I don't think the original post was suggesting anyone needs to violate the constitution in order to put the clamp down on Scientology.
But it seemed too obvious to remark that any case by the government against Scientology would need former members to testify against the organization. And that is happening in some places, France I think and Australia, but my memory could be faulty on that.
If the US government had any balls in the area of religion, I am sure that simply revoking their tax-exempt status until they provide a full accounting of their activities would be a really good start. But oh, guess what? We still kowtow to religion on capitol hill.
I still think that the greatest weapon against charlatans (and the out-and-out hoodlums who disguise their antics as religion) is to keep building an atmosphere of intolerance for this kind of crap. When it becomes socially acceptable to laugh at these kinds of groups instead of tip toeing around them because "its religion, we must respect the beliefs of others"...then and only then will this type of madness really end.