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What that court did on Thursday was the equivalent of Japan suing FDR in 1941 saying that if the USA went to war against Japan many Japanese would be killed and wounded. Therefore, Japan argued, the due process rights of the Japanese would be violated and the court must enjoin the U.S. going to war. Incredibly, this court in Seattle said Thursday that foreigners who were neither citizens nor residents had due process rights against the USA. This is obvious nonsense.Yes, the EO was poorly considered, poorly drafted and poorly implemented. But the response to it by our judicial branch has been simply disgraceful. No one involved in this sorry spectacle has any reason to be proud of what they did. And there is no reason at all to continue the circus for one moment longer.
6. Bishop Sauls has served in a number of leadership capacities in his career in the Episcopal Church. For more than four years, he served as the Episcopal Church’s Chief Operating Officer, under two Presiding Bishops. Both of those Presiding Bishops have praised his work performance. In the annual performance evaluations of Bishop Sauls, The Most Rev. Katharine Jefferts Schori, by whom Bishop Sauls was appointed Chief Operating Officer, complimented his “creative and deeply effective leadership as COO”. Bishop Jefferts Schori’s successor, The Most Rev. Michael B. Curry, who took office in November 2015, has stated publicly that DFMS was never more effective than under Bishop Sauls’s leadership.
7. Sauls, however, is the victim of a wrongful conspiracy via a calculated, determined, and prolonged series of acts in furtherance of the conspiracy, as carried out by individuals employed by the Church, and others outside the employment of the Church, who repeatedly have attacked the office and person of Chief Operating Officer, including by measures calculated to undermine the authority, stature, and leadership of the Plaintiff and his former office, as part of a scheme to elevate the stature and authority of the President of the Church’s House of Deputies and to constitute that position as an office to be regarded and treated, in respect to Church governance and the exercise of authority over the staff and resources of the Church, as co-equal with the office of the Presiding Bishop.Got that? Bishop Sauls is alleging that he lost his position due to "a determined and prolonged ... conspiracy ... to elevate ... the President of the ... House of Deputies ... as co-equal..." That would be the Rev. Gay Clark Jennings, who indeed is named in the next paragraph.
14. In particular President Jennings attacked, as she had on numerous previous occasions, a policy instituted by Bishop Sauls requiring that every DFMS staff member notify him, as COO, or the Deputy Chief Operating Officer, of any contact or communication received by any such person from any member of the Executive Council or from the President of the House of Deputies.It appears as though Bishop Sauls was running a very tight ship at 815 (as he is reported to have done when he served as Bishop of Lexington, before coming to New York). He wanted to know about every single contact that the Rev. Jennings or any member of the Executive Council made with any of his staff. And perhaps that was one straw too much for the determined Rev. Jennings:
15. The John Doe Defendants’ wrongful conduct persisted into late 2015 and 2016, when new false charges prompted yet another investigation of alleged misconduct by Bishop Sauls. The objective again was to attack Bishop Sauls, for the further purpose of elevating the authority of the President of the House of Deputies over the Presiding Bishop. Such an alteration in the governance of the Church, in Bishop Sauls’s view, would have far-reaching and extremely harmful consequences for the Church, impairing and impeding the ability of its leadership to carry out their management functions and mission of the Church.The outlines of the turf battle at 815 are now clear. By way of background, the reader is reminded that rivalry between the Presiding Bishop and the President of the House of Deputies goes back to the relationship between former Presiding Bishop Katharine Jefferts Schori and former HOD President Bonnie Anderson -- over issues of turf and budget. (Notice how Bishop Sauls makes an appearance in that latter story, as well.)
In November and early December 2015, during a meeting of the Presiding Bishop’s Council of Advice, the Chancellor to the Presiding Bishop, David Booth Beers, a lawyer in the Washington, D.C. law firm of Goodwin Procter LLP, commented on upcoming disciplinary matters, stating that there were two such matters that “would be ugly.”(Note that word "disciplinary," when as we shall see, ECUSA never brought any disciplinary charges against Bishop Sauls.) And then this confrontation is alleged:
18. At the noon meeting [on December 9, 2015], Mr. Beers told the Plaintiff and his colleagues that the allegations against them were grim and serious, including charges of racism, sexism, retaliation, sexual harassment, and creation of a hostile workplace. Mr. Beers and Ms. Kostel declined to provide any details. According to Ms. Kostel, the charges were “too inchoate” for the Church to be able to say anything more, but were “choate enough” to warrant placing the three on leave and under investigation. Mr. Beers warned that the Church planned to engage an independent investigator, and that the Presiding Bishop wanted the investigation concluded quickly. Mr. Beers ordered Bishop Sauls to exit his office by 5:00 p.m. on that day, and return his office access key card, barring him from TEC premises. In an attempt to further frustrate any search for the truth, Mr. Beers instructed Bishop Sauls to have no further contact with any officers, employees, or staff of DFMS.[Note: I love that resort to the non-existent word "choate" as a supposed antonym for "inchoate". Ms. Kostel apparently never argued a case in front of Justice Scalia.]
The Presiding Bishop offered no explanation for this decision [to dismiss him] other than remarking to Bishop Sauls, during a private meeting between them on April 4, that “things are too broken,” and that “there were people who wanted your head.” At the outset of their meeting, one of the first things that the Presiding Bishop said to Bishop Sauls, was: “Stace, you’ve been through hell,” a characterization that the Plaintiff then considered, and continues to consider, as a gross understatement of what he had endured.The complaint asks relief from the court for (1) breach of contract (i.e., the Employee Handbook at ECUSA); (2) libel and slander against him; (3) failure to reimburse his attorneys' fees and expenses incurred as a result of the investigations, which exonerated him; and (4) intentional interference with his prospects for future employment in ECUSA.