Terry, at the beginning of the thread I thought you were going to underscrore an internal moral issue within the WT doctrine. In other words, it is as if their moral values are at odds with one another internally. I was with you. But I don't know if I can get behind the legal aspect of this.
Let's look at it from a different angle, shall we?
In chess there is a principle that I believe was espoused by Grandmaster Aaron Nimzovich:
A THREAT IS MORE POWERFUL THAN ITS EXECUTION.
A strategy of defending yourself doesn't win. Aggressive counter threats keep your opponent off balance. By creating even the semblance of aggressive
countermoves your opponent must rethink any all out win.
The Elders want to stifle, smother and quash PUBLICITY inimical to the brand: Jehovah's Witnesses.
The total fear of the Watchtower leaders is evidenced by the rotten policies they've enforced of not going to the police, for example.
When the judicial committee convenes they seek to overwhelm by force and intimidation.
Where is the countermove if not a gambit which establishes one thing clearly: "I can make public what goes on here and it can sting!"
Naturally, both sides hide behind a mask of touchy-feeling spiritual b.s. language!
But, boundries must be established!
You can't cross this line.
WHERE IS THAT LINE? YOU MUST KNOW AND THE ELDERS MUST KNOW.
Here is what goes wrong for innocent Jw's sitting there surrounded by prosecutors---assuming you are powerless even if you are in the right!
You can't assume Jehovah is going to watch out for you!
"Look, before we begin this little get together--let me just say I will remain respectful and humble but I will not stand for having my rights violated and I will engage an attorney if you step over the line. Am I clear?"
There is the gambit. An implied threat which can be more powerful than its execution.
Don't Tread on Me.
By the way, there is a moral dissonance in disfellowship policy when it is used as a weapon or a means of silencing a legal or criminal issue.