Frankly, I am confused. Altho they have a legal right to do so, the spirit of the elder communication is to distance onself so far from any criminal investigation that sanctions would be imposed otherwise. The first duty of the elders is to call the Legal Department. Why not call their own private lawyers in their community?
I feel clergy/penitnent prvilege is at stake. It is too large a field to research now. They want to have what I consider are two contradictory positions, (and it is interesting to note that they both arise in pedophilia cases). In Australia, they claimed that only the GB could bind the WT. Perhaps a few other key officials. Certainly not ordinary members. Their argument in Australia was the elders are NOT Jehovah;s Witnesses. Congregations are independent of the WT. I do believe this assessment applies to several well-know religions, such as Quakers, which are loose associatons with little centralized control.
My question has always been what the common law and most states require for attorney-client privilege to be established?. Is it permissible const'lly to restrict it only a pentinent and a clery member. I understand that the govt can't decide who is clergy in most instances. They can't impose clergy standards on a religion. The judge in the Conti case evidently decided not to allow the privilege b/c more than one clergy and a penitent were involved.
I wish we could make copies of the recent l etters to elders very public.
Someone once mentioned that the WT once gave legal instructions (to whom? what is the relationship between the legal department and an elder legally? I understand that it is a religious guru for the elder. My gut tells me there prob. isn't a legal relationship. ) for elders to not write to the Legal Department but to use a pay phone so no documentation exists.
I don't think what Anonymous is doing is wise. Why can't a single Witness be as forthright as Ray Franz was when young children are at stake? Too many people are involved in this at the WT level. A leak has to develop.
Normally, JWs matters get lost in the media. Sandusky, the Roman Catholic Church, the time is now.
It would be interesting to see how the Roman Catholic Church is currently responding- have they changed their policies substantially?- and what the WT is doing.