Writting from Africa: 4. My Incarceration

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In 1991, I prophesied that because of my religious faith, I would become incarcerated by the civil authorities of the United States of America. A goodly number of years have passed without event. However, on November 20, 2009 I received a document from my attorney with the heading, “[PROPOSED] ORDER OF CONTEMPT AND SANCTIONS.”
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   1 My Incarceration In 1991, I prophesied that because of my religious faith, I would become incarcerated by thecivil authorities of the United States of America. A goodly number of years have passed withoutevent. However, on November 20, 2009 I received a document from my attorney with the heading,“[PROPOSED] ORDER OF CONTEMPT AND SANCTIONS.” This document, authored by Joel T.Galanter, attorney for the Plaintiffs, calls for the following order, “Accordingly, the Court herebyOrders the arrest of Defendant, wherever he may be found within the jurisdiction of the United States,and his incarceration in this District pending his full and complete compliance with the InjunctionOrder.”This proposed court order composed by the General Conference attorney further states,It is undisputed that Defendant has knowledge of the existence and terms of the InjunctionOrder. It is also undisputed that Defendant has wholly failed to comply with the terms of theInjunction Order in that he has: (1) continued to use the mark SEVENTH-DAY ADVENTIST,including the use of the words SEVENTH-DAY and ADVENTIST, and the acronym SDA,either together, apart, or as part of, or in combination with other words, phrases, acronyms or designs, in the sale, offering for sale, distribution, promotion, provision or advertising of  products and services, including on the Internet in domain names; (2) failed to either (i) deliver Defendant’s Infringing Articles to Plaintiffs’ attorney, or (ii) permanently dispose of Defendant’s Infringing Articles himself, and certify in writing and under oath that he has personally complied with this order; and (3) failed to file with the Clerk of this Court and serveon Plaintiffs, a report in writing, under oath, setting forth in detail the manner and form inwhich Defendant has complied with the terms of the Permanent Injunction.For your information, the wording of the Permanent Injunction imposed is ordered as follows: Defendant and his agents, servants and employees, and all those persons in active concert or participationwith them, should be forever enjoined from using the mark SEVENTH-DAY ADVENTIST, includingthe use of the words SEVENTH-DAY or ADVENTIST, or the acronym SDA, either together, apart, or as part of, or in combination with any other words, phrases, acronyms or designs, or any mark similar thereto or likely to cause confusion therewith, in the sale, offering for sale, distribution, promotion, provision or advertising of any products and services, and including on the Internet, in any domain name,key words, metatags, links, and any other use for the purpose of directing Internet traffic, at any localityin the United States. Subject to the foregoing, Defendant may use these terms in a non-trademark sense,such as oral or written use of the marks to refer to the Plaintiffs, or oral or written use of certain terms ina non-trademark descriptive sense, such as “this Church honors the Sabbath on the ‘seventh day,’” or “the members of this church believe in the ‘advent’ of Christ.”As it pertains to all labels, signs, packages, wrappers, receptacles, and advertisements bearing theSEVENTH-DAY ADVENTIST mark, or bearing the words SEVENTH-DAY or ADVENTIST, or theacronym SDA, either together, apart, or as part of, or in combination with any other words, phrases,acronyms or designs, or any mark similar thereto or likely to cause confusion therewith, and all plates,molds, matrices, and other means of making the same (collectively, “Defendant’s Infringing Articles”),Defendant shall either:” (1) deliver Defendant’s Infringing Articles to Plaintiffs’ attorney within twenty(20) days after issuance of the Order, to be impounded or permanently disposed of by Plaintiffs; or (2) permanently dispose of Defendant’s Infringing Articles himself within twenty (20) days of this Order,certifying in writing and under oath that he has personally complied with this Order. I looked up the word “incarcerate” (along with a couple of its synonyms) in the  Random HouseWebster’s Unabridged Dictonary, and found the following: in·car·cer·ate ( v. in kär  Æ s à r  ! t Å ; adj. in kär  Æ s à r it, -s à r  ! t Å ), v.,   -at·ed, -at·ing, adj.    –  v.t.   1. to imprison; confine.   2. to enclose; constrict closely.    –  adj.     2 3. imprisoned.   [1520–30; < ML incarcer  !   tus ptp. of  incarcer  !   re to imprison, equiv. to in-   IN - 2 + carcer  prison + - !   tus - ATE1 ]    —  in·car ÅÅÅÅ cer·a ÆÆÆÆ tion, n.    —  in·car ÆÆÆÆ cer·a ÅÅÅÅ tive, adj.    —  in·car ÆÆÆÆ cer·a ÅÅÅÅ tor, n.    —  Syn. 1. jail, immure, intern.   im·mure (i my  r  Æ ), v.t.,   -mured, -mur·ing.   1. to enclose within walls.   2. to shut in; seclude or confine.   3. to imprison.   4. to build into or entomb in a wall.   5. Obs. to surround with walls; fortify.   [1575–85; < ML imm %  r  !   re, equiv. to L im-   IM - 1 + -m %  r  !   re, v. deriv. of  m %  rus wall (cf. MURAL )]    —  im·mure ÆÆÆÆ ment, im·mu·ra·tion (im Å y à r  ! Æ sh à n), n.   in·tern 1 ( v. in tûrn Æ ; n. in Æ tûrn), v.t.   1. to restrict to or confine within prescribed limits, as prisoners of war, enemy aliens, or combattroops who take refuge in a neutral country.   2. to impound or hold within a country until the termination of a war, as a ship of a belligerentthat has put into a neutral port and remained beyond a limited period.    –  n.   3. a person who is or has been interned; internee.   [1865–70; < F interner, v. deriv. of  interne   INTERN3 ]The intention of the General Conference of Seventh-day Adventists is to confine me in prisonuntil I agree to abide by the Permanent Injunction ordered against me. At the same time, they seek amonetary sanction of over $35,000, which amounts to a stiff fine as punishment for my contempt of court. The actual proposed order is stated in the following way:Plaintiffs have incurred attorneys’ fees and costs in the amount of $35,567.00 seekingcompliance with the Injunction Order and this Order of Contempt, for which they should becompensated. ( See , D.E. No. 110, Notice of Filing Galanter Dec’l in Support of Fee Request)Accordingly, as a sanction against Defendant, Plaintiffs are hereby awarded and Defendant isOrdered to pay to Plaintiffs $35,567.00.I wrote an article in the early 1990s entitled, “The Buy or Sell Decree,” and the very things written of therein are now coming to pass. Here is an excerpt from that work:Already, the United States has in principle established the religion: “Seventh-day Adventist.”They have done this by issuing to the General Conference Corporation of Seventh-dayAdventists the Federal trademark, “Seventh-day Adventist.” This “mark” is protected byFederal and State law, constituting a “National Sunday Law” in principle. Any “church” professing to be “Seventh-day Adventist” [by using that name] can be prosecuted and, if convicted of trademark infringement, fined and enjoined to cease using the name. Personsrefusing to “cease and desist,” can receive further sanctions resulting from contempt of courtcharges. The effect may be increased fines, imprisonment, confiscation of property, and anyother judgments pleasing to the court– none may “buy or sell.”   3Read what the proposed order says regarding “confiscation of property.”Accordingly, due to Defendant’s failure to act and to take down and/or dispose of signage andother promotional materials that are violative of the injunction, the Court hereby Orders thatsuch materials be seized for destruction by the United States Marshal. 1 The United StatesMarshal of this District is directed to take all appropriate steps to ensure that this order isexecuted.    _______________________  1 This Order applies to signage and other promotional materials that contain words, phrases andor acronyms prohibited by the Injunction Order, and which may be found at 1162 Old Highway 45South, Guys, Tennessee, which is the location of Defendant’s “Creation Seventh Day AdventistChurch,” and 1321 Hwy 72 East, Suite #6, which is the location of Defendant’s “Help 4-U” office. Atthe November 5, 2009 Hearing, Plaintiffs’ counsel presented to the Court photographs taken on November 4, 2009, depicting, in part, the violative signage at these locations. The dictionary defines a word closely related to incarceration, especially applicable in mycase. ex·ile (eg Æ z # l, ek  Æ s # l), n., v.,   -iled, -il·ing.    –  n.   1. expulsion from one's native land by authoritative decree.   2. the fact or state of such expulsion: to live in exile.   3. a person banished from his or her native land.   4.  prolonged separation from one's country or home, as by force of circumstances: wartime exile.   5. anyone separated from his or her country or home voluntarily or by force of circumstances.   6. the Exile, the Babylonian captivity of the Jews, 597–538 B.C.    –  v.t.   7. to expel or banish (a person) from his or her country; expatriate.   8. to separate from country, home, etc.:  Disagreements exiled him from his family.   [1250–1300; ME exil  banishment < L ex (  s ) ilium, equiv. to exsul  banished person + -ium - IUM ]    —  ex ÆÆÆÆ il·a·ble, adj.    —  ex ÆÆÆÆ il·er, n.    —  Syn. 7, 8. evict, drive out, cast out, eject, deport.   My reader should be able to make the correlation here. I am to be incarcerated  in any jurisdiction of the United States of America. Since I am currently on mission outside of the jurisdiction of the court,I am officially exiled  from my homeland. Consequently, while I remain “separated from [my]country […] by force of circumstances,” I am, by definition , exiled. And, as respecting my earthlycitizenship in the United States of America, I am to be “incarcerated” for my religious convictions,while refusing to cease employing the name God gave to me to describe my faith.In addition to my incarceration, exile, monetary sanction, and confiscation of property for destruction, the Plaintiffs (General Conference Corporation of Seventh-day Adventists and theGeneral Conference of Seventh-day Adventists) are asking the judge to order additional discovery sothat they might add other Creation Seventh Day Adventists to their “hit list.” Notice what the proposed document says:Accordingly, the Plaintiffs requested at the hearing that they be allowed to conduct limiteddiscovery in order to determine the extent of Defendant’s violation of the Injunction,including third party discovery to ascertain the identities of and/or the extent to whichDefendant’s agents, servants, employees, and those persons in active concert or participationwith them have assisted Defendant in violating the Permanent Injunction. […]Accordingly, the Court finds that ascertaining the identities of those persons acting on behalf of or in concert with the Defendant, as well as the extent to which those persons have assisted   4Defendant, will help this Court with enforcement of its Injunction Order. Accordingly, thisCourt finds that limited discovery is appropriate and Plaintiffs shall be permitted to takereasonable discovery of Defendant and/or third parties concerning the identity of those actingin concert with Defendant and the extent and methods by which Defendant and those actingin concert with him are continuing to violate the terms of the Injunction Order.What does all of this mean to me and my brethren? It is precisely what prophecy hasintimated all along. A paragraph from the pen of Sister Ellen White seems to be fitting in closing.Of those who honor Jesus, and keep the commandments of the Lord, Christ has said, Marvelnot if the world hate you. We can expect no better treatment from the world than thetreatment given to the law of God. Those who vindicate the law of God by keeping thecommandments, will be targets for the wrath of the dragon, and opposition to righteousnesswill not end until evil is destroyed; for as long as human nature is under the control of theenemy of all righteousness, enmity to the righteous will be manifested through the children of men. The offense of the cross has not ceased by any means. Satan has his most efficient batteries masked under pretensions to godliness, and he will cause them to open fire upon thefollowers of Jesus Christ. The servants of God must expect that they will be reviled,misrepresented, maligned, persecuted, and oppressed; for all who will live godly in ChristJesus shall suffer persecution. The people of God will stand firm to the faith only through thegrace of God. The dragon was wroth with the woman, and went to make war with theremnant of her seed, which keep the commandments of God, and have the testimony of JesusChrist. The great rebel against God is leading his armies to the conflict; but let the followersof Christ bear in mind the fact that he can bruise only the heel, while those who are loyal toChrist by their fidelity and piety shall bruise the head of the serpent. While men are makingvoid the law of God, we must pray, as did David, It is time for thee, Lord, to work; for theyhave made void thy law. Through Christ believers will gain the mastery, and inch by inchthey will contest the ground, and obtain the victory. [ Signs of the Times, Nov. 14, 1895]As I have stated numerous times before, I cannot obey the mandates of the beast or his image.Some may suggest that I will not truly become “incarcerated” because of not being personallyconfined in a jail. Surely, the order to have one arrested for exercising their faith is likely toendanger other members of the CSDA Church within the United States jurisdiction. And the Savior has said, “Inasmuch as ye have done it unto one of the least of these my brethren, ye have done itunto me.”I am not willing to jeopardize the civil and religious liberties of my beloved brethren bycooperation with the proposed limited discovery requested by the General Conference attorney. Irefuse to pay one penny of YAH’s treasury (via monetary sanctions) to support the evils of demonsin the form of men. The Federal Marshal may confiscate and destroy our property, though it willonly manifest the true spirit that actuates the beast. My incarceration will probably keep me exiled  inAfrica indefinitely, but that will only serve as a rich blessing in the end. Perhaps I shall meet theMaster at His coming in the clouds of Africa’s heaven. One thing is certain– I choose to remain in“The Atmosphere of Heaven” as long as I live.Writing from AfricaDecember 5, 2009Pastor “Chick” McGill
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