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Oversight Hearing on Religious Liberty
Before the Subcommittee on the Constitution
United States Senate Committee on the Judiciary

SUPPLEMENTAL COMMENTS ON BEHALF

OF THE
UNIFICATION CHURCH OF AMERICA

Edward F. Canfield
Robert E. Heggestad
Mark S. Weiss

CASEY, SCOTT & CANFIELD, P.C.
1435 G Street, N.W.
Suite 420
Washington, D.C. 20005
(202) 783-6490

Counsel for the Unification

Church of America

August 15, 1984

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B.

The Highly Prejudicial Publicity
Surrounding the Unification Church and
Reverend Moon Precluded Any Possibility
That a Panel of Jurors Free From Bias
or Prejudice could be selected .

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The Government's Prosecution of this
Case on the basis of whether the Unifi-
cation Church Was a True Religion, Deprived
Reverend Moon of the Opportunity for a
Fair Trial

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Oversight Hearing on Religious Liberty
Before the Subcommittee on the Constitution
United States Senate Committee on the Judiciary

SUPPLEMENTAL COMMENTS ON BEHALF

OF THE
UNIFICATION CHURCH OF AMERICA

INTRODUCTION

This document is presented to the Subcommittee in

response to an invitation extended by the Chairman, Senator Orrin G. Hatch, at the conclusion of its hearings concerning Current Issues in Religious Liberty on June 26, 1984.

Reverend Sun Myung Moon ("Reverend Moon") the spiritual leader of the worldwide Unification Church movement and the Unification Church of America, was convicted of filing false Federal income tax returns on July 16, 1982, in the United States District Court for the Southern District of New York. This conviction followed a six-week trial, during which the Government sought to buttress its vague and novel theories of taxability with

"evidence" which maligned and generally cast aspersion upon the religious tenets and practices of the Unification Church, as well as its members and Reverend Moon. In essence, the case against Reverend Moon is, and has been since its inception, an indictment and trial of the Unification Church.

These comments are submitted as a supplement to the oral testimony given by Reverend Moon before the Subcommittee, and are designed in part to address questions raised by certain members of the Subcommittee with respect to the fundamental fairness of the prosecution against Reverend Moon. No attempt has been made herein to justify or criticize specific legal theories asserted during the course of the various proceedings in this case. This document, rather, attempts to portray the full tenor of the prosecution, from the indictment of Reverend Moon to the time of his incarceration, through spontaneous statements of the Court, the prosecutors and the jurors. These remarks . have not been culled selectively for the purpose of creating a predetermined impression. In all cases, they are arranged as fairly as possible, in order to demonstrate individual attitudes and reactions, and to shed light upon the vital issues of religious freedom, Constitutional right and proper functioning of the judicial system, which are the concern of

this Subcommittee.

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