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    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:

"Armstrong has willfully disobeyed the injunctive order

from which he appeals and has been held in contempt for

that disobedience." (Scientology's Memorandum of Points

and Authorities ("Scn Memo"), p1)

This is false.

    4. The contempt order, a true and correct copy of which is



appended hereto as Exhibit [1], states:

"ARMSTRONG willfully disobeyed the [October 17,

1995 Permanent Injunction] Order. On or about January

26, 1997, ARMSTRONG sent a document entitled


District Judge Ronald M. Whyte. Judge Whyte was at the

time presiding over three cases in which plaintiff is

[Scientology alter ego entity Religious Technology

Center, Inc.] RTC. In the Declaration ARMSTRONG

recites his understanding that he was prohibited from

sending such a Declaration directly to litigants and

states that he is instead sending it directly to Judge

Whyte in the hopes of influencing his decision on a

pending matter. This evidences ARMSTRONG'S

disobedience of the Order and Judgment." (Ex. 1, 3:1-


    5. Nowhere in the subject January 26, 1997 declaration, a

true and correct copy of which is appended hereto as Exhibit [2],

do I make the statements Scientology has included in its Order

which Judge Thomas signed. I state in the January 26, 1997


"This [October 17, 1995 Permanent Injunction]

order does not, however, prohibit me from voluntarily

assisting a person judging litigations involving the

order's "beneficiaries." I believe that the United

States District Court is a "governmental organ or

entity" excluded from the prohibitions of the order.

[Wilson Dec, Ex. C, 8:1,2,6,7] I am therefore providing

the original of this declaration to the Court."



    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 [3],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:

"You are commanded to produce and permit inspection and

copying of the following documents or objects [ ]:



All documents and declarations authored by yourself

documenting abuse, fraud, and unlawful acts by the

Church of Scientology Enterprise or any of its

investigators, such as Eugene Martin Ingram." (Ex. 3)

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 [4], 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:

The injunction "prohibited ARMSTRONG from

voluntarily assisting any person arbitrating or

litigating adversely to the Beneficiaries and also

prohibited ARMSTRONG from facilitating in any manner

the creation, publication, broadcast, writing,

electronic recording or reproduction of various

documentary works. There is no suggestion, and

certainly no showing by ARMSTRONG, that he is incapable

of complying with the Order." (Ex. 1, 2:20-26)

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:

"Rather than discharging the contempt order of the

Superior Court, or properly noticing a timely appeal

from it, Armstrong fled the United States....The appeal

should therefore be dismissed." (Scn Memo. p.1)

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:

"Accordingly CSI moved for an Order to Show Cause why

Armstrong should not be held in contempt of court for

[sending the declaration to Judge Whyte]. Rather than

responding to the OSC Armstrong fled the country...

Armstrong's flight required that we serve the Order to

Show Cause by publication." (Wilson Dec, p6, ¶11)



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 [5] 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:

"The law can be used very easily to harass, and enough

harassment on somebody who is simply on the thin edge

anyway, well knowing that he is not authorized, will

generally be sufficient to cause his professional

decease. If possible, of course, ruin him utterly."

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 [6].

    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 [7].

    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 [8].

    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 [9]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 [10] 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:

"I have advised Mr. Armstrong that he is free to

communicate orally, in writing or by any other legal

medium available to him to fully correct the lies and

distortions in your letter and dead agent document. I

have advised him that he is free to communicate to

anyone he believes may have been or may be exposed to

this black PR, and that he is free to explain why

Scientology and its leaders have created and

distributed these documents.

    I have further advised Mr. Armstrong that

Scientology cannot legally prevent him from correcting

this libel with threatened enforcement of your

organization's "settlement agreement" of December,

1986. Each moment you and your seniors prevent him



from telling the truth to whomever he chooses in

rejection of your documents' attack on his character

you are increasing his damages." (Ex.10, p2,3)

    26. Appended hereto as Exhibit [11] 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:

"[Armstrong] is [not] free to communicate orally,

in writing or by any other legal means available to him

to fully correct... alleged lies and distortions." (Ex.

11, p1, ¶3)

    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:

"It is apparent to me that you and Mr. Armstrong

are colluding to create a defense to a charge of

contempt against Mr. Armstrong, as evidenced by your

statement that you have advised Mr. Armstrong that he

is free to communicate with anyone to correct lies

which have been told about him. Before you provide Mr.

Armstrong with such a purported "advice of counsel"

defense, you should carefully consider whether you have

a reasonable basis for such advice, whether you are

subjecting yourself to liability for your uninformed

advice or, even worse, for your collusion with

Armstrong to avoid the Court's directive, and whether

you are ultimately willing to be yet another victim of

Mr. Armstrong's pathology." (Ex. 11, p2, ¶4)

28. Mr. Wilson also states:



"Mr. Armstrong will never be able to prove defamation.

I have reviewed the documents which you allege are

defamatory and am unable to find any statement

concerning Mr. Armstrong, much less one which is

defamatory." (Ex. 11, p1, ¶4)

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 [12]. 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:

"the Service has continuously thrust the Armstrong

case at us, demanding an explanation." (Ex.12, p1)

    "The IRS CID, however, absorbed Breckenridge's

findings as the definitive statement of what

Scientology is, and used this decision and the Flynn

witnesses who testified at the trial as the nucleus of

their investigation." (Ex. 12, p4)

    30. The depth of Scientology's black PRing of me in its

submission to the IRS is shown by its statement:

"As we shall demonstrate below, all this decision ever

involved was Armstrong's state of mind, which

subsequently obtained evidence proved conclusively to

be one sordid, sado-masochistic nightmare. Furthermore,

Armstrong's state of mind horror stories have fallen on

deaf ears in recent litigation. Relying on Armstrong or

the Armstrong decision is wholly unjustified." (Ex. 12,


    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 [13]. 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 [14] 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 [9]

hereto, received by me in November, 1996.

    39. Appended hereto as Exhibit [15] 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 [16]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 [17] 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 [18] is a true and correct

copy of a letter dated November 27, 1997 from Mr. Wilson to me

received by me December 1, stating:

"I write to apprise you that I shall appear

December 2 at 9:30 a.m. before the Hon. Gary Thomas in

Courtroom H of the Marin County Superior Court to seek

an order to show cause re contempt arising out of your

recent actions in creating and publishing certain

documentary works over the internet, in granting

interviews to various English and German media and

other actions taken by you while in Germany." (Ex. 18)

    43. Later on December 1 I posted to ARS a message, a true

and correct copy of which is appended hereto as Exhibit [19], 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 [20],

specifically directed to the Scientology organization, in which I




"I explained to [the process server/agent] that I

expect to be in Mr. Abbott's office within two weeks,

and that when I know that I will be there I will call

her number and she can come by to serve me." (Ex. 20)

I also stated in the December 4 post:

"If I don't show up within 2 weeks, and don't accept

service of your papers in Mr. Abbott's office within 2

weeks, you can go wherever you want to serve me." (Ex.


    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 [21] 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 [22] 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 [23] 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 [24] 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 [25] 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.

Rptr. 917.



    52. Appended hereto as Exhibit [26] 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 [26], 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 [26], pp3-4, dated 7/13/97, is my response to ARS

participant Anonymous's post re Scientology's claim of raising


    57. Exhibit [26], p5, dated 7/19/97, is my response to Garry

Scarff's post threatening:

"Word has it that the motions are in place to ferret



Mr. Armstrong back to the United State, involuntarily

if necessary, to answer to federal charges of elluding

U.S.laws." (Ex. 26, p5)

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 [26], pp6-8, dated 7/23/97, is my response to a

posted question from Scientology agent Keith Wyatt who asks:

"I want to read your whole side of the story from start

to finish. Why do you feel you have been unfairly and

unjustly treated?" (Ex. 26, p6)

My answer contains an analysis of the basic issue in this appeal,

and a statement of why I have been in Canada:

"But what if I were the last person on earth who had

the knowledge I have; or what if I were the last person

on earth who had a key.....

That is why I am in Canada, and that is why I will say

what I'm called to say. To do otherwise is unfair and

unjust." (Ex. 26, pp7,8)

    59. Exhibit [26], p9, dated 7/7/97, is my post re an L. Ron

Hubbard statement on Scientology brainwashing.

    60. Exhibit [26], 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


"also hired individuals who followed and surveilled GA,



assaulted him, struck him bodily with a car, and

attempted to involve him in a freeway accident." (AOB

p5; also Exhibit [25], Appendix 14:22-15:3)

    61. Exhibit [26], pp12,13 dated 9/24/97, is my response to

ARS participant Robert Vaughn Young re RPF and RPF's RPF. This

post is cited to by Dr. Kent in his sociological study of the

RPF. (Ex. 24 hereto.)

     62. Exhibit [26], p14, dated 9/15/97, is my post re the

organization-wide phenomenon of lying in Scientology.

    63. Exhibit [26], 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 [26], 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 [26], 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 [26], 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:

"Mr. Armstrong, the so-called "Scientology Expert," was

found guilty of contempt of court. When he was ordered

to report to jail he fled the USA and is hiding in

Canada. He stated in court that he normally converses

with the dead." (Ex. 26, p23)

I state in response:

"I didn't leave the US when I was ordered to report to

jail. I left when I discovered that the cult's leaders



figure the tax exempt status and their billions of

dirty dollars depend on silencing me. I left in

February, 1997, in order to be free to correct this tax

fraud and other Scientology abuses. The cult got its

order sending me to jail in June, 1997."(Ex. 26, p24)

    67. Exhibit [26], 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

against me.

    68. Exhibit [26], 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:

"...Gerry? I think that your primary background is that

of an an anti-Scientology legal-whore working for

shyster lawyers and that's all that gives your

miserable life any meaning." (Ex. 26, p38)

    69. Exhibit [26], 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 [26], 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 [26], 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 [26], 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 [26], 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:

"The actions by Scientology officials last week dragged

the city back to a time when the church used

confrontation and reckless allegation to silence those

who disagreed with it. Whatever accommodation

Scientologists had gained in the community, it has been

damaged by their latest behavior." (Ex. 26, p50)

    74. Exhibit [26], 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 [26], 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:

"Mole hills like murder, government infultration,

imprisonment, torture, attempted fraud, wasting the

time of the american court system, and forcing people

to commit suicide?" (Ex. 26, p56)

    76. Exhibit [26], p60, dated 12/10/97, is a response by ARS

participant Joel Hanes to a post by ARS participant Michael

Reuss. Mr. Reuss writes:

"[Someone leaving Scientology] will have ceased to be a

Scientologist. Then who knows, maybe later he'll come

back to a.r.s and post a nice affidavit. He'll take his

rightful place alongside Gerry Armstrong, Robert Young,

Dennis Erlich, Arnie Lerma, Bob Penny, and Larry

Wollersheim. Yeah, that's what I'd like to see..." (Ex.

26, p60)

Mr. Hanes responds:

"In fact, this is my Chrismas wish to and for

$cientologists everywhere: that the scales fall from

their eyes, that they wake up to the ways in which they

are and have been systematically exploited, lied to,

manipulated, and bilked of their money, time and

energy, and that they quietly blow the cult." (Ex. 26,


To "blow the cult" means in Scientologese "to leave Scientology."

    77. Appended hereto as Exhibit [27] 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:

"Perhaps the most egregious aspect of your

complaiant (sic) is that it revisits and attempts to

recover for a "fifteen year[s]...course of conduct

designed to destroy plaintiff Gerald Armstrong." I am

flabbergasted that you could contend this in the face

of the Settlement Agreement of December 1986, which

expressly released all claims and which provided that

the "slate was wiped clean." You should review the

cross complaint filed by Mr. Armstrong in Church of

Scientology International v. Gerald Armstrong, Marin

County Superior Court Action No. 157680. That cross-

complaint is based on facts virtually identical to

those asserted in your complaint, and was disposed of

on summary adjudication, thus barring future assertion

of any claims arising out of the same set of facts

under the principals (sic) of res judicata and

collateral estoppel with which I assume you are

familiar." (Ex. 27, p2)

    78. Appended hereto as Exhibit [28] 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:

"As you know, Mr. Armstrong received your clients'

defamatory documents in late November, 1996, and these

documents were disseminated by your clients only a

little more than a month earlier. The cross-complaint

was filed years earlier. The principles of res judicata



and collateral estoppel are therefore inapplicable. If,

however, you have facts to support your assertion that

these principles do apply in this defamation case, I am

interested in examining them." (Ex.28, p2)

    79. Mr. Abbott also states:

"Mr. Armstrong left California early this year

because of threats from the Scientology organization

and his need to have some measure of safety from those

threats. Because his movements since leaving California

have been brought about by their own unlawful actions,

Scientology's principals and agents have no legal or

moral basis for complaining about where Mr. Armstrong

resides. He has been for some considerable time a

resident of Nevada."(Ex.28, p1)

    80. Appended hereto as Exhibit [29], 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:

"In December,1986, Armstrong entered into a Mutual

Release of All Claims and Settlement Agreement [ ]

pursuant to which CSI paid Armstrong $800,000.00."

(Wilson OSC Dec, Ex. 29, 14:25,26)

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:

"beginning in approximately 1990, Armstrong

fraudulently transferred substantially all his assets

and began repeatedly breaching almost every covenant he

made in the Agreement." (Wilson OSC Dec, Ex. 29, 15:3-


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:

"Less than a month later (after late May, 1992), I was

questioning Mr. Armstrong at a deposition when he

testified of his intention to ignore the settlement

agreement and Judge Sohigian's Order:" (Wilson OSC Dec,

Ex. 29, 15:10-17)

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:

"While the preliminary injunction which preceded the

Order was in effect, Armstrong willfully disobeyed it

on numerous occasions. This gave rise to an earlier

Order to Show Cause Re Contempt, which was heard in

December 1994 by the Honorable Diane Wayne. I

represented CSI at that hearing. Armstrong admitted the

violations and pled for mercy from the court. Judge

Wayne discharged the contempt but admonished Armstrong

to conduct himself appropriately in the future."



(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

29, 1994.

    - 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

manufactured charges.

    - 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 [30] 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:

"On or about October 14, 1997, in violation of the

Order, Armstrong created and cause to be disseminated

by means of the Internet a documentary work which

discussed CSI and other beneficiaries of the Settlement

Agreement. A true and correct copy of said documentary



work is attached hereto as Exhibit F." (Wilson OSC Dec,

Ex. 29, 17:9-12; Ex. 29, pp39,40)

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:

"The "letter" [to the Commission on Security and

Cooperation in Europe] (Ex.21 hereto, and Ex.29, pp47-

55) continues with Mr. Armstrong's litany of false and

derogatory charges against CSI and its affiliates with

which this Court is all too familiar and with which

this Court would not have been burdened if Mr.

Armstrong had simply obeyed the Order." (Wilson OSC



Dec, 18:9-11)

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:

"Renate Rennenbach and Ursula Caberta...have been

engaged for the past several years in attempts to

discredit the Church through various means and have

lobbied various German government entities to

essentially legalize discrimination against members of

the Church of Scientology because of their Church

membership. In fact, Germany has been censored for the

past three years by the United Nations and the Helsinki

Commission for just such discrimination. The United

States Department of State has also found a pattern of



human rights abuses by Germany against Church members."

(Wilson OSC Dec, Ex. 29, 19:3-9)

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:

"A review of this virtually unintelligible "complaint"

(Armstrong v. Miscavige, US District Court, District of

Nevada, Case No. CV-N-00670-ECR, Ex. 14 hereto, also

Ex.29, pp81-96) reveals its true nature, a cynical

attempt to cloak Armstrong's anti-Scientology ravings

with the litigation privilege." (Wilson OSC Dec, Ex. 29, 19:23-26)

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:

"The recent violations of the Injunction in Great

Britain and Germany have forced the Church to expend a

great deal of time and money to correct the

multiplicity of falsehoods and lies which Armstrong has

promulgated." (Wilson OSC Dec, Ex. 29, 19:27-7:1)

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:

"Armstrong's claimed expertise concerning the Church,

based on nothing more than having been the clerk



entrusted with care of certain of Mr. Hubbard's

personal files, gives him a superficial credibility,

even though he has not been involved in any facet of

the Scientology religion since 1981." (Wilson OSC Dec,

Ex. 29, 20:1-4)

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:

"The Church did not pay Armstrong to silence him, but

to save itself the time and expense of responding to

and correcting every false allegation." (Wilson OSC

Dec, Ex. 29, 20:5-7)

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 [31] 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:

"That vacation [of documentary producer Jill

Robinson] was found to consist of a series of

interviews, including discussions with former Church

members expelled for their misdeeds, and long ago

exposed in a plot to extort money from the Church (see

Secret Lies,). Among them: Gerry Armstrong, a fugitive

from justice in the United States, seeking to avoid a

jail cell after he was found in contempt of court for

spreading lies about Mr. Hubbard and the Church. He

owes the Church hundreds of thousands of dollars for

grievous violations of court orders. This is the same

man who was captured on video boasting of his ability

to falsify "I can create documents with relative ease.

I used to do it for a living. ... Just f...ing allege

it. What’s more, rather than contacting the Church or

seeing Church facilities while in Los Angeles, she

travelled to Canada, where this source was hiding out

from U.S. law enforcement." (Ex. 31)

    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 [32] is a true and correct



copy of a post to ARS December 19, 1997 by Scientology agent

RonsAmigo, which states:

"I believe that the only correct response to the ARS

bigot brigade is all out attack. I believe that by any

and all legal means the battle should be brought to the

front door of those *individuals* who take joy in

harrassing me, my friends and my Church. I don't give a

damn if they think or honestly believe that they are

engaged in some noble endeaver of just cause. If

resources aren't available for this purpose, they

should be made available. Scientologists as a rule are

passionate about defending their Church from this kind

of rabble. I don't see any reason why there should be

any scarcity of resources on these lines.

It is not time for a "truce." It is time to take the

gloves off and rather than just engage in a few token

moves like picketing a few of the bigot's homes, it is

time for an all out attack on those who as an avocation

or vocation seek to destroy my religion." (Ex. 32, p2)

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:

"Armstrong was also the principal witness for the other

plaintiffs, as a self-proclaimed expert on the workings

and management of [Scientology]." (Wilson Dec, p1, ¶2)

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:

"In settling this litigation, it was the Church's

desire to end its relationship with Armstrong once and

for all." (Wilson Dec. p1, ¶2)

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:

"I questioned [Armstrong] as to whether he intended to

obey the [May, 1992] order of Judge Sohigian. Armstrong




"I have absolutely no intention of honoring

that agreement..."

A true and correct copy of the relevant pages of that

deposition are attached hereto and incorporated herein

as Exhibit A." (Wilson Dec, p3, ¶4)

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:

"enumerated 31 breaches of the settlement agreement by

Armstrong ... all of which were carried out in

violation of Judge Sohigian's preliminary

injunction..." (Wilson Dec, p4, ¶8)

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:

"On October 7, 1996 Armstrong sent a letter to the Los

Angeles City Council, which at the time was considering

the renaming of a city street in honor of L. Ron



Hubbard...Armstrong's letter...was a direct and

flagrant breach of both the settlement agreement and

1995 Order of Permanent Injunction." (Wilson Dec, p5, ¶10)

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:

"In December 1986 the Church sought to end a period of

long and bitter litigation with Armstrong...

[Scientology] paid $800,000 and entered into the

Settlement Agreement..." (Scn Memo, pp1,2)

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:

"Unfortunately, the peace which the Church bargained

for was short-lived. In 1990, Armstrong conveyed

virtually all of his assets to his lawyer and close

friends and then began repeatedly breaching the

Settlement Agreement." (Scn Memo, p2)

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:

"The Court of Appeal, Second Appellate District,

affirmed Judge Sohigian, recognizing that it was quite

proper to restrain"...Armstrong's voluntary

intermeddling in other litigation..."" (Scn Memo, p3)

This is false. The Court of Appeal actually stated:

"This appeal is only from the granting of a preliminary

injunction which expressly did not decide the ultimate

merits. As limited by the trial court here, the

preliminary injunction merely restrains, for the time

being, Armstrong's voluntary intermeddling....We

decline any extended discussion of Armstrong's shotgun-

style brief, which offers more than a dozen separate

contentions against enforcement." (Wilson Dec, Ex.B,


106. Scientology states:

"Armstrong's defiance continues before this Court. In

his Opening Brief, he boldly reaffirms his refusal to

abide by the court's lawful orders and declares..."he

cannot be silenced by the obstructive [Settlement

Agreement], nor by the Marin Court's enforcement."

Appellant's Opening Brief at 41" (Scn Memo p6)

This is false. The Marin Superior Court's order is not lawful.

What I actually state in the AOB is:

" The reporting of obstruction of justice cannot be

obstructed. The reporting of perceived obstruction of

justice, or any other crime, cannot be prohibited until

such time as the obstruction or other crime is proven.



[I have] been unshakable in [my] conviction that the

S[ettlement] A[greement] and Sc[ientology]'s

enforcement are obstructive of justice since [I] first

petitioned the Court of Appeal for permission to

respond in the Armstrong I appeal in 1990. (CT 6119-21)

[I] continue [] to make the argument the moment these

words are typed. [My] argument is not without merit.

For that reason alone [I] cannot be silenced by the

obstructive SA, nor by the Marin Court's enforcement,

and it is enough reason for this Court to rule that

there is a triable issue regarding that obstruction."

(AOB, p41)

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:

"Armstrong defied the preliminary injunction though it

was upheld on appeal..." (Scn Memo, p9)

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:

"[Armstrong] then repeatedly violated the permanent



injunction and was held in contempt for doing so." (Scn

Memo, p9)

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:

"Rather than discharge the contempt, he fled the

jurisdiction." (Scn Memo. p9)

This is false. I was in Canada in February. Scientology obtained

its contempt order in June.

    110. Scientology states:

"He now prosecutes this appeal, apparently from Canada

and, while still in contempt, travels to Germany to

commit further violations of the permanent injunction

from which he now appeals." (Scn Memo p9)

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 [33] 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:

"As the appeal is readily resolved without reference to

the merits of the action and simply by review of these

few enumerated documents (exhibits to Wilson Dec),

thereby obviating the need of Respondent and this Court

to review and digest the extensive record, it should be

granted in the interests of judicial economy." (Scn

Memo, pp9,10)

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.





Exhibit [1]
Order of Contempt | .pdf

Exhibit [2]
Armstrong Declaration 01-26-1997

Exhibit [3]
Subpoena RTC v. Ward [.pdf]

Exhibit [4]
Wilson Letter 01-24-1997

Exhibit [5]
Boarding Pass 02-11-1997

Exhibit [6]
Appellant's Opening Brief

Exhibit [7]
Appellant's Opening Brief

Exhibit [8]
Appellant's Opening Brief

Exhibit [9]
a) OSA TX letter to Craig Branch 10- 21-1996
b) Black PR document 05-10-1993

Exhibit [10]
Abbott Letter to Cathy Norman, OSA TX 02-12/14-1997

Exhibit [11]
Wilson Letter to Abbott 02-15-1997

Exhibit [12]
Excerpts of Scientology's 1023 Tax Exempt Application

Exhibit [13]
Black PR document (German and English):
Berlin, October 26, 1997
"Gerry Armstrong: Fugitive from the Law"

Exhibit [14]
Complaint: Gerald Armstrong v. David Miscavige, et al.,
US District Court, District of Nevada, Case No. CV-N-00670-ECR

Exhibit [15]
Armstrong Letter to David Miscavige 03-06-1997

Exhibit [16]
Abbott Letter to David Miscavige 03-25-1997
Abbott Letter to David Miscavige 05-05-1997

Exhibit [17]
Wilson Letter to Abbott 05-08-1997

Exhibit [18]
Wilson Letter to Armstrong 11-27-1997

Exhibit [19]
Armstrong post to a.r.s. 12-01-1997

Exhibit [20]
Armstrong post to a.r.s. 12-04-1997

Exhibit [21]
Armstrong letter to the [Congressional] Commission on Security and Cooperation in Europe 10-18-1997

Exhibit [22]
November 9, 1997 Congressional Record re: H. Con. Res. 22

Exhibit [23]
Armstrong Letter to United States Consul 12-05-1997

Exhibit [24]
Brainwashing in Scientology's Rehabilitation Project Force, by Stephen A. Kent (Ph.D.)

Exhibit [25]
Breckenridge Decision | .pdf

Exhibit [26]
60 a.r.s. posts

Exhibit [27]
Wilson Letter to Abbott re Armstrong v. Miscavige 12-12-1997

Exhibit [28]
Abbott Letter to Wilson 12-17-1997

Exhibit [29]
Ex parte application for OSC re Contempt 12-01-1997

Exhibit [30]
Judge Wayne's Order discharging the OSC 07-29-1994

Exhibit [31]
Black PR document Freedom Mag

Exhibit [32]
a.r.s. post by Scientology agent 12-19-1997

Exhibit [33]
Letter to Wilson 12-16-1997


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