As you read the information from President Kieschnick note that Kieschnick
  has not sent out Schulz's reasons for suspending Benke. Kieschnick is putting
  Schulz on trial in the media. It was Kieschnick who originally released all of
  the information about LCMS pastors filing charged against Benke to the media
  last fall.
  
  The following Release is from The Lutheran Church--Missouri Synod Board for
  Communication Services:
  LCMSNews -- No. 38
  July 12, 2002
  Kieschnick calls on Schulz to reverse Benke suspension
  By David L. Mahsman
  Lutheran Church--Missouri Synod Second Vice President Wallace Schulz has
  suspended Atlantic District President David Benke over his participation in a
  post-Sept. 11 event at Yankee Stadium.
  But Synod President Gerald Kieschnick says Schulz's action violates a
  resolution adopted by last year's Synod convention. Kieschnick has written to
  Schulz asking that his action be "altered or reversed."
  Schulz placed Benke on suspended status June 25 in a case related to
  Benke's participation in "A Prayer for America" last Sept. 23 at
  Yankee Stadium. Benke offered a prayer at the event, which included
  participation by Christian and non-Christian clergy, political leaders and
  entertainers.
  A Jan. 30 majority vote of the Synod's praesidium -- the president and five
  vice presidents -- gave responsibility to Schulz for investigating charges
  that had been brought against Benke by a number of LCMS pastors and
  congregations. The complaints allege that Benke is guilty of a variety of
  charges, including "unionism" and "syncretism."
  Benke has asked that his case be heard and resolved, in effect appealing
  the suspension. The process outlined in the Synod's Bylaws calls for a
  three-member "Dispute Resolution Panel" to hear the case. The three
  would be selected by blind draw from among a Synodwide pool of trained
  "reconcilers" appointed by the districts.
  There has been no indication how quickly a panel might be established.
  Suspension means that Benke has been relieved of his district and Synod
  duties, while he remains pastor of St. Peter Lutheran Church in Brooklyn. A
  ruling in favor of Benke by the Dispute Resolution Panel would lift the
  suspension. A ruling against him would lead to his removal from the Synod's
  clergy roster unless a review panel were to reverse such a decision.
  In a "Pastoral Letter to the Synod," Kieschnick wrote that he is
  "hereby advising the Synod that I have no choice but to `call up for
  review' Dr. Schulz's action of placing President David H. Benke on suspended
  status for the purpose of requesting that his action be `altered or
  reversed.'"
  The letter was sent July 9 via e-mail to LCMS church workers, officials and
  congregations. At the time that this LCMSNews release was sent, a printed
  version was being prepared for mailing. It also is available on the Synod's
  Website, http://www.lcms.org.
  Kieschnick in his letter invokes a Synod bylaw (3.101, B, 5) that directs
  the president to "call up for review any action by an individual officer
  ... which, in his view, may be in violation of the Constitution, Bylaws and
  resolutions of the Synod ...."
  Last year's Synod convention adopted a resolution (3-07A), that commends
  "for continued use and guidance" two documents on church-fellowship
  issues from the Commission on Theology and Church Relations and the late LCMS
  President A.L. Barry. One includes a discussion of "cases of
  discretion," stating in part, "Not every occasion where worship
  takes place is necessarily a manifestation of church fellowship."
  "Dr. Benke's decision to participate in the Yankee Stadium event was
  made following consultation with his ecclesiastical supervisor and other
  advisors, who provided counsel to him based on the Constitution of the Synod
  and 2001 Resolution 3-07A," Kieschnick wrote.
  "... Vice President Schulz has suspended President Benke without even
  addressing the question of whether he has acted contrary to the doctrine and
  practice of the Synod as presented in Resolution 3-07A. As an officer of the
  Synod Dr. Schulz is bound to honor and uphold the resolutions of the Synod.
  Accordingly, any decision which he might make regarding the suspension of an
  LCMS pastor MUST be based on the understanding of what the Scriptures and the
  Lutheran Confessions teach AS DETERMINED BY THE LUTHERAN CHURCH--MISSOURI
  SYNOD IN ITS CONSTITUTION, BYLAWS AND SYNODICAL RESOLUTIONS," Kieschnick
  wrote, adding the emphasis (where capitalized). "This he has not done in
  his action of suspending President Benke."
  Contacted at his home July 10, Schulz said that he has "no
  response" to Kieschnick's letter.
  Kieschnick is visiting the Atlantic District yesterday (July 11) and today
  (July 12) to meet with Benke's congregation, as well as with the Atlantic
  District Board of Directors and the board of regents, faculty and staff of
  Concordia College, Bronxville, N.Y.
  "The purpose of these meetings will be to encourage these members of
  the Synod, to demonstrate evangelical, pastoral concern for them during this
  stressful time, and to assure them of the love and support of the members of
  the Synod and of the Council of Presidents, including the synodical
  president," Kieschnick wrote in his letter to the Synod.
  Atlantic District First Vice President Charles Froehlich, pastor of St.
  Luke Lutheran Church, Dix Hill, N.Y., has taken up the district president's
  responsibilities as a result of Benke's suspension.
  In a letter to the people of the district, Froehlich wrote that he is
  assuming the responsibilities "in full support of Dr. Benke's action,
  with the expectation that the suspension will be removed and Dr. Benke will be
  fully exonerated."
  Froehlich's letter is posted on the district's Website, http://www.lcms.org