26 “The Elders had never been confronted with a member who chose to withdraw from the church. Because disciplinary proceedings against Parishioner had already commenced when she withdrew her membership, the Elders concluded their actions could not be hindered by her withdrawal and would be protected by the First Amendment. Parishioner relies on her September 24, 1981 handwritten letter to the Elders in which she unequivocally stated that she withdrew her membership and terminated her consent to being treated as a member of the Church of Christ communion. By common-law standards we find her communication was an effective withdrawal of her membership and of her consent to religious discipline.

¶27 “Just as freedom to worship is protected by the First Amendment, so also is the liberty to recede from one’s religious allegiance.

. . .

¶56 “On remand, the trial court may consider the postwithdrawal tortious acts as not immune from secular judicature. For the commission of acts which occurred after Parishioner withdrew her church membership, the Elders are to be treated as any other secular individual. Among potentially tortious postwithdrawal acts was the communication of Parishioner’s religious transgressions to both the Collinsville and to the other four area Church of Christ congregations. Parishioner’s theories of recovery include but are not necessarily limited to invasion of privacy by publication of private facts and intentional infliction of mental distress (tort of outrage).”

Complete Guinn v. Collinsville Church of Christ opinion accessible via this link. All of these other cases are or have been available online within the last 90 days.  https://law.justia.com/cases/oklahoma/supreme-court/1989/10494.html

 

AZ Seal 200 x 225ARIZONA

James BARNES and Rose Mary Martinez-Barnes, husband and wife; Naomi Martinez Outlaw, in her individual capacity; Isaac Martinez, in his individual capacity, Plaintiffs/Appellees, v. James OUTLAW, Jr. and Cleopatra Outlaw, husband and wife; Andrew Outlaw, in his individual capacity; The Church Of Jesus, an Arizona non-profit corporation, Defendants/Appellants, 937 P.2d 323 (Arizona Court of Appeals, August 29, 1996; as amended on Denial of Reconsideration November 8, 1996; review denied and cross review granted May 20, 1997).

Ecclesiastical Abstention

“Appellants first contend that the trial court lacked subject matter jurisdiction under the doctrine of ecclesiastical abstention. They argue that Outlaw was motivated by a “biblical admonition” when he brought appellees’ conduct to the attention of the congregation during the “marking” and that the “essence” of the injuries appellees claimed was the termination of their relationship with the Church and its members. As a result, they contend, the trial court was barred from “addressing religious controversies which were beyond the jurisdiction of civil authority.”

“The doctrine of ecclesiastical abstention prohibits courts from determining issues of canon law. Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976). It is not applicable here because this dispute can be resolved without inquiry into religious law and polity. We need not consider the “marking” ritual nor its origins in resolving these issues. Outlaw revealed confidences from his counseling sessions with Naomi to Rose and threatened to publicize Rose’s involvement with Kirkland. He divulged confidences of Naomi, Rose, and Isaac to his wife, mother, sister, and the Church administrator and also relayed false information to them. There was no evidence that this conduct was part of the observance of the Church’s religious practices or beliefs; thus, the doctrine of ecclesiastical abstention has no bearing here. See Paul v. Watchtower Bible and Tract Society of New York, 819 F.2d 875, 878 n. 1 (9th Cir.), cert. denied, 484 U.S. 926, 108 S.Ct. 289, 98 L.Ed.2d 249 (1987).

“Moreover, appellants misstate appellees’ injury claims. In their complaint, appellees alleged intentional infliction of emotional distress, loss of consortium, damage to their reputations, and exposure to public ridicule and disgrace. That the injuries occurred in a religious setting does not render them noncompensable, nor does it deprive the court of jurisdiction. See McNair v. Worldwide Church of God, 197 Cal.App.3d 363242 Cal.Rptr. 823 (1987) (free exercise clause did not bar defamation claim against minister for remarks made during meeting explaining church doctrine); Hester v. Barnett, 723 S.W.2d 544 (Mo. App. 1987) (defamation claim against minister for statements made in sermons compensable); Guinn v. Church of Christ of Collinsville, 775 P.2d 766 (Okla. 1989) (intentional infliction of emotional distress and invasion of privacy claims based on continued denunciation of former member during church services actionable).”

illinois 200 x 199ILLINOIS

Richard DUNCAN and Hope Church, Plaintiffs-Appellants, v. Bervin PETERSON, Erwin Lutzer, and The Moody Church, Defendants-Appellees. 835 N.E.2d 411 (Appellate Court of Illinois, 2005)

Both sides cite to Guinn v. Church of Christ, 775 P.2d 766 (Okla.1989), in support of their positions. In Guinn, a former member of the church brought action against church elders for invasion of privacy and intentional infliction of emotional distress for disciplinary action they took against her before and after she withdrew her membership from the church. Guinn, 775 P.2d at 769.

“The Oklahoma court found that this was not the sort of private ecclesiastical controversy that the United States Supreme Court has deemed immune from judicial scrutiny. Guinn, 775 P.2d at 772, citing Serbian Orthodox Diocese, 426 U.S. at 713, 96 S.Ct. at 2382, 49 L.Ed.2d at 165. The Oklahoma court further opined that because the controversy concerned the allegedly tortious nature of religiously motivated acts and not their orthodoxy in relation to established church doctrine, the justification for judicial abstention was nonexistent and it did not apply to the case. Guinn, 775 P.2d at 773.”

New jersey seal 200 x 204NEW JERSEY

 F.G. v. MacDonnell, et al., 696 A.2d 697 (New Jersey Supreme Court 1997)

Courts in other jurisdictions have found that when purely secular conduct is at issue, they may hold churches and clerics liable for the effect of their conduct on third fiduciary duty, when the claims did not arise from ecclesiastical matters. Moses v. Diocese of Colorado, 863 P.2d 310, 323 (Colo. 1993), cert. denied, 511 U.S. 1137, 114 S.Ct. 2153, 128 L.Ed.2d 880 (1994). Similarly, an Oregon Court has concluded that claims for breach of fiduciary duty and intentional infliction of emotional distress did not violate the First Amendment. Erickson v. Christenson, 99 Or.App. 104781 P.2d 383, 386 (1989).

“Likewise, courts have recognized claims for intentional torts against clergymen. Thus, clergymen have been held liable for obtaining gifts and donations of money by fraud, Ballard, supra, 322 U.S. 78, 64 S.Ct. 882, 88 L.Ed. 1148; sexual assault, Mutual Service Cas. Ins. Co. v. Puhl,354 N.W.2d 900 (Minn. Ct. App. 1984); unlawful imprisonment, Whittaker v. Sandford, 110 Me. 77, 85 A. 399 (1912); alienation of affections, Hester v. Barnett, 723 S.W.2d 544, 555 (Mo. Ct. App. 1987); and for sexual harassment, intentional infliction of emotional distress, and defamation, Guinn v. Church of Christ, 775 P.2d 766, 785-86 (Okla. 1989).”

TN seal 200 x 200TENNESSEE

The Convention of the Protestant Episcopal Church in the Diocese of Tennessee, et al. v. The Rector, Wardens, and Vestrymen of St. Andrew’s Parish, a Tennessee corporation, M2010-01474-COA-R3-CV (Tenn. Ct. Appeals, Nashville, April 25, 2012)(affirming lower court’s decision in property dispute)

Although the United States Supreme Court’s statements regarding ecclesiastical abstention speak in terms of hierarchical church organizations, there is no reason to refuse to apply the First Amendment analysis to congregational churches or those religious organizations not hierarchical in structure. See Callahan v. First Congregational Church of Haverhill, 808 N.E.2d 301, 308 (Mass. 2004); Heard v. Johnson, 810 A.2d 871, 879 n.4 (D.C. Circ. 2002); Burgess v. Rock Creek Baptist Church, 734 F.Supp. at 31 n. 2; Guinn v. The Church of Christ of Collinsville, 775 P.2d 766, 771 n.18 (Okla. 1989). Where, as in the case before us, the religious body has adopted a hierarchical polity, it is not necessary to examine the application of the doctrine in other types of organizations.”

us consti 200 x 400On 22 October 2018, Leagle.com reported that Guinn v. Collinsville Church of Christ has been cited by the following 57 cases:

784 P.2d 1053 – VANNERSON v. BD. OF REGENTS OF UNIV. OF OKL., Supreme Court of Oklahoma.

794 P.2d 412 – BLANTON v. HOUSING AUTHORITY, Supreme Court of Oklahoma.

808 P.2d 640 – MATTER OF ESTATE OF POPE, Supreme Court of Oklahoma.

791 P.2d 84 – DEFFENBAUGH v. HUDSON, Supreme Court of Oklahoma.

820 P.2d 445 – REED v. SCOTT, Supreme Court of Oklahoma.

813 P.2d 508 – OHIO CAS. INS. CO. v. TODD, Supreme Court of Oklahoma.

766 F.Supp. 1018 – MARSHALL v. NELSON ELEC., United States District Court, N.D. Oklahoma.

954 F.2d 610 – IN RE SWEET, United States Court of Appeals, Tenth Circuit.

826 P.2d 978 – HADNOT v. SHAW, Supreme Court of Oklahoma.

844 P.2d 141 – FOWLER v. BAILEY, Supreme Court of Oklahoma.

857 P.2d 789 – BLADEN v. FIRST PRESBYTERIAN CHURCH, Supreme Court of Oklahoma.

863 P.2d 1189 – STATE EX REL. OKL. BAR ASS’N v. GASAWAY, Supreme Court of Oklahoma.

878 P.2d 360 – GILMORE v. ENOGEX, INC., Supreme Court of Oklahoma.

885 P.2d 361 – O’CONNOR v. DIOCESE OF HONOLULU, Supreme Court of Hawai`i.

75 Wn. App. 833 – KOREAN CHURCH v. LEE, The Court of Appeals of Washington, Division One.

188 Ariz. 401 – BARNES v. OUTLAW, Court of Appeals of Arizona, Division 2, Department B.

19 F.Supp.2d 1249 – ZERAN v. DIAMOND BROADCASTING, INC., United States District Court, W.D. Oklahoma.

150 N.J. 550 – F.G. v. MacDONELL, The Supreme Court of New Jersey.

592 N.W.2d 713 – SMITH v. CALVARY CHRISTIAN CHURCH, Court of Appeals of Michigan.

978 P.2d 520 – MOE v. WISE, Court of Appeals of Washington, Division 2.

998 P.2d 592 – N.H. v. PRESBYTERIAN CHURCH (U.S.A.), Supreme Court of Oklahoma.

989 P.2d 1148 – MOE v. WISE, Court of Appeals of Washington, Division 2.

987 P.2d 1185 – PATEL v. OMH MEDICAL CENTER, INC., Supreme Court of Oklahoma.

988 P.2d 1282 – ROWLAND v. CITY OF TULSA, Supreme Court of Oklahoma.

614 N.W.2d 590 – SMITH v. CALVARY CHRISTIAN CHURCH, Supreme Court of Michigan.

121 F.Supp.2d 1327 – BRYCE v. EPISCOPAL CHURCH IN DIOCESE OF COLORADO, United States District Court, D. Colorado.

26 S.W.3d 54 – WILLIAMS v. GLEASON, Court of Appeals of Texas, Houston (14th Dist.).

40 P.3d 481 – FRANCIS v. ROGERS, Supreme Court of Oklahoma.

34 P.3d 955 – SANDS v. LIVING WORD FELLOWSHIP, Supreme Court of Alaska.

55 P.3d 1012 – DANIELS v. UNION BAPTIST ASS’N, Supreme Court of Oklahoma.

60 P.3d 1072 – CINOCCA v. ORCRIST, INC., Court of Civil Appeals of Oklahoma, Division No. 3.

66 P.3d 364 – HEDGES v. HEDGES, Supreme Court of Oklahoma.

289 F.3d 648 – BRYCE v. EPISCOPAL CHURCH IN DIOCESE OF COLORADO, United States Court of Appeals, Tenth Circuit.

441 Mass. 699 – CALLAHAN v. FIRST CONGREGATIONAL CHURCH OF HAVERHILL, Supreme Judicial Court of Massachusetts, Su_olk.

835 N.E.2d 411 – DUNCAN v. PETERSON, Appellate Court of Illinois, Second District.

109 P.3d 326 – STATE, EX REL. OKLAHOMA BAR v. ANDERSON, Supreme Court of Oklahoma.

137 P.3d 1253 – TRICE v. BURRESS, Court of Civil Appeals of Oklahoma, Division No. 1.

945 So.2d 526 – MALICHI v. ARCHDIOCESE OF MIAMI, District Court of Appeal of Florida, First District.

238 S.W.3d 58 – CALVARY CHRISTIAN SCHOOL v. HUFFSTUTTLER, Supreme Court of Arkansas.

933 A.2d 92 – CONNOR v. ARCHDIOCESE OF PHILADELPHIA, Superior Court of Pennsylvania.

533 F.Supp.2d 567 – SNYDER v. PHELPS, United States District Court, D. Maryland.

177 P.3d 565 – GENS v. CASADY SCHOOL, Supreme Court of Oklahoma.

994 A.2d 212 – THIBODEAU v. AMERICAN BAPTIST CHURCHES, Appellate Court of Connecticut.

103 So.3d 40 – EX PARTE BOLE, Supreme Court of Alabama.

994 A.2d 212 – THIBODEAU v. AMERICAN BAPTIST CHURCHES, Appellate Court of Connecticut.

ZENERGY, INC. v. COLEMAN, United States District Court, N.D. Oklahoma.

897 F.Supp.2d 1109 – SCHLANGER INS. TRUST v. JOHN HANCOCK LIFE INS., United States District Court, N.D. Oklahoma.

PARK v. TRICAN WELL SERVICE, L.P., United States District Court, W.D. Oklahoma.

287 P.3d 397 – WRT REALTY, INC. v. BOSTON INV. GROUP II, Court of Civil Appeals of Oklahoma, Division No. 2.

2014 OK 100 – IN RE AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS, Supreme Court of Oklahoma.

368 P.3d 771 – IN RE M.K.T., Supreme Court of Oklahoma.

390 P.3d 238 – MATTER OF ESTATE OF VOSE, Supreme Court of Oklahoma.

2017 OK 15 – DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA, Supreme Court of Oklahoma.

2017 OK 106 – DOE v. FIRST PRESBYTERIAN CHURCH U.S.A., Supreme Court of Oklahoma.

975 A.2d 1084 – CONNOR v. ARCHDIOCESE OF PHILADELPHIA, Supreme Court of Pennsylvania.

CONVENTION OF PROTESTANT EPISCOPAL CHURCH IN DIOCESE OF TENNESSEE v. RECTOR, Court of Appeals of Tennessee, at Nashville.

264 S.W.3d 1 – PLEASANT GLADE ASSEMBLY OF GOD v. SCHUBERT, Supreme Court of Texas.

*** American democracy imposes responsibilities on those who dissent: two quotes from the courts and jurists

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[Image appears to be that of Ranger Weaver’s daughter, Savannah, who was 13 months old when her father’s Black Hawk was shot down, killing 8. More info: Rich McKay. FAMILY STUNNED OVER DEATH OF SOLDIER WHO DIDN’T HAVE TO BE IN IRAQ. South Florida Orlando Sun-Sentinel. 10 January 2004.]  https://www.sun-sentinel.com/news/fl-xpm-2004-01-10-0401100202-story.html

II. Images that point to, among other facts, the vapor trail of tortious and other unlawful activities against presumptive plaintiff. 

A. Nature and political goals of the Episcopal Church – LGBT alliance: “The will of the people? F*ck that. I want my lawyer.”

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“Discernment’? Well, it’s sort of like ‘integrity.’ It doesn’t quite mean what it used to. The Episcopal Church-LGBT discernment process ‘WILL RESULT in your parish adopting an LGBT-specific welcoming statement and . . .'” 

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B. Images reflecting efforts to crush those who dissent from the political goals of LGBT operatives, including those persons in and associated with the Episcopal Church

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Burning the pastoral letter of your Bishop isn’t enough to satisfy angry members of the Episcopal Church – LGBT alliance”: Bishop Love’s dissent in favor of traditional Christian values must be declared “conduct unbecoming a member of the clergy.”

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Following two quotes are excerpted from Presiding Bishop of the Episcopal Church (“PECUSA”) Michael C. Curry’s decision to punish an American military veteran – a single bishop who dared to challenge the Episcopal church and its LGBT political goals 

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Just one hour’s Google search: nearly two dozen public apologies:

 

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C. Images reflecting Sins of the Father and Sins of the Son committed against the political goals of the gay-lesbian/LGBT community

Father: Carl H. Bloeser, M.A.P.A., M.P.H. (3 January 1939 – 8 February 2014), U.S. Army and U.S.A.F. veteran and former State of Arizona AIDS Health Program Manager

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Son: Charles L.K. Bloeser, M.A., J.D., member, Bar of the State of Tennessee. Author of article advocating for a federal constitutional amendment that would define “marriage” as being only a heterosexual union.

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Charles Bloeser. The Right of the People to Protect Marriage as a Heterosexual Union. I Do. No, You Don’t: does gay marriage warrant amending the U.S. Constitution? Tulsa Law Magazine 15 (Fall 2004) (excerpt):

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Following paragraph is excerpted from presumptive plaintiff’s 20 October 2018 (revised) formal withdrawal from the Episcopal Church, delivered by email to the Presiding Bishop of the Episcopal Church Michael C. Curry, the Bishop for the Episcopal Diocese of Arizona, and the Rector and Associate Rector of St. Philips in the Hills Episcopal Church in Tucson, Arizona. 

“As recently as 6 October, I’ve again put in writing to the local U.S. Attorney’s office and to FBI cybercrime agents that I have no interest in seeing prosecutions and lawsuits against my adversaries in a fight over a structurally defective homeless assessment tool or adversaries from the Justice and National Security communities whom I inherited from my late father. [] My promise not to seek prison or money from those two groups does not, of course, extend without limit to adversaries and enemies trying, for other reasons, to destroy me and my high-quality record as a published lawyer and researcher.

This paragraph is excerpted from the above-referenced 6 October 2018 IC3 update.

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D. Images that permit establishment of a baseline for examining social media interaction with presumptive plaintiff’s vet-focused research products following the 22 January 2018

Baseline: the warriors

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Baseline: the analytics

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E.  Screen shot images which can be reasonably interpreted to point to and identify tortious acts executed against presumptive plaintiff, personally and professionally.

  • Wholesale removal of audience intended to benefit from shared information. Replaced by sordid collection of professionals who time and again reveal themselves to lack ability or inclination to use and share content with those who might be able to save a veteran’s life.  

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  • Writings, including digital communications, by presumptive defendants and witnesses, e.g., troll strike by Mr. Warren Pielak MBA, against my personal and professional integrity in LinkedIn group with nearly 10,000 members

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  •  JUST A FEW EXAMPLES: Presumptive plaintiff; his digital record of professional training, positions, and publications; and his original and shared social media content removed from public and group posts because such content is “abusive,” “unsafe,” and/or “against community standards”

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  • Images reasonably identifying targeted attacks on content created by presumptive plaintiff’s late father and by his mother.

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This document ends with two items:

(a) images of four examples of presumptive plaintiff’s many attempts to secure a satisfactory and beneficial resolution to both real and phantom disputes with members of the Episcopal Church – LGBT alliance and which would have made this lawsuit unnecessary. I’ve had coffee or a meal with each of these persons.

(b) Images revealing the emasculation of the reasonably expected audience for an article that I wrote because an American combat veteran who’d simply been left to rot and die in a modern American jail asked me to tell his story in the hopes that others wouldn’t suffer his same fate. The editors at strifeblog.org, an internationally respected security blog from the Department of War Studies at Kings College London, wanted an international audience to know “Henry’s” story. Given pattern conduct, it’s more than reasonable to suspect members of the Episcopal Church – LGBT alliance as causing this injustice to a dead American soldier. My letter to DoD appears last.

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*Fellow Sewanee alumni and my EfM mentors at St. Philips in the Hills, Tucson, for three years. Mr. Howell Herring is City of Tucson Deputy IT Director after having served in the same position for the City of Philadelphia.. Howell’s wife, Dr. Mary Hickert Herring, possesses a divinity degree from Virginia Theological Seminary and serves on the Vestry at St. Philips:

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*Mr. Clyde Kunz, consultant to non-profits whose past and present Tucson clients include the Southern Arizona AIDS Foundation, which is the former employer of the COO at Primavera Foundation in Tucson, Arizona. Mr. Kunz is an Episcopalian and, like Mr. Howell Herring, a mentor in Education for Ministry (EfM), a 4-year theological studies program operated out of the School of Theology at the University of the South (Sewanee)) and serving – with mentor message board and other resources – EfM groups in more than 800 churches. Like Primavera Foundation’s COO, Mr. Kunz is a member of the LGBT community. 

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*7 October 2018 email to Episcopal Church Deacon Leah Sandwell-Weiss, who serves at St. Philips in the Hills Episcopal Church, Tucson, AZ.

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Here’s a quote from a 14 November 2018 email in which I sought assistance resolving these matters from “Punch” Woods, a former Methodist missionary and retired head of the Southern Arizona Food Bank who’s been a long-time personal friend of two particularly recalcitrant adversaries: one of them who’s already demonstrated her experience “masterminding” and running a nationwide criminal conspiracy (United States v. Aguilar, []Margaret Jean HUTCHISON a/k/a Peggy Hutchison, et. al. 883 F.2d 662 (9th Cir. 1989)) and the other, a Divinity school graduate and former executive at Southern Arizona AIDS Foundation in Tucson, AZ.

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sign-on-gate-of-kings-college-london 265About Strife

What is Strife?
“Strife is a dual format publication comprised of Strife academic blog, as well as the peer-reviewed academic journal, Strife Journal, which is published biannually. Strife is led by doctoral and graduate researchers based in the Department of War Studies, King’s College London. Our contributors come from a wide range of backgrounds including graduate and doctoral researchers, staff and faculty at King’s, and leading experts from around the world.”

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Alliance Defending Freedom, an Arizona-based Christian Law Firm, Treated Me Worse than Any* of My Fellow Lawyers Since I Was First Admitted To The Bar in 1996. But That’s Not Why I Told Them They’re Not The Law Firm For This Case: If America and Her Children Are to be Saved, Christianity Must Not Get in the Way

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https://combatresearchandprose.com/2019/04/01/to-fellow-lawyers-lets-allow-ourselves-some-grace-even-the-most-conscientious-among-us-can-make-a

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https://combatresearchandprose.com/2019/04/09/spending-my-year-long-break-from-college-working-on-warren-platts-product-liability-team-at-snell-and-wilmer-proved-pivotal-in-my-thinking-about-whether-to-become-a-lawyer-and-what-kind-of-legal-wor/

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Storey’s Hickory House: Arkansas ribs and home for a third-culture kid on 7th Avenue in Phoenix

https://combatresearchandprose.com/2019/04/01/4886/

*present adversaries excluded

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NOTE RE REVISION AND REISSUE OF THIS BLOGPOST EFFECTIVE TUESDAY, 16 APRIL 2019. 

***Monday AM revised post and link includes names, addresses and contact info for hundreds of Episcopal Churches that have formally joined national political campaign of an LGBT 501(c)(3) whose website reports their vision is, when disrobed, really nothing better than  “ALL SEXUAL DEVIANCIES WELCOMED AND AFFIRMED,” and not just in the Episcopal Church and not just in the United States (according to their website, they’re penetrating other denominations and African nations too.)

*** Tuesday AM revision includes images from and links to Integrity USA’s 2013 Form 990, which confirm  that the 40-year-old Episcopal Church – LGBT organization which has been coordinating the well-lubed nationwide political campaign of 750 Episcopal churches et. al is doing so while benefiting from the United States government’s grant to Integrity of a 501(c)(3) designation.

*** Tuesday AM blogpost revision and reissue contains 2018 guide to NJ LGBT movers and shakers. Given the State’s official victimization of those this lawyer/ researcher/ author seeks to protect and by proximity being lip-locked with the state from which much tortious activity against presumptive plaintiff has been directed, included for the reader’s convenience is a link to New Jersey’s 2018 Insider Out 100: LGBT Power List – Insider NJ

https://www.insidernj.com/2018-insider-100-lgbt-power-list/

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[A NOTE RE LEGAL AUTHORITIES SUPPLIED BELOW: The leading court decision that explains why the U.S. Constitution allows lawsuits in tort against religious organizations and their leaders is Guinn v. Collinsville Church of Christ, a 1989 opinion authored by a Polish law student turned World War II combat warrior, prisoner of war, and one of the sharpest minds to grace the Oklahoma Supreme Court. 

Four paragraphs from the Guinn opinion have been excerpted, unedited, and they appear immediately below. A link to the entire Guinn v. Collinsville Church of Christ court opinion is also provided. The paragraphs that follow those have – like the four paragraphs from Guinn – been excerpted without edit from court decisions in Arizona, Illinois, New Jersey, and Tennessee. Other states in which state and/or federal courts have cited Guinn on or before 22 October 2018 include Hawaii, Washington, Michigan, Colorado, Texas, Massachusetts, Florida, Arkansas, Pennsylvania, Maryland, Connecticut, and Alabama. Citations to fifty-seven (57) court opinions in which Guinn v. Collinsville Church of Christ is cited follow these excerpts.]

 *** Tuesday AM revision and reissue of this blogpost also includes structural changes intended to make it easier for lawyers and other readers to access and review content, including fact checking. These include moving forward a video introduction by the author, duration 1 minute, 5 seconds. Also moved forward are 2 images reflecting this lawyer’s recent communications with Scottsdale, Arizona – based law firm Alliance Defending Freedom.

My decision to share the images of two of my communications with ADF and to share my 2018 letter encouraging the Arizona Bar to, if applicable, give a break to a former opposing counsel who made an inconvenient but good faith mistake reflects, among other considerations, my view that our profession, our clients, and the world of which we lawyers are integral components, benefit when we expect the highest standards of ourselves and of others.

That said, I too cannot escape the tension between what I’ve just written and my occasional decision, for strategic and tactical reasons, to select crude and uncompromising language. To dispense with civility. 

While I won’t seek to justify these choices of wording by the conduct of  others, I am convinced that this small cluster of conflicts that I did not choose but which chose me carries the highest of stakes for my country, for those tasked with its protection, and for their families, not to mention for future generations. The price of failure is so great that none of the legitimate and honorably deployable implements in my toolbox can be off-limits. Least of all, sharing with others those acts of unrepentant, local heroes who endanger the United States and the American people. Or, as in today’s update, sharing the 2013 IRS Form 990 filing of a non-profit organization that’s coordinating the Episcopal Church – LGBT’s nationwide political operation against the United States and the American people.

The occasional sharp elbow use of profanity when creating content that’s intended to educate the policy crowd about fixable problems that are killing our past and present service members and their families is, to some degree, philosophical. To a great degree, it reflects some of what I think I’ve learned about America’s warriors over the past 18 months or so. To my way of thinking in April of 2019, those most likely to successfully tackle the job of, for example, cutting suicides among those with bad-paper discharges, are highly skilled, pissed off warriors who’re tired of seeing their brothers and sisters die when they don’t have to.

This excerpt

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[excerpt re veterans being shut out of VJO due to bad paper discharges:]

“. . . The VA created a Veteran Justice Outreach (VJO) program with staff who provide case management and other supportive services to veterans to help them avoid unnecessary incarceration. However, the VJO Program can only assist VA-eligible veterans, . . . one-third of Veteran Treatment Courts do not allow veterans who are not “VA eligible” to participate in their programs at all.”
Legal Services Center, Harvard University, National Veterans Legal Services Program, & Swords to Ploughshares. (2016, March). Underserved: How the VA Wrongfully Excludes Veterans with Bad Paper. Cambridge, MA: Harvard. https://law.yale.edu/system/files/area/center/liman/document/underserved_liman_program.pdf

 

Too often I’ve considered it necessary to employ crass, ill-mannered vernacular as a last resort, a desperate plea to get those who claim to care but who too often don’t check facts, partner caring with competence, or demand accountability to focus on the men and women we’ll thank for their service just as long as those past and present military service members don’t tell us what that service was.

 

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How much civility I’ll extend to my adversaries on those rare occasions when I can actually identify specific acts of libel or slander requires a case-by-case decision. At least among our colleagues who know their way around the courthouse, it’s a no-brainer, of course, that my training and experience predispose me to make a record and let the evidence do the talking.

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But with 48,000 all-too-frequently life- and family-shattering state and federal collateral consequences of criminal convictions awaiting even those who avoid incarceration, civility’s not in the cards for felons who use their positions of trust to  prey on the unwary with claims that some very smart judges and some exceptionally diligent and careful law clerks don’t know what the hell they’re talking about.

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Elections are supposed to have consequences, but they’re also supposed to present opportunities to fix what’s going wrong. So while I continue to present the documents that prove false those items of slander and libel against me that I’ve been able to identify, those same defamatory acts are part of a far more sinister effort than killing off an American lawyer and his demonstrated ability to produce work for the defence/intel/veterans national security communities. Well-supported, thorough research products that can help save some lives. Aggressive attempts at character murder are also components of another broadly arrayed kill mission against the U.S. Constitution, proper Constitutional process, and the will of the American people.

 

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The threats to America and to its children – to America’s families – are existential. When the power of the State is by official edict used to obliterate the threadbare efforts of parents hanging on as best they can to raise their children to be the kinds of Americans the Nation can count on . . . the kinds of citizens who will live and do right . . . men and women of honor who will put duties to God and Country ahead of a pathetic wish to be “affirmed” and “welcomed” for the latest new place you’ve found to stick your dick, civility may have become an unaffordable luxury.

 

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as quoted in:

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[As an aside for those in the Arizona legal community  – one would correctly gather from my recent post re my year of undergrad exposure to the practice of law, that the high standards that I’ve always expected of myself and of my fellow lawyers were first planted and nourished among the lawyers and staff at Snell & Wilmer.]

 

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What’s this lawsuit that Christian law firm Alliance Defending Freedom (ADF) isn’t right for?

Here’s the 1-minute-5-second answer:

https://combatresearchandprose.com/2019/03/29/law-and-images-american-law-as-explained-in-first-amendment-opinion-cited-57-times-by-courts-across-the-country-authorizes-defamation-lawsuit-against-the-episcopal-church-and-its-lgbt-allie

Here’s the longer answer: 

The lawsuit is prompted by, inter alia, defamatory conduct a/k/a “character assassination” executed in 2017, 2018, and 2019 against a lawyer who authored a 2004 article in which he advocated to fellow attorneys that the U.S. Constitution should be amended to define “marriage” as only a heterosexual union and whose late father, an honorably discharged U.S. Army and U.S. Air Force veteran who served as the State of Arizona’s AIDS Health Program manager, publicly decried politicization by LGBT operatives of the public health response to the AIDS epidemic: “The only thing this new alliance seems to support in the delivery of services are efforts to assure the social and moral legitimacy of their alternative lifestyles.”

Numerous unsuccessful attempts by presumptive plaintiff to secure a satisfactory resolution for the anticipated parties to the lawsuit – a resolution that furthers applied research activities fbo past and present military service members and their families but which doesn’t require him to sue his former church et al. are offered as proof that he never consented to tortious and otherwise wrongful acts against him by certain clergy and lay members of the Episcopal Church, either before or after his written withdrawal from the Episcopal Church on 20 October 2018.

Perhaps one shouldn’t be surprised. It’s not just about gay marriage anymore. More than 750 Episcopal Churches – including some of the wealthiest and most powerful parishes on the planet – have willingly chosen to pursue the exact frightening future that I predicted back in my article back in 2004. Back then it was assumed that our children were safe.

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Child Sexual Abuse – PTSD: National Center for PTSD

https://www.ptsd.va.gov/professional/treat/type/sexual_abuse_child.asp

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The will of the people? F*** that! Where’s my lawyer?

This national-media published chronology shows the uninterrupted path that Americans took toward denying legal recognition to same-sex marriage, whether by legislation or by amendments to state constitutions. And it also shows what happened to the will of the people then.

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***

 

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Prepping a kid for sexual assault:

http://victimsofcrime.org/media/reporting-on-child-sexual-abuse/grooming-dynamic-of-csa

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https://combatresearchandprose.com/2019/04/12/the-management-and-mismanagement-of-aids-in-the-united-states-carl-h-bloeser-m-a-p-a-m-p-h-former-aids-health-program-manager-state-of-arizona-remarks-to-eagle-forum-at-mesa-arizona-19-march

 

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Discernment’? Well, it’s sort of like ‘integrity.’ It doesn’t quite mean what it used to. The Episcopal Church-LGBT discernment process ‘WILL RESULT in your parish adopting an LGBT-specific welcoming statement and . . .’”

 

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Here’s a pop quiz for those of us attorneys who’ve served as legal advisors to non-profit organizations: Name one of most basic, elementary, no-brainer activities that an IRS designated 501(c)(3) MAY NOT DO?

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OP2013 990 https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A8c582f56-e9ad-4081-922d-d1b0c953d7cb

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2ne

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The Episcopal Church’s comfortable relationships with those who unleash unvetted foreign nationals on the American people is among the matters identified in my 20 Oct 2018 letter of formal withdrawal from The Episcopal Church:

[added] An intentional or de facto alliance among convicted members of a late 1980’s human smuggling conspiracy – including my former boss in Tucson – who claimed God made them do it and those in the Episcopal Church who frequently make the same claim to support political activism in favor of illegal migrants seeking entry into the U.S. Neither the human smugglers whose convictions were upheld in 1989, United States v. Aguilar, 883 F.2d 662 (1989), their national networks described in the very first paragraph of the Court of Appeals’ opinion upholding their felony convictions,  https://openjurist.org/883/f2d/662  , nor my fellow Episcopalians have, as best I can tell, demonstrated or even voiced an interest in making sure that these folks don’t include those who threaten our nation’s national security. And as an August 2018 report reveals, this is a very real threat that’s raised concern and prompted action in presidential administrations both Republican and Democrat.https://cis.org/Report/Terrorist-Infiltration-Threat-Southwest-Border It’s hard for any of these folks to miss the fact that national security threats and the welfare of those tasked with defending the nation against them are matters that, more than any other issue, drive my research and publication activities.

 

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https://combatresearchandprose.com/2019/04/11/liberal-hero-whose-nationwide-conspiracy-unleashed-hundreds-of-unknown-threats-on-the-american-public-claims-that-the-ones-who-really-got-the-law-wrong-are-the-3-federal-judges-who-unanimously-upheld

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https://combatresearchandprose.com/2019/04/07/so-theyre-about-to-pull-the-737s-door-shut-when-your-granddaughter-overhears-someone-she-thinks-is-an-air-marshal-telling-the-pilot-that-an-as-yet-to-be-identified-someone-was-smuggled-past

 

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https://combatresearchandprose.com/2019/04/11/would-the-real-america-haters-please-stand-up-and-then-go-f-someone-elses-country

 

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Update

Screenshot (3027)Section 2(f) of this overview of law and facts features examples of four general tools of personal and professional character murder. But in recent weeks, presumptive defendants and their minions in the coming civil defamation action against the Episcopal Church / LGBT Alliance appear to have grown more aggressive in their dealings with this researcher and the work that he produces and releases. In addition to apparently obliterating before they can ever reach their destinations electronic communications that are clearly marked as “Confidential Privileged Communications” under both Attorney-Client Privilege and the Attorney Work Product Doctrine – new social media content from this lawyer is ever more quickly killed in the womb. But if that doesn’t work and that content manages to breathe life for even a moment, it’s killed as it exits the birth canal. 

Presumptive plaintiff has also been dispatched without cause from at least one Facebook group whose members regularly and significantly interacted with content intended for past and present U.S. Marines and those who support them. But data received from Facebook 14 Feb 2019 have been sanitized to remove all references to this lawyer ever having been in the group to begin with. Thank God for screenshots.

As images in part 2 of this digital memo reveal, presumptive defendants from, inter alia, as many as 750 Episcopal Churches that have formally committed themselves to “welcome and affirm” “ALL SEXUAL ORIENTATIONS, GENDER IDENTITIES, AND GENDER EXPRESSIONS,” have colluded through various means to murder, professionally and personally, the American lawyer who authored a 2004 article that advocated amending the U.S. Constitution to define “marriage” as a union only between one man and one woman. Recent data received from Facebook reveal that one of those methods is to flagrantly lie to lawyer’s national security/defense/veterans audience that plaintiff followed and has now stopped following pages that plaintiff never would have followed in the first place and which are inconsistent with everything lawyer has ever produced or participated in, These include pages such as “resist.bot” and pages dedicated to those whose interests include aggressively waging political war in pursuit of a socialist agenda.  

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Image attribution: The Followers, TV series, FOX Television

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Introduction

This document provides a summary overview of the law and facts that prompt and permit a lawsuit for civil damages against the Episcopal Church in the United States and certain of its gay-lesbian/LGBT allies and supporters. This action arises from defamatory conduct a/k/a “character assassination” executed in 2017, 2018, and 2019 against a lawyer who authored a 2004 article in which he advocated to fellow attorneys that the U.S. Constitution should be amended to define “marriage” as only a heterosexual union and whose late father, an honorably discharged U.S. Army and U.S. Air Force veteran who served as the State of Arizona’s AIDS Health Program manager, publicly decried politicization by LGBT operatives of the public health response to the AIDS epidemic: “The only thing this new alliance seems to support in the delivery of services are efforts to assure the social and moral legitimacy of their alternative lifestyles.”

Numerous unsuccessful attempts by presumptive plaintiff to secure a satisfactory resolution for the anticipated parties to the lawsuit – a resolution that furthers applied research activities fbo past and present military service members and their families but which doesn’t require him to sue his former church et al. are offered as proof that he never consented to tortious and otherwise wrongful acts against him by certain clergy and lay members of the Episcopal Church, either before or after his written withdrawal from the Episcopal Church on 20 October 2018. Perhaps one shouldn’t be surprised. 

Contents and organization:

This part of the blogpost has been released previously. It begins with a brief introduction to the constitutional law that makes this lawsuit possible and which allows for the award of monetary and non-monetary damages from both church and church leaders. Remarks from two justices – one state, the other federal – on the exercise and responsibilities of asserting one’s First Amendment rights in the American democracy, follow. And after those, the reader will be introduced to five categories of images, separated by the following previously published graphic timeline. This chronology shows the uninterrupted path that Americans took toward denying legal recognition to same-sex marriage, whether by legislation or by amendments to state constitutions. And it also shows what happened to the will of the people then.

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A. The first series of images reflects both the nature and the objectives of one or more formal or de facto alliances between the Episcopal Church (U.S.) and the LGBT community, including but not limited to formal relationships that have been entered into between my former parish church and Integrity USA, Inc., a 501(c)(3) coordinating a nationwide political campaign involving, at the least, more than 750 other Episcopal churches with which it has formal agreements;

B. Crushing those who express dissenting views of homosexuality, same-sex marriage, etc. has emerged as perhaps the predominant, or near predominant theme within the gay-lesbian/LGBT alliance, including among its members in more than 750 Episcopal churches in the United States – examples of these aggressive and, at times, unlawful activities comprise the second category of images presented here;

C. Presumptive plaintiff may indeed have been targeted for personal and professional destruction because he authored the “pro” side of a published debate among fellow lawyers as to whether the U.S. Constitution should be amended to define “marriage” as only a heterosexual union. But it was his late father, a military veteran who deployed his FBI training to fight syphilis and smallpox before agreeing to serve as the State of Arizona’s AIDS Health Program Manager, who went public about the intentional politicization of the public health response to the AIDS epidemic:

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The images in this third category chronicle the sins of both father and son. 

D. The images that comprise the fourth category allow us to establish, at least to some degree, a baseline for examining social media interaction with presumptive plaintiff’s vet-focused research products following the 22 January 2018 pivot away from a research focus that, in researcher’s view, examined only one of several symptoms of a larger problem that affects public policy for veterans and their families.

E. Much of the actionable activity that will be unearthed during the litigation of this case has so far been fraudulently concealed. So, too, have the identities of most perpetrators, whether in or out of the State of Arizona and whether in or out of the Episcopal Diocese of Arizona. Even so, screen shot images such as those that comprise this fifth category can be reasonably interpreted as pointing to identifiable tortious conduct by both clergy and lay members of the Episcopal Church – LGBT alliance and their supporters.  For the reason just mentioned, most of this category’s images are from 23 January 2018 and later. They’ve been segregated into groups of images that reflect one of four general tools of personal and professional character killing.

  • Images which reflect the wholesale removal of the audience(s) intended to benefit from presumptive plaintiff’s original or shared social media content, replaced by mongrel collections of professionals who time and again demonstrate neither the ability nor the inclination to use the content to improve and save lives; 
  • images reflecting formal and informal writings and digital communications as performed by those anticipated to be named as defendants or as witnesses; 
  • images which reveal the removal or non-placement on social media platforms [content alleged to be “abusive,” “unsafe,” and/or “against community standards”] of the identity and professional record of presumptive plaintiff; his original and shared social media content, and the vet-focused applied research initiative that needs to be funded and viable if he’s to retrieve and expand the thoughtful national security/military/veteran populations who are best able to use his research and publication activities to improve and save lives; and
  • images that reveal targeted attacks on original content authored by presumptive plaintiff’s now-deceased father and his mother, who has, after more than four years, completed a top-shelf historical memoir about our Cold War years spent in Africa.

This document ends with two items:

(a) images of four examples of presumptive plaintiff’s many attempts to secure a satisfactory and beneficial resolution to both real and phantom disputes with members of the Episcopal Church – LGBT alliance and which would have made this lawsuit unnecessary. I’ve had coffee or a meal with each of these persons.

(b) Images revealing the emasculation of the reasonably expected audience for an article that I wrote because an American combat veteran who’d simply been left to rot and die in a modern American jail asked me to tell his story in the hopes that others wouldn’t suffer his same fate. The editors at strifeblog.org, an internationally respected security blog from the Department of War Studies at Kings College London, wanted an international audience to know “Henry’s” story. Given pattern conduct, it’s more than reasonable to suspect members of the Episcopal Church – LGBT alliance as causing this injustice to a dead American soldier. My letter to DoD appears last.

I. American law, as it has developed over the last quarter-century, allows a plaintiff to sue a church and its leaders for damages from torts committed against him following the parishioner’s withdrawal of consent to church discipline.

amendment 1 in stone 200 x 300The leading court decision that explains why the U.S. Constitution allows such lawsuits is Guinn v. Collinsville Church of Christ, a 1989 opinion authored by a Polish law student turned World War II combat warrior and prisoner of war. 

Four paragraphs from the Guinn opinion have been excerpted, unedited, and they appear immediately below. A link to the entire Guinn v. Collinsville Church of Christ court opinion is also provided. The paragraphs that follow those have – like the four paragraphs from Guinn – been excerpted without edit from court decisions in Arizona, Illinois, New Jersey, and Tennessee. Other states in which state and/or federal courts have cited Guinn on or before 22 October 2018 include Hawaii, Washington, Michigan, Colorado, Texas, Massachusetts, Florida, Arkansas, Pennsylvania, Maryland, Connecticut, and Alabama. Citations to fifty-seven (57) court opinions in which Guinn v. Collinsville Church of Christ is cited follow these excerpts.

Not all of these court decisions rely on Guinn for the same reasons as those relevant in the defamation lawsuit against the Episcopal Church, et al.. But most do. Some of these court decisions cite Guinn for the same points of law as those relevant here, but they conclude that the facts in the cases they must decide are materially different from the facts in the Guinn case.

Oklahoma state seal 175 x 176Marian GUINN, Plaintiff-Appellee, v. The CHURCH OF CHRIST OF COLLINSVILLEOklahoma, a non-profit corporation; Allen Cash, Ted Moody and Ron Witten, Defendants-Appellants, 775 P.2d 766 (Okla. Supreme Court 1989) (Opala, VCJ)(excerpts)

. . .
¶25 “In defense of their actions the Elders claim that the Church of Christ has no doctrinal provision for withdrawal of membership. According to their beliefs, a member remains a part of the congregation for life. Like those who are born into a family, they may leave but they can never really sever the familial bond. A court’s determination that Parishioner effectively withdrew her membership and thus her consent to submit to church doctrine would, according to the Elders, be a constitutionally impermissible state usurpation of religious discipline accomplished through judicial interference.

¶26 “The Elders had never been confronted with a member who chose to withdraw from the church. Because disciplinary proceedings against Parishioner had already commenced when she withdrew her membership, the Elders concluded their actions could not be hindered by her withdrawal and would be protected by the First Amendment. Parishioner relies on her September 24, 1981 handwritten letter to the Elders in which she unequivocally stated that she withdrew her membership and terminated her consent to being treated as a member of the Church of Christ communion. By common-law standards we find her communication was an effective withdrawal of her membership and of her consent to religious discipline.

¶27 “Just as freedom to worship is protected by the First Amendment, so also is the liberty to recede from one’s religious allegiance.

. . .

¶56 “On remand, the trial court may consider the postwithdrawal tortious acts as not immune from secular judicature. For the commission of acts which occurred after Parishioner withdrew her church membership, the Elders are to be treated as any other secular individual. Among potentially tortious postwithdrawal acts was the communication of Parishioner’s religious transgressions to both the Collinsville and to the other four area Church of Christ congregations. Parishioner’s theories of recovery include but are not necessarily limited to invasion of privacy by publication of private facts and intentional infliction of mental distress (tort of outrage).”

Complete Guinn v. Collinsville Church of Christ opinion accessible via this link. All of these other cases are or have been available online within the last 90 days.  https://law.justia.com/cases/oklahoma/supreme-court/1989/10494.html

 

AZ Seal 200 x 225ARIZONA

James BARNES and Rose Mary Martinez-Barnes, husband and wife; Naomi Martinez Outlaw, in her individual capacity; Isaac Martinez, in his individual capacity, Plaintiffs/Appellees, v. James OUTLAW, Jr. and Cleopatra Outlaw, husband and wife; Andrew Outlaw, in his individual capacity; The Church Of Jesus, an Arizona non-profit corporation, Defendants/Appellants, 937 P.2d 323 (Arizona Court of Appeals, August 29, 1996; as amended on Denial of Reconsideration November 8, 1996; review denied and cross review granted May 20, 1997).

Ecclesiastical Abstention

“Appellants first contend that the trial court lacked subject matter jurisdiction under the doctrine of ecclesiastical abstention. They argue that Outlaw was motivated by a “biblical admonition” when he brought appellees’ conduct to the attention of the congregation during the “marking” and that the “essence” of the injuries appellees claimed was the termination of their relationship with the Church and its members. As a result, they contend, the trial court was barred from “addressing religious controversies which were beyond the jurisdiction of civil authority.”

“The doctrine of ecclesiastical abstention prohibits courts from determining issues of canon law. Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976). It is not applicable here because this dispute can be resolved without inquiry into religious law and polity. We need not consider the “marking” ritual nor its origins in resolving these issues. Outlaw revealed confidences from his counseling sessions with Naomi to Rose and threatened to publicize Rose’s involvement with Kirkland. He divulged confidences of Naomi, Rose, and Isaac to his wife, mother, sister, and the Church administrator and also relayed false information to them. There was no evidence that this conduct was part of the observance of the Church’s religious practices or beliefs; thus, the doctrine of ecclesiastical abstention has no bearing here. See Paul v. Watchtower Bible and Tract Society of New York, 819 F.2d 875, 878 n. 1 (9th Cir.), cert. denied, 484 U.S. 926, 108 S.Ct. 289, 98 L.Ed.2d 249 (1987).

“Moreover, appellants misstate appellees’ injury claims. In their complaint, appellees alleged intentional infliction of emotional distress, loss of consortium, damage to their reputations, and exposure to public ridicule and disgrace. That the injuries occurred in a religious setting does not render them noncompensable, nor does it deprive the court of jurisdiction. See McNair v. Worldwide Church of God, 197 Cal.App.3d 363242 Cal.Rptr. 823 (1987) (free exercise clause did not bar defamation claim against minister for remarks made during meeting explaining church doctrine); Hester v. Barnett, 723 S.W.2d 544 (Mo. App. 1987) (defamation claim against minister for statements made in sermons compensable); Guinn v. Church of Christ of Collinsville, 775 P.2d 766 (Okla. 1989) (intentional infliction of emotional distress and invasion of privacy claims based on continued denunciation of former member during church services actionable).”

illinois 200 x 199ILLINOIS

Richard DUNCAN and Hope Church, Plaintiffs-Appellants, v. Bervin PETERSON, Erwin Lutzer, and The Moody Church, Defendants-Appellees. 835 N.E.2d 411 (Appellate Court of Illinois, 2005)

Both sides cite to Guinn v. Church of Christ, 775 P.2d 766 (Okla.1989), in support of their positions. In Guinn, a former member of the church brought action against church elders for invasion of privacy and intentional infliction of emotional distress for disciplinary action they took against her before and after she withdrew her membership from the church. Guinn, 775 P.2d at 769.

“The Oklahoma court found that this was not the sort of private ecclesiastical controversy that the United States Supreme Court has deemed immune from judicial scrutiny. Guinn, 775 P.2d at 772, citing Serbian Orthodox Diocese, 426 U.S. at 713, 96 S.Ct. at 2382, 49 L.Ed.2d at 165. The Oklahoma court further opined that because the controversy concerned the allegedly tortious nature of religiously motivated acts and not their orthodoxy in relation to established church doctrine, the justification for judicial abstention was nonexistent and it did not apply to the case. Guinn, 775 P.2d at 773.”

New jersey seal 200 x 204NEW JERSEY

 F.G. v. MacDonnell, et al., 696 A.2d 697 (New Jersey Supreme Court 1997)

Courts in other jurisdictions have found that when purely secular conduct is at issue, they may hold churches and clerics liable for the effect of their conduct on third fiduciary duty, when the claims did not arise from ecclesiastical matters. Moses v. Diocese of Colorado, 863 P.2d 310, 323 (Colo. 1993), cert. denied, 511 U.S. 1137, 114 S.Ct. 2153, 128 L.Ed.2d 880 (1994). Similarly, an Oregon Court has concluded that claims for breach of fiduciary duty and intentional infliction of emotional distress did not violate the First Amendment. Erickson v. Christenson, 99 Or.App. 104781 P.2d 383, 386 (1989).

“Likewise, courts have recognized claims for intentional torts against clergymen. Thus, clergymen have been held liable for obtaining gifts and donations of money by fraud, Ballard, supra, 322 U.S. 78, 64 S.Ct. 882, 88 L.Ed. 1148; sexual assault, Mutual Service Cas. Ins. Co. v. Puhl,354 N.W.2d 900 (Minn. Ct. App. 1984); unlawful imprisonment, Whittaker v. Sandford, 110 Me. 77, 85 A. 399 (1912); alienation of affections, Hester v. Barnett, 723 S.W.2d 544, 555 (Mo. Ct. App. 1987); and for sexual harassment, intentional infliction of emotional distress, and defamation, Guinn v. Church of Christ, 775 P.2d 766, 785-86 (Okla. 1989).”

TN seal 200 x 200TENNESSEE

The Convention of the Protestant Episcopal Church in the Diocese of Tennessee, et al. v. The Rector, Wardens, and Vestrymen of St. Andrew’s Parish, a Tennessee corporation, M2010-01474-COA-R3-CV (Tenn. Ct. Appeals, Nashville, April 25, 2012)(affirming lower court’s decision in property dispute)

Although the United States Supreme Court’s statements regarding ecclesiastical abstention speak in terms of hierarchical church organizations, there is no reason to refuse to apply the First Amendment analysis to congregational churches or those religious organizations not hierarchical in structure. See Callahan v. First Congregational Church of Haverhill, 808 N.E.2d 301, 308 (Mass. 2004); Heard v. Johnson, 810 A.2d 871, 879 n.4 (D.C. Circ. 2002); Burgess v. Rock Creek Baptist Church, 734 F.Supp. at 31 n. 2; Guinn v. The Church of Christ of Collinsville, 775 P.2d 766, 771 n.18 (Okla. 1989). Where, as in the case before us, the religious body has adopted a hierarchical polity, it is not necessary to examine the application of the doctrine in other types of organizations.”

us consti 200 x 400On 22 October 2018, Leagle.com reported that Guinn v. Collinsville Church of Christ has been cited by the following 57 cases:

784 P.2d 1053 – VANNERSON v. BD. OF REGENTS OF UNIV. OF OKL., Supreme Court of Oklahoma.

794 P.2d 412 – BLANTON v. HOUSING AUTHORITY, Supreme Court of Oklahoma.

808 P.2d 640 – MATTER OF ESTATE OF POPE, Supreme Court of Oklahoma.

791 P.2d 84 – DEFFENBAUGH v. HUDSON, Supreme Court of Oklahoma.

820 P.2d 445 – REED v. SCOTT, Supreme Court of Oklahoma.

813 P.2d 508 – OHIO CAS. INS. CO. v. TODD, Supreme Court of Oklahoma.

766 F.Supp. 1018 – MARSHALL v. NELSON ELEC., United States District Court, N.D. Oklahoma.

954 F.2d 610 – IN RE SWEET, United States Court of Appeals, Tenth Circuit.

826 P.2d 978 – HADNOT v. SHAW, Supreme Court of Oklahoma.

844 P.2d 141 – FOWLER v. BAILEY, Supreme Court of Oklahoma.

857 P.2d 789 – BLADEN v. FIRST PRESBYTERIAN CHURCH, Supreme Court of Oklahoma.

863 P.2d 1189 – STATE EX REL. OKL. BAR ASS’N v. GASAWAY, Supreme Court of Oklahoma.

878 P.2d 360 – GILMORE v. ENOGEX, INC., Supreme Court of Oklahoma.

885 P.2d 361 – O’CONNOR v. DIOCESE OF HONOLULU, Supreme Court of Hawai`i.

75 Wn. App. 833 – KOREAN CHURCH v. LEE, The Court of Appeals of Washington, Division One.

188 Ariz. 401 – BARNES v. OUTLAW, Court of Appeals of Arizona, Division 2, Department B.

19 F.Supp.2d 1249 – ZERAN v. DIAMOND BROADCASTING, INC., United States District Court, W.D. Oklahoma.

150 N.J. 550 – F.G. v. MacDONELL, The Supreme Court of New Jersey.

592 N.W.2d 713 – SMITH v. CALVARY CHRISTIAN CHURCH, Court of Appeals of Michigan.

978 P.2d 520 – MOE v. WISE, Court of Appeals of Washington, Division 2.

998 P.2d 592 – N.H. v. PRESBYTERIAN CHURCH (U.S.A.), Supreme Court of Oklahoma.

989 P.2d 1148 – MOE v. WISE, Court of Appeals of Washington, Division 2.

987 P.2d 1185 – PATEL v. OMH MEDICAL CENTER, INC., Supreme Court of Oklahoma.

988 P.2d 1282 – ROWLAND v. CITY OF TULSA, Supreme Court of Oklahoma.

614 N.W.2d 590 – SMITH v. CALVARY CHRISTIAN CHURCH, Supreme Court of Michigan.

121 F.Supp.2d 1327 – BRYCE v. EPISCOPAL CHURCH IN DIOCESE OF COLORADO, United States District Court, D. Colorado.

26 S.W.3d 54 – WILLIAMS v. GLEASON, Court of Appeals of Texas, Houston (14th Dist.).

40 P.3d 481 – FRANCIS v. ROGERS, Supreme Court of Oklahoma.

34 P.3d 955 – SANDS v. LIVING WORD FELLOWSHIP, Supreme Court of Alaska.

55 P.3d 1012 – DANIELS v. UNION BAPTIST ASS’N, Supreme Court of Oklahoma.

60 P.3d 1072 – CINOCCA v. ORCRIST, INC., Court of Civil Appeals of Oklahoma, Division No. 3.

66 P.3d 364 – HEDGES v. HEDGES, Supreme Court of Oklahoma.

289 F.3d 648 – BRYCE v. EPISCOPAL CHURCH IN DIOCESE OF COLORADO, United States Court of Appeals, Tenth Circuit.

441 Mass. 699 – CALLAHAN v. FIRST CONGREGATIONAL CHURCH OF HAVERHILL, Supreme Judicial Court of Massachusetts, Su_olk.

835 N.E.2d 411 – DUNCAN v. PETERSON, Appellate Court of Illinois, Second District.

109 P.3d 326 – STATE, EX REL. OKLAHOMA BAR v. ANDERSON, Supreme Court of Oklahoma.

137 P.3d 1253 – TRICE v. BURRESS, Court of Civil Appeals of Oklahoma, Division No. 1.

945 So.2d 526 – MALICHI v. ARCHDIOCESE OF MIAMI, District Court of Appeal of Florida, First District.

238 S.W.3d 58 – CALVARY CHRISTIAN SCHOOL v. HUFFSTUTTLER, Supreme Court of Arkansas.

933 A.2d 92 – CONNOR v. ARCHDIOCESE OF PHILADELPHIA, Superior Court of Pennsylvania.

533 F.Supp.2d 567 – SNYDER v. PHELPS, United States District Court, D. Maryland.

177 P.3d 565 – GENS v. CASADY SCHOOL, Supreme Court of Oklahoma.

994 A.2d 212 – THIBODEAU v. AMERICAN BAPTIST CHURCHES, Appellate Court of Connecticut.

103 So.3d 40 – EX PARTE BOLE, Supreme Court of Alabama.

994 A.2d 212 – THIBODEAU v. AMERICAN BAPTIST CHURCHES, Appellate Court of Connecticut.

ZENERGY, INC. v. COLEMAN, United States District Court, N.D. Oklahoma.

897 F.Supp.2d 1109 – SCHLANGER INS. TRUST v. JOHN HANCOCK LIFE INS., United States District Court, N.D. Oklahoma.

PARK v. TRICAN WELL SERVICE, L.P., United States District Court, W.D. Oklahoma.

287 P.3d 397 – WRT REALTY, INC. v. BOSTON INV. GROUP II, Court of Civil Appeals of Oklahoma, Division No. 2.

2014 OK 100 – IN RE AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS, Supreme Court of Oklahoma.

368 P.3d 771 – IN RE M.K.T., Supreme Court of Oklahoma.

390 P.3d 238 – MATTER OF ESTATE OF VOSE, Supreme Court of Oklahoma.

2017 OK 15 – DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA, Supreme Court of Oklahoma.

2017 OK 106 – DOE v. FIRST PRESBYTERIAN CHURCH U.S.A., Supreme Court of Oklahoma.

975 A.2d 1084 – CONNOR v. ARCHDIOCESE OF PHILADELPHIA, Supreme Court of Pennsylvania.

CONVENTION OF PROTESTANT EPISCOPAL CHURCH IN DIOCESE OF TENNESSEE v. RECTOR, Court of Appeals of Tennessee, at Nashville.

264 S.W.3d 1 – PLEASANT GLADE ASSEMBLY OF GOD v. SCHUBERT, Supreme Court of Texas.

*** American democracy imposes responsibilities on those who dissent: two quotes from the courts and jurists

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[Image appears to be that of Ranger Weaver’s daughter, Savannah, who was 13 months old when her father’s Black Hawk was shot down, killing 8. More info: Rich McKay. FAMILY STUNNED OVER DEATH OF SOLDIER WHO DIDN’T HAVE TO BE IN IRAQ. South Florida Orlando Sun-Sentinel. 10 January 2004.]  https://www.sun-sentinel.com/news/fl-xpm-2004-01-10-0401100202-story.html

II. Images that point to, among other facts, the vapor trail of tortious and other unlawful activities against presumptive plaintiff. 

A. Nature and political goals of the Episcopal Church – LGBT alliance: “The will of the people? F*ck that. I want my lawyer.”

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“Discernment’? Well, it’s sort of like ‘integrity.’ It doesn’t quite mean what it used to. The Episcopal Church-LGBT discernment process ‘WILL RESULT in your parish adopting an LGBT-specific welcoming statement and . . .'” 

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B. Images reflecting efforts to crush those who dissent from the political goals of LGBT operatives, including those persons in and associated with the Episcopal Church

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Burning the pastoral letter of your Bishop isn’t enough to satisfy angry members of the Episcopal Church – LGBT alliance”: Bishop Love’s dissent in favor of traditional Christian values must be declared “conduct unbecoming a member of the clergy.”

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Following two quotes are excerpted from Presiding Bishop of the Episcopal Church (“PECUSA”) Michael C. Curry’s decision to punish an American military veteran – a single bishop who dared to challenge the Episcopal church and its LGBT political goals 

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Just one hour’s Google search: nearly two dozen public apologies:

 

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C. Images reflecting Sins of the Father and Sins of the Son committed against the political goals of the gay-lesbian/LGBT community

Father: Carl H. Bloeser, M.A.P.A., M.P.H. (3 January 1939 – 8 February 2014), U.S. Army and U.S.A.F. veteran and former State of Arizona AIDS Health Program Manager

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Son: Charles L.K. Bloeser, M.A., J.D., member, Bar of the State of Tennessee. Author of article advocating for a federal constitutional amendment that would define “marriage” as being only a heterosexual union.

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Charles Bloeser. The Right of the People to Protect Marriage as a Heterosexual Union. I Do. No, You Don’t: does gay marriage warrant amending the U.S. Constitution? Tulsa Law Magazine 15 (Fall 2004) (excerpt):

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Following paragraph is excerpted from presumptive plaintiff’s 20 October 2018 (revised) formal withdrawal from the Episcopal Church, delivered by email to the Presiding Bishop of the Episcopal Church Michael C. Curry, the Bishop for the Episcopal Diocese of Arizona, and the Rector and Associate Rector of St. Philips in the Hills Episcopal Church in Tucson, Arizona. 

“As recently as 6 October, I’ve again put in writing to the local U.S. Attorney’s office and to FBI cybercrime agents that I have no interest in seeing prosecutions and lawsuits against my adversaries in a fight over a structurally defective homeless assessment tool or adversaries from the Justice and National Security communities whom I inherited from my late father. [] My promise not to seek prison or money from those two groups does not, of course, extend without limit to adversaries and enemies trying, for other reasons, to destroy me and my high-quality record as a published lawyer and researcher.

This paragraph is excerpted from the above-referenced 6 October 2018 IC3 update.

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D. Images that permit establishment of a baseline for examining social media interaction with presumptive plaintiff’s vet-focused research products following the 22 January 2018

Baseline: the warriors

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Baseline: the analytics

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E.  Screen shot images which can be reasonably interpreted to point to and identify tortious acts executed against presumptive plaintiff, personally and professionally.

  • Wholesale removal of audience intended to benefit from shared information. Replaced by sordid collection of professionals who time and again reveal themselves to lack ability or inclination to use and share content with those who might be able to save a veteran’s life.  

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  • Writings, including digital communications, by presumptive defendants and witnesses, e.g., troll strike by Mr. Warren Pielak MBA, against my personal and professional integrity in LinkedIn group with nearly 10,000 members

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  •  JUST A FEW EXAMPLES: Presumptive plaintiff; his digital record of professional training, positions, and publications; and his original and shared social media content removed from public and group posts because such content is “abusive,” “unsafe,” and/or “against community standards”

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  • Images reasonably identifying targeted attacks on content created by presumptive plaintiff’s late father and by his mother.

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This document ends with two items:

(a) images of four examples of presumptive plaintiff’s many attempts to secure a satisfactory and beneficial resolution to both real and phantom disputes with members of the Episcopal Church – LGBT alliance and which would have made this lawsuit unnecessary. I’ve had coffee or a meal with each of these persons.

(b) Images revealing the emasculation of the reasonably expected audience for an article that I wrote because an American combat veteran who’d simply been left to rot and die in a modern American jail asked me to tell his story in the hopes that others wouldn’t suffer his same fate. The editors at strifeblog.org, an internationally respected security blog from the Department of War Studies at Kings College London, wanted an international audience to know “Henry’s” story. Given pattern conduct, it’s more than reasonable to suspect members of the Episcopal Church – LGBT alliance as causing this injustice to a dead American soldier. My letter to DoD appears last.

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*Fellow Sewanee alumni and my EfM mentors at St. Philips in the Hills, Tucson, for three years. Mr. Howell Herring is City of Tucson Deputy IT Director after having served in the same position for the City of Philadelphia.. Howell’s wife, Dr. Mary Hickert Herring, possesses a divinity degree from Virginia Theological Seminary and serves on the Vestry at St. Philips:

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*Mr. Clyde Kunz, consultant to non-profits whose past and present Tucson clients include the Southern Arizona AIDS Foundation, which is the former employer of the COO at Primavera Foundation in Tucson, Arizona. Mr. Kunz is an Episcopalian and, like Mr. Howell Herring, a mentor in Education for Ministry (EfM), a 4-year theological studies program operated out of the School of Theology at the University of the South (Sewanee)) and serving – with mentor message board and other resources – EfM groups in more than 800 churches. Like Primavera Foundation’s COO, Mr. Kunz is a member of the LGBT community. 

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*7 October 2018 email to Episcopal Church Deacon Leah Sandwell-Weiss, who serves at St. Philips in the Hills Episcopal Church, Tucson, AZ.

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Here’s a quote from a 14 November 2018 email in which I sought assistance resolving these matters from “Punch” Woods, a former Methodist missionary and retired head of the Southern Arizona Food Bank who’s been a long-time personal friend of two particularly recalcitrant adversaries: one of them who’s already demonstrated her experience “masterminding” and running a nationwide criminal conspiracy (United States v. Aguilar, []Margaret Jean HUTCHISON a/k/a Peggy Hutchison, et. al. 883 F.2d 662 (9th Cir. 1989)) and the other, a Divinity school graduate and former executive at Southern Arizona AIDS Foundation in Tucson, AZ.

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sign-on-gate-of-kings-college-london 265About Strife

What is Strife?
“Strife is a dual format publication comprised of Strife academic blog, as well as the peer-reviewed academic journal, Strife Journal, which is published biannually. Strife is led by doctoral and graduate researchers based in the Department of War Studies, King’s College London. Our contributors come from a wide range of backgrounds including graduate and doctoral researchers, staff and faculty at King’s, and leading experts from around the world.”

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Christian Law Firm Alliance Defending Freedom Treated Me Worse than Any* Fellow Lawyers Since I Was First Admitted To The Bar But That’s Not Why I Told Them They’re Not The Law Firm For This Case: If America and Her Children Are to be Saved, Christianity Must Not Get in the Way

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https://combatresearchandprose.com/2019/04/01/to-fellow-lawyers-lets-allow-ourselves-some-grace-even-the-most-conscientious-among-us-can-make

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*present adversaries excluded

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What

This action arises from defamatory conduct a/k/a “character assassination” executed in 2017, 2018, and 2019 against a lawyer who authored a 2004 article in which he advocated to fellow attorneys that the U.S. Constitution should be amended to define “marriage” as only a heterosexual union and whose late father, an honorably discharged U.S. Army and U.S. Air Force veteran who served as the State of Arizona’s AIDS Health Program manager, publicly decried politicization by LGBT operatives of the public health response to the AIDS epidemic: “The only thing this new alliance seems to support in the delivery of services are efforts to assure the social and moral legitimacy of their alternative lifestyles.”

Numerous unsuccessful attempts by presumptive plaintiff to secure a satisfactory resolution for the anticipated parties to the lawsuit – a resolution that furthers applied research activities fbo past and present military service members and their families but which doesn’t require him to sue his former church et al. are offered as proof that he never consented to tortious and otherwise wrongful acts against him by certain clergy and lay members of the Episcopal Church, either before or after his written withdrawal from the Episcopal Church on 20 October 2018.

Perhaps one shouldn’t be surprised. It’s not just about gay marriage anymore. More than 750 Episcopal Churches – including some of the wealthiest and most powerful parishes on the planet – have willingly chosen to pursue the exact frightening future that I predicted back in my article back in 2004. Back then it was assumed that our children were safe.

 

 

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https://combatresearchandprose.com/2019/04/12/the-management-and-mismanagement-of-aids-in-the-united-states-carl-h-bloeser-m-a-p-a-m-p-h-former-aids-health-program-manager-state-of-arizona-remarks-to-eagle-forum-at-mesa-arizona-19-march

 

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“Discernment’? Well, it’s sort of like ‘integrity.’ It doesn’t quite mean what it used to. The Episcopal Church-LGBT discernment process ‘WILL RESULT in your parish adopting an LGBT-specific welcoming statement and . . .’” 

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