This current tussle @ the TX 3rd Circuit Court of Appeals is about whether or not Judge Waldrip overstepped his judicial authority in connection with his Order to permit a severely narrowed deposition of Captain David Miscavige.
If the Appeal Court (3 judges) agree with TeamRathbun, as a practical matter, it only means that Judge Waldrip's Order will be valid.
Judge Waldrip's Order only permits TeamRathbun to ask Miscavige questions* that relate to one topic: jurisdiction. Nothing else, folks.
The primary reason Judge Waldrip originally issued his Order was to (finally!) obtain
specific information about DM/RTC so that he, Judge Waldrip, can decide for himself whether or not he has legal authority over DM/RTC. Remember, DM/RTC both strenuously reject the label 'defendant'.
If the Appeals Court upholds Judge Waldrip's Order; and,
if the severely narrowed deposition of DM occurs; then,
Judge Waldrip's next task is to decide whether or not he has legal authority (jurisdiction) over DM/RTC.
If Judge Waldrip decides that, yes, enough evidence exists to show that DM/RTC are properly/legally required to answer the charges in his courtroom, he will issue his decision. <----We can all expect TeamRTC+DM will file an immediate appeal @ the TX 3rd Circuit again.
Leslie Hyman's Response was especially uplifting to me today because it was very well-written, but more than that, it quelled a few concerns I had about whether TeamRathbun would be able to effectively argue @ the appellate level in Texas. Those concerns are
greatly diminished.
Thanks to all for posting the comments from "The Bunker" over here.
Such information sure helps to untangle legal knots.
JB
*Not to imply that a transcript of a severely narrowed deposition of Miscavige won't provide lulz. <---That's a sure thing.