Kendall Brill Kelly April 11,2016 via, TRONIC MAIL, Kelli Sager, Es, Davis, Wright Tremaine LLP '865 South Figueroa Street Los Angeles, California 90017 Re: Macmillan and St, Martin's Publishing. Dear Kelli have reviewed your letter claiming to respond to my March 28 letter. [received it April 8, ater | sent my most recent correspondence. I do hope that you have received that letter. If not, please Jet me know immediately and I will, again, resend it. hope even more that I will receive a substantive response, ‘Your late in coming correspondence seems a piece of a two party strategy. Firs, t0 expedite the publishing of the knowingly false “memoir” to generate undeserved sales by ticking the public into buying something that is not as advertised, while slow walking confronting the ies that are atthe heart of the book inthe hope Uhat you can ran out the clock and publish without confronting the evidence of falsity. The strategy is obvious, flawed and will bcktire. Since publication ofthe book was fist announced for August, this race to publish in May in the face of the gale force wind proof thatthe book is replete with les eannot be reconciled with the ‘obligation to tel the teath, Why the rush? What your letter should have said was: ‘The presentation in New York to our top egal officers and outside counsel raised coneems about the reliability of the book and the author, Frankly, we are not prepared to risk our reputation by publishing without further careful fact checking. While we ‘understand that placing the documents in a sealed envelope was intended to preserve a litigation postion, we are more interested in making sure that what we publish is tue and ‘not worrying how close to the edge ofthe Fest Amendment protections we ean come. I'd Tike to come to your offie and review page by page al the materials you presented and, _most especially the new hand written materials that I have not seen which reflect Ron's reports of his day by day aetvities. [also will ake you up on your offer to listen to the {ape because my high end publisher clients certainly don't wish to bein league with virulent racists or anti-Semites, Of course we will delay publication until we ate satisfied that we know the book is accurate,Kendall Bell & Kelly LLP Keli Sager, Esq. Davis, Weight Tremaine LLP 1,2016 Instead you sent a farrago ofcavils, name calling, false assertions and intentional eiding ofthe clear issues, Let me dispose of your points ‘The “preliminary matter” ofhow we got the book. No, we didn't steal it nor did “Deep-Throat” provide it in a darkened garage. (U haven't seen that movie recently either, Just one of the points of lif, like Mark Furman's lying and racism, that [recall unaided.) A person who was given the ‘manuscript without any requirement of confidentiality who recognized from his or her own, cexperionce that it was Filled with lies delivered it tous, Here dies your note of “irony.” Second, te claim thatthe Church was slow to present its evidence that the publishers intended to presenta lie strewn book, This raises the illogical and counter intuitive proposition that the victims of falsehoods have the initial burden of uncovering the falschoods pre-publication and rushing tothe publisher to show the publisher where it is about to go wrong. This exactly flips the burden of fact checking from the publisher tothe consumers and those to be maligned by the lies and could not possibly be presented by a lawyer of your aecomplishment seriously. As such, Trgject it completely. ‘Third, you suggest that when the dismissive Ms. Frost offered us an audience on short notice 2600 nautical miles from my place of residence I should have cancelled personal and professionel obligations and immediately appeared in er office as summoned. Really? For the same teason you could not personally attend a meeting on a date selected by others, I could not Instead as adults da, we selected a time that could be accommodated, albeit on an inconvenient basis, and honored the express arbitrary time limits imposed by Ms. Frost, Review the correspondence arranging the meeting again ofthe notes made by the stenographer at the ‘meeting, and sce whether you see a hint or intimation that we were weleome to spend as much ‘ime as we wished to present, I think you will see our audience was for 90 minutes only and we used every second of it shaping our presentation to meet Ms. Frost’ imperative. I know for sure ‘because I kept my eye fixed tothe clock visible above Ms, Frost’s right shoulder Fourth you suggest that rather than deliver each ofthe dozens and dozens of documents for independent study which demonstrated over and over thatthe publishers were on the road to publishing a pack of les and were in league with a wite-beating, child abusing, rape harboring, racist, and anti-Semite, we merely “purported” to read the documents containing the smoking. guns. You have that wrong int many weys. First, unless you perceive me, Erie Lieberman, and Monique Yingling as some kind of wandering band of improvisational actors who “trod the boards” lke characters out of Huckleberry Finn and pretend to read documents while actually only making it up, this bit of pettifoggery isa complete non-state. Not once inthe 90 minute meeting-and check with the stenographer-did any of the three accomplished lawyers present ask to see a single document. "Nor Kelli did you, present only on the phone, prod anybody to do so. What was asked bothKendall rill & Kelly LLP Kelli Sager, Esq Davis, Wright Tremaine LLP April L1, 2016 Page 3 before and a the mecting was that we surrender physical possession ofthe documents proving falsity and reckless disregard ofthe truth should the book be published. [ejected that demand then and do so again. ‘That brings me to what we have repeatedly offered and indeed why T requested the meeting and flew to New York forthe meeting with the chief legal officers of St. Martins and Macmillan and their distinguished outside counsel. You and your colleagues may have your way with the documents and other evidence. You and the fact checkers forthe publishers, if they have any, are entirely welcome to come to my office and review the materials as slowly a8 you'd like, We ‘won't impose a 0 minute deadline nor even insist that a stenographer be present. The only restriction is that we will not surender possession of Use documents for we fear that no matter ‘what the uth, your clients are committed to rushing the publication of the book because they need the money, So, rather than elie that offer any futher, address it. Will you or will you not review systematically the documents we offered? Ino, and if your elients are in fat intersted inthe truth, why not? Let me also address this canard of a “smear campaign” against Ron Miscavige. For itto bea “sma, i would have to be false, What we ate saying ahout Ron, his book, his character and conduct are not “smear.” Rather, they are the tats. He is Iying about what he knows about his son David. He has no percipient knowledge of his son's ascent in the Church over the many Tong years of David's service to the Church and ts Founder, because he was thousands of miles away. ‘He did brutally and repeatedly beat his wite and daughicrs and he has continued to ie about it He did excuse and harbor his incestual rapist son who, like him, was arrested for a sex erime. (And please, take it from me, a former federal prosecutor, do not equate a dismissal or aplea of ‘guilty withhold findings” with “innocence.” The fist two are legal conclusions the other a statement of fact. Ron and Ronnie may enjoy a salutary legal conclusion but thal doesn’t change the facts) Ron was not “imprisoned.” Ron was not “starved.” He had time off. He dida’t “escape.” He drove the ear his son David gifted him with to a new life enabled by David's donating to him what represented virtually all his inheritance from the woman Ron regularly beat, And on top of that he paid Ron's medical insurance premiums annually. Some “escape.” |What is tre is that Ren was transformed ftom an itinerant, hard drinking abuser into @ world teaveling trumpet player who benefitted enormously fiom the grace of his son, And so now, in pure money play and a final confirmation of his character, Ron offers provable lies in exehange foreash, An! what makes this uniquely unseemly situation even worse isthe willingness of faney New York publishers to lin their pockets knowing with whom and with what they are dealing. As a wise lawyer once asked, “at long lst, have you no sense of decency?” Let me end as I began, The Church has previously and once again urges your clients to review the mountain of evidence demonstrating that they are rushing to sel to dhe public @ book that is ‘ot what it elaims to be. It is not a “memoir.” It isa work of fietion. Poorly writen andKendall Brill & Kelly LLP Kelli Sager, Esq, Davis, Wright Tremaine LLP April 11, 2016 Page 4 plagiarized certainly, but still a work of fiction, You and the publishers have the means a hand to confirm that tis fiction by the careful review ofthe evidence available and that we again and again offer for review. And yet, you refuse. Iti hard to understand why However, so there is no question, please feel fre to call me at my office and we ean arrange for ‘time for you and any of your colleagues to come and study the evidence. All that we ask is that you hold off publishing watt al the lies inthe book have been removed. The likely result we are ‘confident of is tha there wll not be a book to sel 1 do hope to hear from you to learn that your clients will delay publication. This will signal that they wish to pursue the path of tut and not avarice, The truth will set them free and spare a Jaud on the marketplace ! All rights are reserved, Sincerely, ERdn Bert H. Deixler