DECLARATION OF GERALD ARMSTRONG
I, Gerald Armstrong, declare:
1. I am the appellant in this appeal and the defendant in
the underlying Marin Superior Court action. I have personal
knowledge of the facts set forth in this declaration and could
competently testify thereto if called as a witness. I am making
this declaration in support of an opposition to plaintiff and
respondent Scientology's motion to dismiss the appeal and in
support of a cross motion to stay enforcement of the judgment
during the pendency of the appeal.
2. Scientology moves this Court to dismiss my appeal from
the judgment it obtained against me and its permanent injunction
filed October 17, 1995 (Exhibit C to Declaration of Andrew H.
Wilson ("Wilson Dec") in support of Motion) on the ground that I
have "been held to be in ongoing contempt of the very court order
from which [I] seek to appeal, that [I am] a fugitive from
that court order, and that a bench warrant has been issued by the
Superior Court for [my] arrest pursuant to the order of
contempt." (Motion, p1) Scientology's motion, memorandum of
points and authorities and Mr. Wilson's declaration contain
3. Scientology states:
This is false.
4. The contempt order, a true and correct copy of which is
appended hereto as Exhibit , states:
5. Nowhere in the subject January 26, 1997 declaration, a
true and correct copy of which is appended hereto as Exhibit ,
do I make the statements Scientology has included in its Order
which Judge Thomas signed. I state in the January 26, 1997
6. The Injunction specifically permits me to
"[v]oluntarily assist any [ ] governmental organ or entity [ ]
regarding [Scientology, its claims and claims against it]."
(Wilson Dec, Ex. C, 7:4-7; 8:1-7). My reasoning for the legality
of my sending the declaration to Judge Whyte is that if the Marin
Superior Court's Order prohibits me from "voluntarily assisting,"
or freely communicating to, governmental organs or entities about
Scientology, I would not be permitted to report, e.g., murder.
Such an interpretation must create a terrible illegality and a
public wrong. Scientology is widely known as a dangerous and
criminal cult, and I believe everyone, for individual and the
common safety, must be free to communicate its dangers and
7. My January 26, 1997 declaration was the reporting of
another crime by Scientology, namely obstruction of justice
through its attempt to intimidate me, a subpoenaed witness, into
not obeying the subpoena. I believe that it was completely
legal, probably a civic duty, and certainly not prohibited by the
Permanent Injunction, to bring the obstruction of justice, and
the facts underlying and surrounding it, to the attention of
Judge Whyte who presided over the case in which the obstruction
of justice occurred.
8. On January 23, 1997 I received a subpoena, a true and
correct copy of which is appended hereto as Exhibit ,from Grady
Ward in the case of RTC v. Ward, US District Court for the
Northern District of California, case no. C-96-20207 RMW. Mr.
Ward's subpoena states:
See also Ex. 2 hereto, 43:13-15. In response to Mr. Ward's
subpoena I produced my January 26, 1997 declaration and the
exhibits thereto.(Ex. 2)
9. On January 24, 1997 I received by fax a letter, a true
and correct copy of which is appended hereto as Exhibit , from
Scientology attorney Andrew H. Wilson, threatening prosecution in
the Superior Court if I provide the documents to Mr. Ward as
subpoenaed. Mr. Wilson's statement in the second paragraph that
my "obligation to produce documents in response to lawfully
issued and served subpoena is unquestioned" I took to be an
effort to give plausible deniability to the threat and the clear
obstruction of justice contained in the rest of the letter. I
understood Mr. Wilson to be saying for Scientology, "We know you
have a legal right to produce the subpoenaed documents, but we're
going to prosecute you anyway." See also Ex. 2 hereto, 43:16-22.
In response to Mr. Wilson's threat I sent the declaration I had
been ordered to produce by Mr. Ward to Judge Whyte, who, I
believed, and still believe, is the proper person to be advised
of and curtail Scientology's interference with a witness in the
cases before him.
10. Mr. Ward's subpoena to me commanding the production of
declarations and other documents concerning Scientology private
investigator Ingram was relevant because Mr. Ingram had
orchestrated or participated in a number of crimes or
intelligence operations against me; e.g., threatening to put a
bullet between my eyes; illegally videotaping me; attempted
entrapment; worldwide character assassination, which Scientology
calls "black propaganda" or "black PR;" and harassment of my
friends. He had also orchestrated or participated in a number of
crimes or intelligence operations against my attorney Michael
Flynn; e.g., framing him with forgery of a $2,000,000 check; and
my attorney Ford Greene; e.g., planting a spy in his office to
copy and/or steal his files; filing false bar complaints;
harassing his friends. I understand that Mr. Ward was also the
target of crimes or intelligence ops orchestrated or participated
in by Mr. Ingram, and that Mr. Ward was seeking information in
order to have Scientology and Ingram desist in such crimes or
11. The Order of Contempt signed by Judge Thomas states:
This is untrue for three reasons. I was subpoenaed and did not
"voluntarily" produce the documents I produced. I was reporting
the criminal offense of obstruction of justice. I was doing what
every citizen should do: oppose injustice. I have stated over
and over, since 1990, and remain even more convinced today, that
it is wrong, illegal and dangerous for any entity, but
particularly an organization such as Scientology, to be able to
say whatever it wants about anyone, including me, and the target
of those statements, including me, be unable to respond; and
further, if he does respond, to be subject to fines and
imprisonment. To not respond, then, is, because of that wrong,
illegality and danger, for moral, ethical, legal and religious
reasons, no matter what penalty injustice may impose, for me,
12. Although it is correct to say that Judge Thomas signed
Scientology's document which states that I willfully disobeyed
the Order, it is false to say that I have willfully disobeyed the
injunctive order from which I appeal and have been held in
contempt for that disobedience." I was permitted by the Order to
send Judge Whyte the declaration, and I had been subpoenaed.
13. Scientology states:
This is false.
14. I left the United States in February, 1997. Scientology
obtained its contempt order in June. (Ex. 1 hereto)
15. Mr. Wilson states:
This is false.
16. Accepting Mr. Wilson's own representation, he called my
former residence in San Anselmo, California to give notice of his
ex parte application for the OSC on February 14, 1997. (See
Wilson letter, Ex. 11 hereto) I had left that residence on
January 28, 1997 and was already in Canada on February 11.
Appended hereto as Exhibit  is a true and correct copy of my
boarding pass from that date.
17. I left the US, not because of Scientology's OSC or its
contempt order, but because of this organization's unceasing
threats and attacks and my need to be in a position to oppose
those threats and attacks, for my own safety and for the safety
of countless other people attacked and victimized by the
18. I have been for many years and am now the target of
Scientology's notorious "Fair Game" policy concocted and named by
organization founder L. Ron Hubbard, which states in one of its
forms that "enemies" may be tricked, cheated, lied to, stolen
from and destroyed without discipline to the perpetrator. In
another form, which along with the above description is used and
defended by Scientology as "scripture," Hubbard writes:
These are widely known writings, and Scientology does not deny
their authenticity. I can provide these and other policies
providing instruction on the Scientology organization's
aggressive and dangerous nature and activities if this Court so
desires. On information and belief, many judges in this state,
and probably across the United States, have an awareness already
of Scientology's use of the law for impermissible purposes.
19. I have been assaulted, spied on, run into bodily with a
car, threatened with murder, illegally videotaped, and harassed
in many other ways by agents of Scientology. Organization agents
have stolen legal documents and art from me, sued me five times,
filed countless false sworn statements about me, attempted to
involve me in a freeway accident, and attempted at least thirteen
times to have me jailed on false charges. The organization has
carried out fair game campaigns against my attorneys Michael
Flynn and Ford Greene. It has carried out an international
campaign to destroy my credibility and reputation pursuant to its
policy and practice of black PR, which is another form and facet
of fair game.
20. Scientology obtained my signature on its "settlement
agreement," the judicial enforcement of which led to the Judgment
from which I am appealing, by fraud, duress and the compromise of
my attorney Michael Flynn through a concerted campaign subjecting
him to years of fair game. I have provided a wealth of evidence
concerning the circumstances at the time of the 1986 "settlement"
and this fraud, duress and attorney compromise in the record on
appeal, and cited to that evidence in my opening brief, a true
and correct copy of the relevant pages from which is appended
hereto as Exhibit .
21. Scientology brought me back into its conflict and
brought me to speak out against its tortious and criminal
practices because of its black PRing and threatening me after the
"settlement." I have provided in the record on appeal evidence
concerning Scientology's attacks and threats following the
"settlement" and before I responded, and cited to that evidence
in my opening brief, a true and correct copy of the relevant
pages from which is appended hereto as Exhibit .
22. Scientology continued to fair game me after it
commenced its judicial enforcement of the "settlement agreement."
I have provided in the record on appeal evidence concerning
Scientology's attacks and threats during that period up to its
obtaining the judgment from which this appeal is taken, and cited
to that evidence in my opening brief, a true and correct copy
of the relevant pages from which is appended hereto as Exhibit .
23. Following its obtaining the "permanent injunction" and
"judgment" against me, Scientology has continued up to the
present to fair game, black PR and threaten me. It is these
attacks and threats, all generated by the Scientology
organization, which brought me to leave California and go to
Canada where for a period of time I would be able to counter the
threats and attacks.
24. Appended hereto as Exhibit is a true and correct copy
of two documents I received in late November, 1996 from Craig
Branch of the Watchman Fellowship, a Christian research
and apologetics organization and publisher. The first is a letter
dated October 21, 1996 from Cathy Norman of Scientology's Office
of Special Affairs ("OSA") in Austin, Texas. OSA is the internal
branch of the Scientology enterprise which carries out its legal
and extra-legal attacks on the organization's targeted "enemies."
The second document is black PR on me given a date of May 10,
1993 generated by OSA in its central office, directed by David
Miscavige, who holds other designations such as "leader,"
"Chairman," "ecclesiastical head" and "DM," and who is
personally, just as Hubbard was before him, responsible for his
organization's black PR and all its fair game. The 1993 black PR
is factually false and presents a false and degrading picture of
me. It is similar to a mountain of black PR Scientology
disseminated about me prior to the "injunction." Ms. Norman
states in her letter that she also provided the black PR document
to one James Walker, of the Texas branch of Watchman Fellowship.
25. Appended hereto as Exhibit  is a true and correct
copy of a letter dated February 12, 1997 from my attorney George
W. Abbott to Ms. Norman, David Miscavige, and corporate entities
RTC and CSI, the latter being plaintiff and respondent herein.
In his letter on my behalf Mr. Abbott demands a retraction and
payment of damages. Mr. Abbott also states:
from telling the truth to whomever he chooses in
26. Appended hereto as Exhibit  is a true and correct
copy of a letter dated February 25, 1997 from attorney Wilson to
Mr. Abbott refusing to retract the libel and rejecting the
demand. In his letter, Mr. Wilson states:
27. Instead of responding responsibly to the presentation
of serious charges of a personal and defamatory attack on me, Mr.
Wilson forwards Scientology's black PR attack:
28. Mr. Wilson also states:
Mr. Wilson is forwarding a lie. The name "Armstrong," referring
to me, occurs in the 1993 document 83 times, and each of its 8
pages and 27 paragraphs concerns me personally.
29. In January this year I came across the internet site of
a Maureen Garde which contained part of Scientology's IRS Form
1023 responses to questions asked of the organization by the IRS
when dealing with its application for tax exemption. I
discovered a section in the webbed 1023 submission, which
Scientology had filed in 1991 or 1992, containing the same sort
of black PR on me as is contained in other black PR the
organization has published about me. A true and correct copy of
part of the 1023 submission, which I downloaded off the internet
and printed, is appended hereto as Exhibit . Scientology's
statements about me and my earlier litigation, Los Angeles
Superior Court Case No. C 420153, are in fact and conclusion
false. The decision of Judge Paul G. Breckenridge, Jr. in that
case was affirmed on appeal, Scientology v. Armstrong,(1991), 232
Cal.App.3rd 1060, 283 Cal.Rptr. 917. Scientology was granted tax
exemption by the IRS in 1993 on the basis of this false
submission. Scientology submitted these false statements to the
IRS during a time the organization was attempting to judicially
and extrajudicially silence me and thus prevent me from
responding to its falsehoods. The importance of my earlier
litigation and testimony to the IRS in its denial of
Scientology's tax exemption is shown by Scientology's statements
in the 1023 response:
30. The depth of Scientology's black PRing of me in its
submission to the IRS is shown by its statement:
31. On information and belief, Scientology makes this 1023
submission publicly available at all of its branches. This
document continues to be available on the internet for the whole
world to see at http://superlink.net/user/mgarde/irs1023.htm.
32. I believe that Scientology will do anything to silence
me completely and forever. I also believe that Scientology's
false submission to the IRS and its obtaining of its tax
exemption based thereon constitutes a massive fraud upon the
people of not only the US but the world. I therefore had to
leave the US, where Scientology could prevent me from correcting
this fraud, and have me harmed in many ways to so prevent me, to
be in a country where I have legal protection from Scientology's
abuse of the justice system and where I could work to correct its
33. Although Scientology possessed both the 1993 black PR
sent to Watchman Fellowship principals Branch and Walker and the
IRS form 1023 black PR on me during the discovery phase of this
case in the Court below, and although both documents were of a
type and nature of document Scientology was ordered to produce to
me during discovery, Scientology did not produce these documents.
34. While I was in Germany in October this year, at the
invitation of a Christian group who also paid my expenses, to
discuss, inter alia, Scientology's obtaining its IRS tax
exemption by fraud and its "religious" persecution of innocent
people, Scientology agents passed out copies of a black PR
document on me, a copy of which, along with an English
translation, is appended hereto as Exhibit . This black PR is
based on false statements about me attributed to Scientology
attorney Elliot Abelson who has his office in Los Angeles,
California. On information and belief, this black PR document
was also provided by Scientology to German media persons, and at
least one newspaper used the information contained in the
document in a published article.
35. Approximately three months ago I was advised by a
Canadian radio journalist in Edmonton, Alberta that Scientology
OSA agent Yvette Shank provided her with a pack of documents
concerning me, which, on information and belief, is black PR.
36. Approximately two months ago I was contacted by a
British television journalist and advised that Scientology
director and OSA agent Lynn Farny provided British Television
Channel 4 with a letter and a pack of documents concerning me,
which, on information and belief, is black PR.
37. Over the past two years I have also been the target of
a number of black PR attacks by Scientology agents on the
internet newsgroup alt.religion.scientology, ("ARS"), and on
various Scientology internet sites.
38. Appended hereto as Exhibit  is a true and correct
copy of a complaint for defamation and intentional infliction of
emotional distress, Gerald Armstrong v. David Miscavige, et al.,
US District Court, District of Nevada, Case No. CV-N-00670-ECR
(RAM), filed November 24, 1997. This lawsuit flows from David
Miscavige and his Scientology organization's manufacture and
dissemination of the black PR publications forming Exhibit 
hereto, received by me in November, 1996.
39. Appended hereto as Exhibit  is a true and correct
copy of my letter of March 6, 1997 to David Miscavige requesting
a meeting with him in order to correct the falsehoods in his
organization's 1023 submission and hopefully bring about other
reforms in Scientology, and laying out a program I intend to
follow if he refused to meet and correct the record.
40. Appended hereto as Exhibit is a true and correct
copy of two letters dated March 25, 1997 and May 5, 1997 to Mr.
Miscavige from George Abbott. The March 25 letter accompanied my
March 6 letter to Mr. Miscavige. These two letters were refused
by Mr. Miscavige and RTC and returned by the postal service. The
May 5 letter was faxed to Mr. Miscavige at RTC, along with the
March 6 and March 25 letters.
41. Appended hereto as Exhibit  is a true and correct
copy of a letter dated May 8, 1997 to Mr. Abbott from attorney
Andrew Wilson, who rejects on behalf of Mr. Miscavige my proposal
to meet and correct Scientology's falsehoods.
42. Appended hereto as Exhibit  is a true and correct
copy of a letter dated November 27, 1997 from Mr. Wilson to me
received by me December 1, stating:
43. Later on December 1 I posted to ARS a message, a true
and correct copy of which is appended hereto as Exhibit , in
which I stated that "I can't make the 0930 appearance."
44. On December 4, a Scientology process server attempted
to serve me in the office of Mr. Abbott, who represents me in the
Armstrong v. Miscavige, US District Court case, supra (Ex.14),
with what I understand to be an OSC issued by the Marin Superior
Court. I advised the process server, who spoke with me by phone
from Mr. Abbott's office that I would be in Mr. Abbott's office
within two weeks and would at that time accept service of
whatever she had.
45. Also on December 4 I posted to ARS a message, a true
and correct copy of which is appended hereto as Exhibit ,
specifically directed to the Scientology organization, in which I
I also stated in the December 4 post:
46. On December 5 I also called Mr. Wilson's office and
left a voice mail message, providing generally the same
information as in my December 4 post, and advising Mr. Wilson
specifically that I expected to be in Mr. Abbott's office within
two weeks and would accept service at that time of whatever the
Scientology organization wanted to serve on me. I am at this time
in the process of moving to my new residence in Nevada.
47. Appended hereto as Exhibit  is a true and correct
copy of my letter of October 18, 1997 to the [Congressional]
Commission on Security and Cooperation in Europe regarding
"Religious Intolerance in Europe: the Scientology connection."
This letter discusses my Scientology experiences and knowledge
and criticizes Scientology's abuse of people and abuse of the
justice system, including abuse in the matters before this Court.
In addition to mailing the letter to the CSCE, I posted it to ARS
and have provided it to many people for further free
48. Appended hereto as Exhibit  is a true and
correct copy, as downloaded from US Government documents internet site
http://thomas.loc.gov/r105/r105d09no7.html, of the November 9,
1997 Congressional Record concerning H. Con. Res. 22, a proposed
resolution to condemn Germany for its government's actions and
policies regarding the Scientology's organization.
49. Appended hereto as Exhibit  is a true and correct
copy of a letter delivered by me on December 5, 1997 to the
United States Consulate General in Vancouver, B.C., Canada, and
to the Vancouver Sun and Vancouver Province newspapers. This
letter, or a similar version to this, was delivered by people
protesting the Scientology organization's violations of human
rights to US consulates and embassies and US Federal buildings in
various places around the world on December 5. Also forming part
of Exhibit 23 is a copy of an updated list of signatories to the
50. Appended hereto as Exhibit  is a true and correct
copy of a study entitled "Brainwashing in Scientology's
Rehabilitation Project Force (RPF)" presented at the Society for
the Scientific Study of Religion in San Diego, California
November 7, 1997 by Stephen A. Kent, Ph.D., Department of
Sociology, University of Alberta, Canada. This study cites to an
affidavit executed by me in 1982, and to a post I made to ARS a
few months ago. (See, e.g., Ex. 24, Bibliography, p. 32) I was in
the RPF, Scientology's penal camp, on two occasions for a total
of 25 months.
51. Appended hereto as Exhibit  is a true and correct
copy of the decision of Judge Paul G. Breckenridge, Jr in the
case of Scientology v. Armstrong, Los Angeles Superior Court Case
No. C 420153 filed June 22, 1984. This decision was affirmed on
appeal, Scientology v. Armstrong, 232 Cal.App.3d 1060, 283 Cal.
52. Appended hereto as Exhibit  is a true and correct
copy of a number of messages, the pages of which I have hand-
numbered "1" - "60", posted to the ARS newsgroup by me and others
during the period of June to December, 1997. My participation in
the discussions shown in these posts is representative of my
participation in ARS since I began to participate in June this
year. I have made approximately 200 posts to ARS in that time,
and my name has appeared or my experiences discussed on the
ARS newsgroup perhaps two thousand times.
53. ARS is a cyberspace message center and meeting place
for people who seek an end to Scientology's fair game doctrine,
and who derive a certain amount of safety from fair game attacks
by meeting, communicating and reading others' communications on
the newsgroup. ARS is free to everyone, and no one is barred from
participating, including Scientologists and Scientology agents,
who participate for the most part by practicing fair game against
the people dedicated to ARS's goal of ending that practice, and
ending the threat it is to so many. Participation in ARS is by
posting to the newsgroup messages relating to Scientology. Much
of the information provided by participants makes its way onto
"permanent" web sites or is otherwise "permanently" archived. A
number of ARS participants are defendants, some like myself in
propria persona, in Scientology litigations.
54. Many documents filed in Scientology litigations around
the world are posted to ARS, often the day they are filed in
court. In this appeal, I posted my Appellant's Opening Brief
filed in August this year, and there was some subsequent
discussion on the newsgroup of certain sections or facts from the
brief. The instant document, for example, I will also post at
some point. I have found that all the work of preparing documents
and making them public is one of the prices for finding relative
safety through faith in free speech and the efficacy of getting
the word out. What flows on ARS's field of free speech is the
participants' knowledge of and experiences with Scientology's
nature and activities, past and present, and the participants'
on-going experience of participation. Since I have had a very
long and intense experience with Scientology and continue to have
a very time-consuming, full-time and threatening legal,
extralegal and psychological relationship with the organization,
and its leader David Miscavige, I have potentially a great deal
to give to and receive from participation in ARS. Some people
post anonymously; some post openly, using their real names, as I
do. Posts to ARS have averaged some 300 per day for the past few
years. ARS has no organization, but is sometimes used for
organizing the unorganized participants. One of its main
organizing activities is the present, continuing and global
picketing of the Scientology organization protesting its human
rights abuses. I participate in these pickets as circumstances
55. Exhibit , pp1-2, dated 6/25/97, is my response to
attorney Ford Greene and ARS participant Jim Byrd's posts re
Scientology's Contempt Order (Ex. 1 hereto).
56. Exhibit , pp3-4, dated 7/13/97, is my response to ARS
participant Anonymous's post re Scientology's claim of raising
57. Exhibit , p5, dated 7/19/97, is my response to Garry
Scarff's post threatening:
As I stated in the response, Mr. Scarff has testified that he was
involved with Scientology agents in assassination plots, and he
was claiming during the period in which he made the above-quoted
threat that he was then meeting with Scientologists.
58. Exhibit , pp6-8, dated 7/23/97, is my response to a
posted question from Scientology agent Keith Wyatt who asks:
My answer contains an analysis of the basic issue in this appeal,
and a statement of why I have been in Canada:
59. Exhibit , p9, dated 7/7/97, is my post re an L. Ron
Hubbard statement on Scientology brainwashing.
60. Exhibit , pp10,11, dated 9/1/97, is my response to a
question posted by ARS participant Tilman Hausherr who asks:
"Can you tell us more about this? I would like to hear
the name of these people." (Ex. 26, p10)
Mr. Hausherr was asking about a quote from my opening brief filed
62. Exhibit , p14, dated 9/15/97, is my post re the
organization-wide phenomenon of lying in Scientology.
63. Exhibit , pp15-17, dated 11/18/97, is my response to
Tilman Hausherr's post re an often-repeated Scientology black PR
charge that I had posed "nude" for a newspaper.
64. Exhibit , p18, dated 11/7/97, is my response to
Tilman Hausherr's post re liquidated damages penalties in the
case underlying this appeal.
65. Exhibit , pp19-22, dated 11/6/97, is my response to
ARS participants Jens Tingleff and Tilman Hausherr re an art
project of mine.
66. Exhibit , pp23,24, dated 11/5/97, is my post of a
translation of black PR on me distributed by Scientology in
Germany (Ex. 13 hereto). Scientology makes the charge:
I state in response:
67. Exhibit , pp25-36, dated 11/8/97, is my post of a
letter dated December 22, 1992 to David Miscavige, along with a
discussion of Scientology's use of the letter for liquidated
damages purposes and as a basis to obtain an OSC re contempt
68. Exhibit , pp37-40, dated 11/11/97, is my response to
posts of Garry Scarff and a Scientology agent using the name
"RonsAmigo." RonsAmigo forwards Scientology black PR:
69. Exhibit , pp41-45, dated 11/13/97, is my post re
Scientology's use of my recitation of a dream to black PR me.
70. Exhibit , p46, dated 11/14/97, is my response to
posts by ARS participants Ray Randolph and Grady Ward re
Scientology's fair game operation against cartoonist Jim Berry.
71. Exhibit , pp47,48, dated 11/27/97, is my response to
posts by ARS participants Ralph Hilton, Paul B, and Tilman
Hausherr re Scientology practices of "dead agenting" and "black
72. Exhibit , p49, dated 11/18/97, is my response to a
post by Scientology agent RonsAmigo re payments to people
litigating against Scientology. I am one of the people litigating
against Scientology, who has depended at times, for basic
survival and the wherewithal to fight this battle, upon loans or
donations from various supporters.
73. Exhibit , pp50,51, dated 12/9/97, is a post by ARS
participant Rod Keller of an editorial of that date in the St.
Petersburg (Florida) Times. The editorial states:
74. Exhibit , pp52,53, dated 12/10/97, is a post by ARS
participant Anti-Cult (Sten-Arne Zerpe) in response to posts by
ARS participants Ted Mayett and Mark Dallara. Mr. Zerpe states:
"Nobody in this NG, should live with the illusion that
scientology will die silent, no on the contrary they
will do whatever they can to stop their own death.
"That means that they would even hire contract killers
to kill critics if the[y] must. After all, they do
believe that they are under attack from an alien
intergalactic fleet. Do not ever forget that. The
organization that we oppose here, is totally insane.
Their leaders would all qualify for the Hitler of the
year award if there was any. The first winner would of
course be Hubbard himself. When this criminal
organization in the end comes crashing down, I think
that the leaders would fit much better in a mental
institution than in a jail." (Ex. 26, p52)
75. Exhibit , pp54-59, dated 12/10/97, is a post by ARS
participant Chris Sutor in response to a post by Scientology
agent Keith Wyatt. In responding to Mr. Wyatt's assertion that
"critics are making a mountain of a mole hill," Chris Sutor asks:
76. Exhibit , p60, dated 12/10/97, is a response by ARS
participant Joel Hanes to a post by ARS participant Michael
Reuss. Mr. Reuss writes:
Mr. Hanes responds:
To "blow the cult" means in Scientologese "to leave Scientology."
77. Appended hereto as Exhibit  is a true and correct
copy of a letter dated December 12, 1997 from Andrew Wilson to
George Abbott regarding the Armstrong v. Miscavige, US District
Court case, supra (Ex.14). Mr. Wilson states:
78. Appended hereto as Exhibit  is a true and correct
copy of a letter dated December 17, 1997 from George Abbott to
Andrew Wilson in response to Mr. Wilson's December 12 letter.
Mr. Abbott states:
79. Mr. Abbott also states:
80. Appended hereto as Exhibit , is a true and correct
copy of Scientology's ex parte application for an order to show
cause why I should not be held in contempt, the declaration of
Andrew H. Wilson in support thereof, and an order to show cause
re contempt signed December 2, 1997 by Marin Superior Court Judge
Gary W. Thomas, and received by me December 17. I have hand-
numbered the pages of this set of documents "1" - "100."
Scientology's application is based on a number of falsehoods.
81. In his OSC application declaration ("Wilson OSC Dec,
Ex. 29") Mr. Wilson states:
This is false. Scientology paid a lump sum to my attorney Michael
Flynn to settle a number of claims against the organization. The
amount paid by Mr. Flynn to each of his clients was confidential
between them, and unknown to Scientology. The amount paid to me
to settle my lawsuit against Scientology, since that amount could
have been $0.01, is thus irrelevant.
82. In his OSC application declaration Mr. Wilson states:
This is false. My 1990 renunciation was not fraudulent and had
nothing to do with Scientology. (See AOB, p17) The only "breach"
of the "settlement agreement" in 1990 is my petition to the
Second District Court of Appeal for permission to respond in
Scientology's appeal from the 1984 decision (Ex. 25 hereto)in
Scientology v. Armstrong, LASC No. 420153. The Court of Appeal
granted my permission, thus there was no "breach." (See AOB,
pp12-14) The later "breaches" were unrelated to my renunciation,
but directly related and in response to Scientology's breach of
the covenants of good faith and fair dealing by continuing to
attack me after the "settlement."
83. In his OSC application declaration Mr. Wilson states:
This is false. Mr. Wilson asked me in deposition about the
settlement agreement, not the order of Judge Sohigian. Mr. Wilson
attaches page 124 of that deposition transcript wherein I respond
about the "settlement agreement" (Ex. 29, pp21,22), but fails to
attach page 123 where he asks about it. In his declaration in
support of Scientology's motion to dismiss this appeal, Mr.
Wilson states that he "questioned [me] [only] as to whether [I]
intended to obey the [May, 1992] order of Judge Sohigian."
(Wilson Dec, p2,¶4)
84. Following that June, 1992 deposition, it came to light
that Scientology over the years following the 1986 "settlement"
and throughout the post-settlement litigation had been carrying
out a black PR campaign against me far more massive than then
imagined, publishing and disseminating a paper mountain of lies
about me. That fact, in addition to Scientology's litigation
attacks and extralegal threats, to say nothing of its efforts to
deny me basic Constitutional rights, made "honoring" the
"settlement agreement," as I stated in deposition, unsafe, unwise
and logically, ethically, morally, psychically, philosophically,
spiritually, and in any other way, impossible.
85. In his OSC application declaration Mr. Wilson states:
(Wilson OSC Dec, Ex. 29, 16:23-28)
This statement contains the following falsehoods:
- that I willfully disobeyed the preliminary injunction on
numerous occasions. The truth is that I did not, and, despite
Scientology's efforts and pressure to have me found in contempt
and jailed for its own manufactured charges, Judge Wayne
discharged me and the OSC.
- that Judge Wayne heard the OSC in December 1994. The truth
is that Judge Wayne issued an order discharging the OSC on July
- that I admitted the violations. The truth is I did not.
There were no violations. And I strenuously opposed Scientology's
efforts to have me found in contempt and punished for its
- that I pled for mercy from the court. The truth is I did
not. I rejected Scientology's efforts to have me punished on its
trumped up charges.
-that Judge Wayne discharged the contempt but admonished me
to conduct myself appropriately in the future. The truth is she
made no such comment in her ruling.
Appended hereto as Exhibit  is a true and correct copy of Judge
Wayne's Order of July 29, 1994 discharging the OSC. (Also AOB CT
7499-7501) (See also 12/22/92 letter, Ex.26 hereto, pp25-36)
86. In his OSC application declaration Mr. Wilson states:
This is false. My post did not discuss CSI. Also, Scientology has
produced here an altered version of my post, deleting the name
"Xenu" from the final line on p.1 of the post (Ex. 29, p39),
which should read ""ARC," or Xenu, etc., etc." Scientologists
are taught in the organization's "secret" "upper levels," and
must believe if they would be Scientologists, that 75 million
years ago an evil tyrant named Xenu brought people from all over
the galaxy to earth, dumped them in volcanoes and exploded the
volcanoes with hydrogen bombs. The murdered beings were then
assembled and electronically implanted to make them into the
degraded beings Scientologists think humans are today.
Scientology teaches that human bodies are masses of these
degraded entities called "body thetans." Scientology teaches that
God and Christ are not real, but are electronically implanted
ideas from the Xenu period implanters, used to enslave people. I
believe that Scientology's teachings on this subject are madness,
are a factor in the organization's propensity for abusing its
members and attacking its critics, and should be exposed to
reduce or eliminate the abuse and attacks.
87. In his OSC application declaration Mr. Wilson states:
This is false. There are no false and derogatory charges against
Scientology in my letter to the CSCE. All my statements are true.
These charges are before the Marin Superior Court, this Court of
Appeal, the CSCE, and the world, not because I have disobeyed the
Marin Court's Order, but because Scientology is engaged in
activities against me and others which are violative of human
rights and are dangerous. Scientology is engaged in high level
political machinations involving, and representing a threat to,
US relations with foreign nations and Constitutional rights of
citizens within the US. These issues brought me to write to the
CSCE and to make public my knowledge about the political and
antisocial goals of Scientology. I believe that no court in the
US can legally strip me of my right to participate in public
controversies and political and Constitutional issues of this
level and nature which impact me directly and in which I have
potentially vital information which the public has a right to
88. In his OSC application declaration Mr. Wilson states:
This is false. On information and belief, Ms. Rennenbach and Ms.
Caberta's opposition to Scientology is due to the organization's
human rights abuses. In Germany, Scientology is not recognized as
a "religion," but is recognized as a commercial enterprise with a
totalitarian nature and global political goals. On information
and belief, the United Nations did not censor Germany at all in
the past three years, and certainly not in relation to
Scientology. It is Scientology, through attack, threat, illegal
"contracts," and illegal enforcement thereof, which attempts to
censor its own members, and censor anyone who would criticize or
attempt to reform its antisocial practices. On information and
belief, the US State Department's support of Scientology's attack
on Germany, and on other countries which have acted to restrain
the organization's abusive practices, is misguided, and
erroneously based on Scientology's fair game attacks and false
statements, including its false statements about me. Germany and
other countries oppose Scientology because of what the
organization is doing to me: its use of the US Courts to strip me
of my basic rights to freedom of conscience, freedom of speech,
freedom of religion, freedom of association, freedom from slavery
and due process. There are many people in many countries who are
aware of Scientology's legal attacks on me, and who are observing
the US Courts' actions and rulings in these proceedings. On
information and belief, there are thousands of Scientologists and
ex-Scientologists in the US who have been shuddered into silence
by Scientology and whose basic freedoms will be regained once
Scientology's efforts to judicially silence me are stopped.
89. In his OSC application declaration Mr. Wilson states:
This statement contains the following falsehoods:
- that this complaint is virtually unintelligible. The truth
is that it is not virtually unintelligible and that Mr. Wilson
knows it is not virtually unintelligible. He wrote to my attorney
George Abbott on December 12, 1997 (Ex.27 hereto) indicating his
having read and understood the complaint, although apparently
pretending to not understand the principles of res judicata and
collateral estoppel. (Ex.27 and Ex.28 hereto, and ¶¶77-79, supra)
Additionally, a number of other people have read the complaint,
and some have posted responses to the internet, all indicating
that the complaint is not virtually unintelligible. A reading of
the complaint by any reasonably intelligence person will confirm
that it is not virtually unintelligible.
- that the complaint's true nature is a cynical attempt to
cloak my anti-Scientology ravings with the litigation privilege.
The truth is that the complaint contains no anti-Scientology
ravings, nor do I have any anti-Scientology ravings. I have made
logical, literary, intelligent statements about the abuses and
dangers of this organization. The truth is that there is nothing
cynical in my US District Court complaint. The complaint is an
effort through the US Justice system to bring to light
Scientology's tortious black PR attacks on me and to get it to
cease these attacks. The truth is that Scientology, by its abuse
of the justice system and its use of the law to harass, is
seeking to deny me, impermissibly, the litigant's privilege, as
well as Constitutional guarantees of freedom of speech, freedom
of religion, freedom of association, freedom to petition, due
process, and freedom from slavery.
90. In his OSC application declaration Mr. Wilson states:
This is false. I promulgated no falsehoods and lies. I merely
attempted, as every person has a right when assailed by lies told
about him, to bring those lies to the light of truth. Mr. Wilson
identifies no lies that I told. I have herein identified many he
has told. Mr. Wilson, being a Scientology lawyer, is a
beneficiary of the illegally obtained "settlement agreement" and
Marin Superior Court order (see, e.g., Wilson Dec, Ex.C, 7:9,10,
"CSI legal counsel;" 8:14-16, prohibition against discussing
"Beneficiaries") and thus has an interest in telling falsehoods
and having them believed. Scientology has not been forced to
expend a great deal of time and money to correct anything I have
said. Scientology has spent its money on attacking me with more
91. In his OSC application declaration Mr. Wilson states:
This is false. It is also the standard Scientology black PR
attack line about my Scientology experiences. (See, e.g.,
Armstrong v. Miscavige complaint, Ex. 14 hereto, p.8, n.1). The
truth is that my positions in the Sea Organization, the top
echelon of the global Scientology enterprise, included Ship's
Legal Officer, Ship's Public Relations Officer, Ship's
Intelligence Officer, L.Ron Hubbard's Deputy External
Communications Aide, Deputy Commanding Officer of Hubbard's
Household Unit, and L. Ron Hubbard Biography Researcher.
Additionally, since 1981 I have been intimately involved with the
litigation, fair game and black PR facets of the Scientology
enterprise, having been the target of these antisocial facets
without letup from that year to the present. (See, e.g., Ex.7 and
Ex.8 hereto, and all facts herein, and the complete record on
92. In his OSC application declaration Mr. Wilson states:
This is false. I made no false allegations, thus there were none
to respond to and correct. Scientology paid me to dismiss my
lawsuit against it for fraud for the years of waste and abuse
inside the organization, and intentional infliction of emotional
distress for the years of fair game attacks, including physical
assault and attempts to have me jailed on false charges, after
leaving. Scientology apparently wished to silence me so that it
could attack me with impunity, and thus continue to defraud
and abuse other victims; but it did not pay me to be able to do so.
93. Appended hereto as Exhibit  is a true and correct
copy of a section downloaded this date from Scientology's webbed,
advertised, and publicly available ""Freedom"" magazine at
http://www.freedom.org.uk/mag/issuea03/page00.htm. Scientology states:
94. This statement contains the following falsehoods about
- that I was expelled for my misdeeds. The truth is that I
escaped from Scientology.
- that I was exposed in a plot to extort money from
Scientology. The truth is that I was never involved in a plot to
extort money from Scientology, and I know of no such plot.
- that I am a fugitive from justice in the United States.
The truth is that I left the United States earlier this year in
order to defend myself from exactly this kind of Scientology
black PR and defend myself from its threats of harassment,
including the threat of physical violence.
- That I sought to avoid a jail cell after I was found in
contempt of court for spreading lies about Mr. Hubbard and
Scientology. The truth is that I left the US in February, 1997
and the contempt order was issued, without a hearing, in June. I
was not found in contempt for spreading lies about anyone or
anything. Judge Thomas, erroneously, held me in contempt for
reporting to US District Court Judge Ronald Whyte by declaration
Scientology's threat of prosecution if I responded to Grady
Ward's document production subpoena. I am not barred from
spreading lies about Hubbard and Scientology, and I have never
spread lies about them.
- that I owe Scientology hundreds of thousands of dollars
for grievous violations of court orders. The truth is that I owe
Scientology nothing, and that I have never committed grievous
violations of court orders. I owe Scientologists, as well as non-
Scientologists, the truth about this organization's nature,
policies and practices, as they are pernicious and dangerous.
- that I was captured on video boasting of my ability to
falsify. The truth is that the videotape Scientology made of me
was illegally obtained, and does not contain such a "boast" by
me. The nearest thing to this statement on the illegal video is
my referring to my history inside Scientology where I was
routinely required to falsify documents.
- that I was hiding out in Canada from U.S. law enforcement.
The truth is that I was in Canada where I needed to be safe from
Scientology's threats, including the threat of physical violence
or assassination, and to be in a position to correct the black PR
Scientology was continuing to spread about me, especially the
black PR contained in its application for tax exemption submitted
to the IRS. The Scientology organization itself was convicted in
Canada of criminal breach of public trust, is widely known in
that country as a criminal cult, and cannot, I believe, as easily
as it does in the US, use the law to harass its targets.
95. It is noteworthy that although I participated in two
radio shows in Canada about Scientology, and discussed my
experiences with, and knowledge of, the organization, Scientology
has not sought in its OSC application to have me held in contempt
for those radio show appearances. Scientology knows of my
appearances because its own personnel either participated as well
in the radio shows or sent black PR documents to the radio
stations about me at the time of the shows. On information and
belief, Scientology is not attempting to have me punished for
these radio show appearances because Scientology is known as a
criminal cult in Canada, and such an attempt would be seen in
Canada for what it actually is: suppression of legally
unsuppressible civil rights.
96. Appended hereto as Exhibit  is a true and correct
copy of a post to ARS December 19, 1997 by Scientology agent
RonsAmigo, which states:
RonsAmigo uses the term "bigots," which is Scientology's black PR
designation for critics and reformers of the organization's
antisocial and criminal nature and activities.
97. Mr. Wilson states in his declaration in support of
Scientology's motion to dismiss this appeal:
Judge Breckenridge took judicial notice of my knowledge and
testimonial expertise in Scientology during the LA SC trial in
1984. He also commented in his decision, affirmed on appeal, on
my "extensive knowledge of [Scientology's] covert and
intelligence operations." (Ex. 25, Appendix 14:6-8) I have been
designated as an expert witness in a number of Scientology
litigations concerning my knowledge of organization fraud and
fair game, and I have been paid for my service in providing that
knowledge by way of testimony. I have testified in Scientology
litigations in trial or deposition approximately 60 days, and
written and executed approximately the same number of expert
declarations or affidavits.
98. Mr. Wilson states in his declaration:
This is untrue, and belied by the facts at the time of the
settlement, (See Ex. 6 hereto) the facts over the past 11 years,
and the facts now. Scientology wants its relationship with me not
to be ended, but to be one in which its leaders, followers,
agents, lawyers and PIs may say whatever they want about me and I
cannot respond, and to be a relationship in which I am jailed,
hurt, humiliated and ruined utterly. They have done things which
stretched the law and human decency standards, and they have gone
beyond the law and standards to do other things, all to continue
our relationship as described above, an abusive relationship
which Scientology says it bought.
99. Mr. Wilson states:
Mr. Wilson is being untruthful. During that deposition, he did
not ask me about the Sohigian order, but about the "settlement
agreement," and it was to his question about the "settlement
agreement" that I responded. An examination of the single
deposition page 124 which Mr. Wilson has designated his Exhibit A
will reveal that there is no mention of Judge Sohigian nor his
100. Mr. Wilson states that in Judge Thomas's Permanent
Injunction Order there are:
This is completely false. Not one of the 31 "breaches" was a
violation of Judge Sohigian's order. Many of the "breaches"
Scientology has listed predate Judge Sohigian's order, and the
remainder, "breaches" such as discussing my Scientology
experiences with people, or communicating to the media about
Scientology are not violations of the order. (See Ex. C to Wilson
101. Mr. Wilson states:
This is false. Although the language of the "settlement
agreement" prohibited me from communicating to government
agencies, I was successful at least in the litigation in the
Superior Court in having that prohibition changed in the
permanent injunction. That order specifically permits me to
"[v]oluntarily assist any [ ] governmental organ or entity [ ]
regarding [Scientology, its claims and claims against it]."
(Wilson Dec, Ex. C, 7:4-7; 8:1-7). It was clear to me that the
Los Angeles City Council is a governmental organ. It is therefore
clear that my letter to that governmental organ is permitted by
the "permanent injunction." Mr. Wilson's letter of October 23,
1996 (Wilson Dec, Ex. E) threatening that the permitted action of
sending my letter to the LA City Council was a violation of the
injunction which Scientology intended to call to the Marin
Superior Court's attention, was a factor in my decision in
January, 1997 to leave the US.
102. Scientology states in its motion:
This is false. Scientology did not pay me $800,000. It paid a
lump sum to Michael Flynn to settle some twenty cases against
Scientology, including my lawsuit against the organization.
Scientology did not know how much I was being paid to dismiss my
complaint, and the amount I was paid, since Scientology did not
know that I was being paid one thin dime, is irrelevant in the
organization's efforts to enforce the "settlement agreement." The
amount is, however, relevant as an indicator of value of the
abuse and fair game claims which I dismissed in the "settlement."
Scientology also did not seek to end its litigation with me, but
sought a relationship where the organization and all its agents
could attack me and I would be unable to respond. Scientology's
desire for such an abusive relationship has resulted, not in an
end to its litigations with me, but in their proliferation.
103. Scientology states that the "settlement agreement"
required me "to return to the Church the documents which [I] had
stolen..." (Scn Memo, p2) This is false. I did not steal the
subject documents, and Judge Breckenridge in his decision
following my trial in 1984 found that I did not steal the
documents. (Ex. 25 hereto, also Scientology v. Armstrong,(1991),
232 Cal.App.3rd 1060, 283 Cal.Rptr. 917)
104. Scientology states:
This is false. Scientology never bargained for peace. They have
continued from the date of the "settlement agreement" to make war
on me. My conveying my assets was unrelated to Scientology, and
unrelated to my "breaches" of the settlement agreement. (See,
e.g., AOB p17) I have spoken out about Scientology's attacks and
abuses because it is dangerous, obstructive of justice and unwise
not to do so.
105. Scientology states:
This is false. The Court of Appeal actually stated:
106. Scientology states:
This is false. The Marin Superior Court's order is not lawful.
What I actually state in the AOB is:
I am again, here within the instant document, making this same
argument, and again demonstrating that I cannot be silenced by
the "settlement agreement;" but not because I am, as Scientology
would paint me, in defiance of Law and Justice, but because
Scientology's actions, including its bringing of this motion to
dismiss the appeal, make my silence impossible.
107. Scientology states:
This is false. Although Scientology attempted to have me held in
contempt of court for some ten charged violations of the
preliminary injunction, all of these were found by Judge Wayne in
July, 1994, to not be violations and were all discharged. The
"breaches" listed by Scientology in its permanent injunction were
also not violations of the preliminary injunction.
108. Scientology states:
This is false. Judge Thomas stated in granting Scientology's
contempt order that I violated the permanent injunction once, by
sending a declaration to United States District Judge Ronald M.
Whyte. (Ex 1 hereto) As shown in ¶¶ 3-12, supra, my sending a
declaration to Judge Whyte, because of attorney Wilson's threat
after I was subpoenaed, was not a violation of the injunction.
109. Scientology states:
This is false. I was in Canada in February. Scientology obtained
its contempt order in June.
110. Scientology states:
This is false. I have had a new residence in Nevada for some
time, and am in the process of moving my belongings from Canada.
It is only my very limited resources which have made this a
slower than hoped for process. During the remainder of my
prosecution of this appeal, I expect to be in Nevada. I traveled
to Germany, because of Scientology's abusive and criminal
activities, including its attacks on the German people, because
Scientology threatens democratic institutions and principles, and
because of the urgent need to help the victims of Scientology's
111. I will also now be filing an opposition to
Scientology's application for an OSC re Contempt in Marin
Superior Court, and attending the hearing on this matter, now set
for January 30, 1998. Appended hereto as Exhibit  is a true
and correct copy of a letter I faxed December 16, 1997 from the
office of George W. Abbott in Nevada to Scientology attorney
Andrew Wilson, advising him that I was there and available for
accepting service of Scientology's OSC documents. I received
these documents on December 17, and so advised Mr. Wilson's
office. I am not hiding out, but have been forced by
Scientology's attacks and threats, to be very visible and to
participate in the public discussion of, and opposition to, this
112. Scientology states:
This is false. Such an unjust "resolution" of this appeal will
only result in more injustice and an even greater proliferation
of litigation. Judicial economy will be served when Scientology
is barred from using the Law to harass its critics, reformers and
designated fair game targets, and barred from using the Justice
System to strip people of their Constitutional rights.
113. Scientology's actions, its threats, black PR and legal
attacks, have made my relationship with the organization,
especially its leaders, OSA agents and attorneys, a full-time
affair, which cannot by judicial order be terminated. Scientology
got me removed from my four-year paralegal job with attorney Ford
Greene, and threats from the organization directly prevented me
from obtaining two other good jobs. Threats from the organization
caused me to leave California, and ultimately relocate to Nevada.
Responding to Scientology's legal actions, with my limited
resources and minimal legal knowledge and expertise, is difficult
and draining. Because of the position in which Scientology has
placed me through its attacks, and its use of its black PR on me
in so many contexts, including as a basis for its IRS tax
exemption, the threat of violence is real, and it is oppressive.
Scientology's leaders possess arms and hire corrupt and dangerous
bullies to attack their enemies. Scientology's continuing black
PR is dispiriting and stressful. I have kept going over the years
because of God's strength and the support He sends in friends and
I declare under the penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed at Chilliwack, B.C., Canada on December 27, 1997.
Order of Contempt | .pdf