Michael,
I don't believe the higher ups are trying to find or make up rules to hide behind.
The punish in private policy has been long standing. They are following policy there. Now, there is potential for precedent here wherein the member(s) has requested that the disciplinary action be released to the domain as a whole.... which has not been done before. Only they (Charles and Alex) can choose whether or not to set such a precedent since they are the disciplining officers.
As for other policies and such... I can say that Charles and Alex were operating with policy and/or precedent as their guide.
As for the domain in black status thing, the color codes has been long standing (it's been around as long as I can remember).
While I can see what you are saying, I think that much of what has happened either was based off an incorrect perception, a perceived tone in email or commentary, information not being shared in its entirety, and/or other reasons that I am not sure of... that led to a very large explosion.
Quite frankly, overall, in this entire situation there are many ways to either set, change, or break precedent. But, since Charles and Alex made this decision, only they can set the precedent here.
Overall, I think it might be a good idea to give the Council a chance to make their ruling and then go from there... as I myself do not know their ruling, I will not speculate on what it might be.
Sincerely,
Jed Stancato
US2002021727
East Central Regional Coordinator