Posted by Tim
Unfortunately, what should have been very clear and a slam dunk got horribly discombobulated, not just in Jeff's fumbling Q and A, but even in the prepared statement where it appears that there was an attempt to do this "peacefully."
I can understand that, but given the enemy, we can give no quarter. If you don't believe me, just watch the Kiko's spring into action on their blog. Even if they lose the battle, they are determined to win the war.
So let me explain what happened.
It became clear after the cemetery board fiasco that the Apostolic Administrator had the civil authority to replace the board of directors of a corporation where the "Archbishop of Agana" was the sole incorporator (this is different than a corporation sole).
Some bright guys on our side saw the way clear to effect the same thing with RMS: 1) get rid of Tricky Dick and his gaggle of fools (I.e. FIRE the damn Board of Directors), 2) replace the Board, and 3) have the new Board convey title back to the Archdiocese.
But we need to back up before this will make sense.
The really nasty roadblock to such a course of action was always the presence of that illicit Board of Guarantors. I say "illicit" because Guam law does not recognize anything other than the Board of Directors when it comes to control of a Guam corporation.
However, Rev & Tax stamped the initial articles of incorporation filed in 2002, effectively approving the presence of this second board. The Kikos probably snuck this past Rev and Tax with the line that they have continued to hide behind: that they are only there to "insure the purposes of the corporation."
However, the Articles of Incorporation said otherwise. The Articles gave the Board of Guarantors absolute veto and approval power over every decision involving the expenditure of $5000 or more. The By-Laws insured that the members of the Neocatechumenal Responsible team for the United States would always be members of the Board of Guarantors.
The Bronze Opinion further noted that the Board of Guarantors was unelected, unappointed, and unremovable. (I'll have to link all this up later.)
In short, Board of Guarantors was all-powerful and appeared to limit even what the Incorporator (the Archbishop of Agana could do.
However, once we exposed the clandestinely recorded Declaration of Deed Restriction and proved that it was in fact an instrument of conveyance, which also caught Gennarini with his pants down, the Kikos scrambled to amend their Articles in an attempt to cover what they had done by clarifying and further acknowledging the rights of the Incorporator.
Of course the Kikos at the time probably never thought that Apuron would soon be taken out so they thought they were safe. (The new Articles were recorded on January 29, 2015. Apuron would be gone 18 months later.)
So the amended articles came in handy once Apuron was gone and the Apostolic Administrator installed. However, we ran into a new problem: HON. Hon was either misinformed or seriously compromised by the Kiko-Cardinal, Filoni, because very soon after taking office he did a media tour touting that the Yona property belonged to the Archdiocese "NO DOUBT!"
Hon's "NO DOUBT" turned out to be the rallying cry for a few people who really knew what was going on and made them mad as hell and they decided not to take it anymore.
I have to skip the details, but let's just say in a short time Hon was cornered with the truth and ultimately agreed to execute what I'll call the "nuclear option." I can't say more about what happened after that, but in the end what happened is this:
Archbishop Byrnes, as of his appointment as coadjutor archbishop, and in the absence of the archbishop, retained full ecclesial and civil authority to effect the following:
1) The complete removal of the RMS Board of Directors (bye bye Trick Dick)
2) The appointment of himself as the Board.
3) The conveyance of title to the property back to the Archdiocese of Agana via a Grant Deed which Byrnes, as the Board of RMS, was now authorized to sign.
But what about the Board of Guarantors?
Byrnes signed a document abolishing that Board. However, it was a bit of a bet. Technically, the Board of Guarantors was "unremovable," but our guys thought that if the new pope-appointed coadjutor Archbishop signed a document abolishing them, they would not want to risk a suit. The RMS Guam situation had become TOO HOT TO HANDLE.
Thanks to this blog and it's nearly 7 million views in three years, its nearly 100,000 comments, it's immense traffic and thus its visibility from all corners of the globe, and even more thanks to the steady drip drip drip torture of the Sunday picketers which constantly drew media attention, Guam has become too much of liability for the Kikos. Better to let them have their property and the hell with it.
But let us NOT GROW WEARY IN WELL DOING. We are not there yet. Evil doesn't know shame.
It appears the CLOCK has stopped.