PERMANENT JUDICIAL COMMITTEE

MISSION PRESBYTERY

VIA

STATED CLERK

MISSION PRESBYTERY

 

 

 

 

 

 

 

 

 

 

 

 

PETITION FOR REVIEW

OF INVESTIGATIVE COMMITTEE

DECISION

NOT TO FILE CHARGES

 

AGAINST

Rev. Dr. Carl McCauley

Pastor of first Presbyterian Church

Seguin, Texas

 

 

 

PETITIONER

Ronald F. Avery

 

 

 

 

 

 

 

 

 

 

March 27, 2009

 

 


PETITION FOR REVIEW

OF DECISION NOT TO FILE CHARGES

(D-10.0303a) FORM NO. 31

 

 

Date: March 27, 2009

 

To:

Mr. Miles White, Stated Clerk

Mission Presbytery

7201 Broadway, Suite 303

San Antonio, Texas 78209

Phone: (210)826-3296

Toll Free: (800)683-9999

FAX: (210)826-0917

 

From:

Ronald F. Avery

1933 Montclair

Seguin, Texas 78155

(830)372-5534

 

I, Ronald F. Avery, having received, on March 21, 2009, the communication from the investigating committee that no charges are to be filed in relation to the written statement of offense I provided to the stated clerk of Mission Presbytery, do hereby petition the permanent judicial commission to review the decision of the investigative committee not to file charges.

Before I get to the issue of the failure of the Investigative Committee to perform its duties under D-10.0202 it is imperative to reiterate the nature and extent of my Accusation and Statement of Offense against Rev. Carl McCauley. My Accusation and Statement of Offense contained only two charges:

 

1.      That Rev. Carl McCauley censored me without using the Constitutional process required under D-10 thereby violating the Presbyterian Church USA (PCUSA) Constitution Book of Order;

2.      That Rev. Carl McCauley censored me in violation of the Holy Scriptures and the Confessions contained in the PCUSA Constitution.

 

It is also important that the Permanent Judicial Committee (PJC) realize that my Accusation and Statement of Offense does not hinge on whether my message was disturbing to some people as I believe my message for which I was censored is still disturbing to me. One is not relieved of their Christian duty to tell the truth about the world they live if the truth is disturbing to the listener. Who could justify the actions of John the Baptist or Christ Jesus or St. Paul with that logic? We must make a distinction between disturbing and offensive. The term offensive implies a repugnant or disgusting or immoral content. The information I distributed revealed facts about how the World Trade Center (WTC) was demolished proving that neither the jet collisions with the towers nor the resultant fires were responsible but rather explosives and thermate and thermite placed well in advance under the security of the WTC lease holder. No doubt this is disturbing news to all but it is not offensive or repugnant like child pornography. The information concerning the demolition of the WTC is required to be distributed as it is critical to the safety and wellbeing of every man, woman and child in America and the world for that matter. This information also impacts the safety of the Presbyterian Church USA and all its members directly as the destruction of the WTC was the initiation of the 872.6 billion dollar[1] cost of the so-called “war on terror” and the so-called “collapse of the US banking system” and the collapse of the so-called “US dollar” for the stated purpose of bringing the United States of America into subjection under the New World Order controlled by global bankers. The key stone of this whole scam is the 9/11 terrorist hoax. It is essential to the perseverance of the Presbyterian Church USA and the United States of America and the State of Texas that the truth about what happened at the World Trade Center and at the Pentagon and Shanksville, Pennsylvania be known far and wide.

 

The Investigative Committee (IC) has not fulfilled its duties specified in D-10.0202 in the following ways:

 

1.      The IC failed to honestly determine (D-10.0202f), in accordance with G-9.0102 and D-2.0203b, whether there are probable grounds or cause to believe that an offense was committed by the accused by:

1.1.   deciding not to file charges when they could not find any evidence that Rev. Carl McCauley censored me using the constitutional method of filing an Accusation and Statement of Offense against me and having an IC investigation, or my appearance before an IC or trial provided for by the Constitution of the PCUSA Book of Order D-10;

1.2.   deciding not to file charges while finding overwhelming evidence that the censorship of me was done contrary to the Holy Scriptures and the Confessions made a part of the Constitution of the PCUSA;

2.      The IC failed to honestly decide (D-10.0202g) whether the charges filed on the basis of the papers, documents, records, testimony, or other evidence, can reasonably be proved regarding the availability of documents and witnesses and evidence available by:

2.1.   ignoring a plethora of facts and written data and witnesses showing that no investigation or constitutional method described in D-10 of the Book of Order was commenced prior to censuring me with censorship and not one shred of evidence to the contrary;

2.2.   ignoring the great weight of evidence collected supporting my accusation that Rev. Carl McCauley violated the Holy Scriptures and the Confessions of the Constitution of the PCUSA in his motivation to censor me and that the IC could not find a single Scripture that would censor me for my actions;


3.      The IC failed to resolve questions of discipline, doctrine, government and things necessary to the peace, purity, unity, and progress of the church under the will of Christ as provided under G-9.0102 and initiate an alternative form of resolution under D-10.0202h if the IC had determined my Accusation and Statement of Offense could be more easily resolved without a full trial:

3.1.   Censorship may not mean much to those who are not saying anything nor have a burden imposed by Christ to tell an unpopular truth but it is indeed unbearable to those that do. In fact, one member of the IC suggested during my interview with them that censorship was not the same as a censure. Certainly they are not the same word with identical meanings, but I find it most unconscionable for someone to discern that censorship is not a censure or a punishment;

3.2.   The IC, by deciding to not file charges, failed to resolve the matter in dispute by leaving me under the unconstitutional censorship unlawfully imposed by my pastor’s phone call;

3.3.   I cannot merely overlook my pastor’s violation of the Constitution of the PCUSA and continue to go to his Sunday school class and church with tape on my mouth;

3.4.   I cannot blatantly disregard his unlawful censorship and speak out as if he had not placed me under censorship – as I am repulsed by that type of confrontation as is he;

3.5.   I have patiently endured unlawful censorship and appealed to the PCUSA and until taken out from under this unlawful censorship by the PCUSA at some level my censorship remains the act of Rev. Carl McCauley, and the IC of Mission Presbytery and the PCUSA according to G-9.0103;

3.6.   I will appeal my unlawful censorship all the way to the General Assembly if not overturned sooner according to G-9.0103. Time is wasting to address the rapid acceleration of tyranny in the United States of America, but this waste will not be chargeable to my fault;

3.7.   It was also suggested by the IC during my interview that there may be no remedy for my Accusation. This is also unconscionable of how one could conceive of this. The remedy is for the IC to file charges against Rev. McCauley for unconstitutionally censuring me with censorship or to initiate alternative dispute resolution with a stated suggested remedy of a formal removal of the said unlawful censorship by the hand of Rev. Carl McCauley in writing with an apology for the censorship unlawfully placed upon me in violation of the Book of Order and the numerous Confessions of the Constitution of the PCUSA that I have listed.

4.      The IC violated the PCUSA Constitution in the investigative process by:

4.1.    failing to inform me that I could have an “advocate” to provide “support and consultation” with me during my interview under D-10.0203;

4.2.   denying me that right under the Constitution and insisting otherwise and refusing to let my “advocate,” who was present with me, sit in on my interview with the IC and by making my advocate sit outside until the hearing was completed;

4.3.   stating that privacy was necessary to show proper respect for the privacy of Rev. Carl McCauley, who was not present, nor was he required to be or requested to be present.


5.      The IC failed to honestly determine (D-10.0202f), in accordance with G-9.0102 and D-2.0203b, whether there are probable grounds or cause to believe that an offense was committed by the accused:

5.1.   The IC, knowing that I had provided six Constitutional Confessions that showed the motivations of Rev. Carl McCauley in censoring me were in violation of the Holy Scriptures, decided not to file charges:

5.1.1.      Question 26 of the Shorter Catechism, Book of Confessions (BOC) p. 177;

5.1.2.      Question 45 of the Larger Catechism, BOC p. 200;

5.1.3.      Question 54 of the Larger Catechism, BOC p. 202;

5.1.4.      The Second Helvetic Confession no. 5.156 BOC p. 93;

5.1.5.      The Scotts Confession Chapter XXIV no. 3.24 BOC p. 24;

5.1.6.      The Scotts Confession Chapter XXIV no. 3.24 BOC p. 24;

5.2.   The first four confessions show that Christians are to be stewards of the Kingdom of God established upon the earth while Christ is away and that God grants gifts and graces to gather and defend the church and to subdue the enemies of the church. Therefore, to censor God’s gifts to the members of the church so that those gifts are not used to defend the church is contrary to Holy Scriptures and the Constitution of the PCUSA which I explained in detail on pages 2-3 of my Accusation and Statement of Offense;

5.3.   The last two Confessions show why civil magistrates and princes and rulers may be resisted if they overturn duly established law and act outside their spheres of lawful authority and no longer fulfill the duties of their office. Therefore, to censor the members of the church in their attempt to point out those tyrannical actions dissolving the nation which should protect the church is done in violation of the Holy Scriptures as I explained in detail on pages 3-4 of my Accusation and Statement of Offense and in Exhibit AA[2] pages 14-15;

5.4.   by deciding to not file charges knowing that I had provided the following abundant and sufficient evidence that the motivations of Rev. Carl McCauley in censoring me were in violation of the messages of his own sermons in light of the following:

5.4.1.      evidence in Exhibit AA pages 15 - 20 that Rev. McCauley preached a mighty sermon on July 4th showing that the Presbyterians had a history of “sticking its nose into the affairs of government”[3] and that language and phrases that appeared in the Declaration of Independence came from a Presbyterian Church in North Carolina[4] and that the church was called to be “the conscience of the government and nation just as the prophets were called to be the conscience of the wayward kings” to tell them “you are lost and your policies are messed up;”[5]

5.4.2.      evidence that Rev. McCauley ended his mighty 4th of July sermon by saying “where we are not the perfect conscience of the nation the Holy Spirit will intercede with power to do great things.”[6] I agree and I believe that this will be corrected by the Holy Spirit in the application of the constitution of the PCUSA to loosen the tongue of those who want to be the perfect conscience of the nation as Rev. McCauley has called us to be;

5.4.3.      evidence where Rev. McCauley ended his 4th of July sermon by saying, “in this quest to be the perfect conscience of the nation let us mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. Amen.”[7] In Rev. McCauley’s closing statement we are challenged to risk our lives, fortunes and honor to be the conscience of the nation and as soon as I attempted to perform these duties I was censored by him saying he acted for the Session. The condition of proclaiming virtues that one does not possess or will even permit others to hold is called hypocrisy, “Woe unto you, scribes and Pharisees, hypocrites! because ye build the tombs of the prophets, and garnish the sepulchres of the righteous,[8]

6.      The IC by deciding not to file charges did not fulfill their duties under D-10.0202g that on the basis of the papers and documents, records and testimony or other evidence that the charges could be reasonably proved regarding the accusation that Rev. Carl McCauley’s violated the Holy Scriptures in censoring me while knowing:

6.1.   all evidence gathered did and will continue to support my accusation that Rev. McCauley violated the Holy Scriptures contained in the Constitution of the PCUSA in censoring me and that he gave these mighty sermons and then contradicted his own admonition in censoring me who was trying to comply with his sermon messages.

 

I cannot believe that the Mission Presbytery will excuse the IC from fulfilling its duties and let this violation go unresolved as if nothing had occurred and as if no violation of the Confessions or Book of Order had taken place and as if I was not under the unlawful censure of censorship.  I now therefore await a written response from the IC showing all evidence and logic to the contrary in their attempt to show how they fulfilled their duties in regard to all the points and facts shown herein. I think an admission that the IC simply did not fulfill their duties would be an economical and honest response. I also think that a new IC should be formed under D-10.0303d and that the new IC read the record in its entirety including watching the DVD[9] and immediately initiate alternative forms of resolution to resolve this matter and lift the censorship from me so that I can resume and continue to be the Christian the PCUSA constitution and the Holy Scriptures and my pastor and good friend have called me to be.

 

Respectfully Submitted

 

Ronald F. Avery

 



[2] Prayer For Lift of Censorship Against Ronald F. Avery submitted to the Session dated September 23, 2008 and made Exhibit AA and part of the Accusation and Statement of Offense made by Ronald F. Avery Against Rev. Dr. Carl McCauley, Pastor of First Presbyterian Church, Seguin, Texas.

[3] Exhibit AA p. 16

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Matthew 23:29  

[9] Richard Gage Blueprint for Truth – The Architecture of Destruction (Architects and Engineers for 911 Truth, www.ae911truth.org)