Scientology International v. Armstrong, Case

No. 152229 and Church of Scientology

International v. Armstrong, Case No. 157680;

Wilson Decl., 3, Exhibit B thereto at ¶¶2:5-

7; 2:28-3:1.

A, B; Complaint Marin No. 152229, Wilson Decl.

Ex. C; Complaint Marin No. 157680, Wilson

Decl. Ex. D.

4. Armstrong, represented by counsel, cross-

complained against plaintiff in the

Consolidated Action challenging the validity

of the Agreement on a number of grounds,

including violation of the First Amendment,

duress and abuse of process.

PLAINTIFF’S EVIDENCE:

4. Wilson Decl., ¶6, Exhibit E thereto,

Certified copy of Armstrong's Cross-

Complaints in the cases entitled Church of

Scientology International v. Armstrong, Case

No. 152229 and Church of Scientology

International v. Armstrong, Case No. 157680.

4. Undisputed, but irrelevant. Moreover, only a

copy of Armstrong’s Cross-Complaint in Marin

No. 157680 formed Scientology’s Exhibit E. This

is confirmed in Wilson Decl. ¶6, which states:

6. Attached hereto and incorporated herein as
Exhibit E is a true and correct copy of a Verified
Cross-Complaint related to the matter entitled
Church of Scientology International vs. Gerald
Armstrong, Michael Walton, etc., Marin Superior
Court, Case No. 157680.

The Cross-Complaint in Marin No. 157680 had a

single cause of action for abuse of process.

ARMSTRONG’S EVIDENCE

Wilson Decl. ¶6, Ex. A, E.

5. On October 17, 1995, following a motion

for summary adjudication of issues brought

by CSI against defendant Armstrong, this

Court entered an Order of Permanent

Injunction in the Consolidated Action

adjudicating the following:

"1. Plaintiff and defendant freely and

5. Undisputed but irrelevant, except as such Order

of Permanent Injunction is an instrument and act

in furtherance of the beneficiaries’ crimes against

Armstrong, specifically violations of 18 U.S.C.

§241 and §242, and except as such Injunction

contains clear misstatements of material fact to

Armstrong’s detriment evidencing judicial

malfeasance.

voluntarily entered into a Mutual Release of

All Claims and Settlement Agreement in

December, 1986.

2. Plaintiff performed all of its obligations

pursuant to the Agreement.

3. Defendant Armstrong received substantial

consideration for the promises which he made

in the Agreement.

4. Since 1990, defendant Armstrong has

repeatedly breached paragraphs 7(D).

9. Defendant Armstrong has reiterated

numerous times that he intends to continue

breaching the Agreement unless he is ordered

by the Court to cease and desist . . .

10. Plaintiff's legal remedies are inadequate

insofar as the scope of the relief ordered

below is concerned . . .

Accordingly, the Court finds that entry of a

permanent injunction in this action is

necessary in this action because pecuniary

compensation could not afford the Church

adequate relief, and the restraint is necessary

in order to prevent a multiplicity of actions

for breach of contract."

Thereafter, the Court permanently

enjoined defendant Armstrong from "doing

directly or indirectly any of the following":

"Facilitating in any manner the creation,

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 23, 30, Ex A, K; Wilson

Decl. Ex. A, B, F, H-J.

publication, broadcast, writing, filming audio

recording, video recording, electronic

recording or reproduction of any kind of any

book, article, film, television program, radio

program, treatment, declaration, screenplay or

other literary, artistic or documentary work of

any kind which discusses, refers to or

mentions Scientology, the Church and/or any

of the Beneficiaries (which includes plaintiff

herein, CSI); 5. Discussing with anyone, not

a member of Armstrong's immediate family

or his attorney, Scientology, the Church,

and/or any of the Beneficiaries (including

CSI.)."

PLAINTIFF’S EVIDENCE:

5. Wilson Decl. ¶7, Exhibit F thereto, Order

of Permanent Injunction dated October 17,

1995, entered in Church of Scientology

International v. Armstrong, Case No. 157680.

6. On May 2, 1996, the Order of Permanent

Injunction was incorporated into a judgment

against defendant Armstrong.

PLAINTIFF’S EVIDENCE:

6. Wilson Decl., ¶8 and Exhibit G thereto,

May 2, 1996 Order of Permanent Injunction

issued in the Consolidated Actions of Church

of Scientology International v. Armstrong,

Case No. 152229 and Church of Scientology

6. Undisputed and irrelevant, except as such

Injunction and Judgment are instruments and acts

in furtherance of crimes against Armstrong,

specifically violations of 18 U.S.C. §241 and §242.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 14, 23, 27, Ex A;

Wilson Decl. Ex. A, B, F, G.

International v. Armstrong, Case No. 157680;

Answer of Gerry Armstrong Answer, 2:5-7.

7. Thereafter, on or about November 13,

2000, plaintiff applied Ex Parte to the Court

in the Consolidated Action for an Order to

Show Cause why defendant Armstrong

should not be held in contempt for violating

the October 17, 1995 Order of Permanent

Injunction for engaging in 131 breaches of the

October 17, 1995 Injunction.

PLAINTIFF’S EVIDENCE:

7. Wilson Decl.9, Exhibit H thereto, Ex

Parte Application for Order to Show Cause Re:

Contempt and supporting documents

thereto.

7. Undisputed and irrelevant, except as such

application for an Order to Show Cause why

Armstrong should not be held in contempt for

doing whatever he did that constituted “engaging

in 131 breaches of the October 17, 1995

Injunction” is an instrument and act in furtherance

of crimes against Armstrong, specifically

violations of18 U.S.C. §241 and §242.

ARMSTRONG’S EVIDENCE

Armstrong Decl., 2-5, 23, 28, 30, Ex A, K;

Wilson Decl. Ex. A, B, F, H, I.

8. These 131 postings are written

publications in which he discusses his and

others' experiences in the Church of

Scientology and he makes mention of and

discusses information he has concerning the

Church of Scientology.

PLAINTIFF’S EVIDENCE:

8. Wilson Decl., ¶2 and Exhibit A thereto,

the Mutual Release of All Claims and

Settlement Agreement; Wilson Decl., ¶3,

Exhibit B thereto, Defendant's Answer,

¶15:4-5, ¶ 16:8-17, ¶¶27-30:2, ¶35:21-24, ¶

48:12, 22-26.

8. Undisputed, but irrelevant, except as any

efforts to prohibit Armstrong from writing,

publishing or otherwise uttering such statements,

or to punish him for having written, published or

otherwise uttered such statements, constitute acts

in furtherance of crimes against Armstrong,

specifically violations of 18 U.S.C. §241 and

§242. The 131 postings are written publications

of Armstrong’s religious beliefs concerning his

religious experiences and religious knowledge in

exercise of his religious freedom.

ARMSTRONG’S EVIDENCE

Armstrong Decl., 2-5, 26-29, Ex A, K; Wilson

Decl. Ex. A, B, F, H, I.

9. Defendant Armstrong was given an

opportunity and did file an opposition to the

Ex Parte Application, asserting the same

arguments he proffered earlier in the

Consolidated Action.

PLAINTIFF’S EVIDENCE:

9. Wilson Decl., ¶10 and Exhibit I thereto,

Armstrong's Opposition to Order to Show

Cause.

9. Disputed in part, and undisputed in part, but

irrelevant. Scientology has not provided any

evidence to support the conclusion that Armstrong

asserted the same arguments he proffered earlier

in the Consolidated Action. Armstrong asserted

some arguments that were similar, and some that

were completely different.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶28, Ex. K; Wilson Decl. Ex. I.

10. On July 13, 2001, the Court issued its

decision in an Order of Contempt, finding

that defendant Armstrong had, in fact,

violated the terms of the Injunction by

engaging in 131 breaches of the Agreement

which are at issue here:

Petitioner (CSI) has shown that: (1)

During the period of February 20,

1998 to July 10, 2000, ARMSTRONG

made a total of 131 postings on the

Internet, each of which violated one or

more provisions of the Injunction ...

ARMSTRONG did not deny these violations.

In his January 9, 2001 declaration under

penalty of perjury, ARMSTRONG stated, "I

have violated Scientology's Injunction

thousands of times since former Marin

County Superior.

Court Judge [Gary Thomas] signed it in

October, 1995."

10. Undisputed, but irrelevant, except as such

Order of Contempt is an instrument and act in

furtherance of crimes against Armstrong,

specifically violations of 18 U.S.C. §241 and

§242.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 23, 28, 30, Ex A, K;

Wilson Decl. Ex. J.

PLAINTIFF’S EVIDENCE:

10. Wilson Decl., 11 and Exhibit J thereto,

Order of Contempt issued in the Consolidated

Action dated July 13, 2001.

11. ARMSTRONG has admitted committing

the 201 breaches of contract alleged in the

First Cause of Action.

PLAINTIFF’S EVIDENCE:

11. Wilson Decl. ¶3 and Exhibit B thereto,

Answer of Gerry Armstrong at 14:8-28

11. Undisputed, but irrelevant, except as any

efforts to prohibit Armstrong from writing,

publishing, uttering or doing any of the things that

comprise the 201 breaches of contract alleged in

Scientology’s First Cause of Action constitute acts

in furtherance of crimes against Armstrong,

specifically violations of 18 U.S.C. §241 and

§242. All of Armstrong’s actions, writings,

publications or other utterances that comprise said

alleged 201 breaches of contract are expressions

of Armstrong’s religious beliefs concerning his

religious experiences and religious knowledge in

exercise of his religious freedom.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 26-29, Ex A, B, K;

Wilson Decl. Ex. A, B, F, H-J.

ADDITIONAL DISPUTED FACTS

Armstrong's Claim: Scientology is not entitled to summary judgment because: 1. Scientology obtained

Armstrong's signature on the subject “contract” by duress; 2. Scientology obtained Armstrong's

signature on the subject “contract” by fraud; 3. the contract’s liquidated damages condition is

unreasonable and impermissibly acts as a penalty; 4. Scientology's hands are unclean in this transaction

and Scientology is therefore barred from obtaining the relief it seeks; 5. Armstrong has forty-four live,

valid Affirmative Defenses that Scientology has not even addressed in its motion; 6. one of Armstrong’s

live, valid Affirmative Defenses is freedom of religion; 7. The “contract’s” conditions that Scientology

seeks to enforce are impossible to perform; 8. Scientology’s “contract,” duress and fraud to get

12. Scientology founder L. Ron Hubbard ordered,

and Scientologists accept as true, that there is a

class of citizens called “Suppressive Persons or

“SPs,” who are the most evil people in the world,

destructive, criminal, and deserving no mercy or

rights. Hubbard called Scientology’s policy for

treatment of SPs “Fair Game,” and provided

examples and types of Fair Game to be applied to

SPs in various policy letters or directives. In his

policy letter “Penalties for Lower Conditions,

Hubbard wrote:

ENEMY — SP Order. Fair game.
May be deprived of property or
injured by any means by any
Scientologist without any discipline
of the Scientologist. May be
tricked, sued or lied to or
destroyed.

 

13. Scientology declared Armstrong to be a

“Suppressive Person” right after he left the

organization in December 1981 and has

considered him an SP and Fair Gamed him ever

since. He has studied Scientology for thirty-five

years and have acquired a great deal of knowledge

of and experience in this field, particularly

regarding the Suppressive Person Doctrine and the

philosophy, methodologies and application of, and

defense to Fair Game.

14. Scientology is extremely wealthy, possessing

an estimated billion dollars in liquid assets. It is a

global enterprise employing intelligence operators

and operatives, private investigator thugs, high

powered and low ethics attorneys, and thousands

of aggressive mind controlled fanatics to carry out

its attacks against people declared Suppressive

Persons like Armstrong. Scientology has a history

of criminality, publishes policies calling for

crimes against people, and trains its personnel to

implement and execute those policies.

15. Hubbard published a policy letter entitled

“Battle Tactics,” in which he wrote:

If you uniformly apply the tactics
and strategy of battle to the rows
we get into, press or legal or public
confrontation, you will win.
...
But there are also wars of
attrition. We are engaged in one
where total destruction of us has
been the enemy's aim for, at this
writing, 19 years. This is barbarian
warfare, thus the enemy must have
had very positive fears and terrors
about us. Since he fought for total
attrition. In this case it is not safe to
hope for any half way win. We
must ourselves fight on a basis of
total attrition of the enemy. So

never get reasonable about him.
Just go all the way in and obliterate
him.
It is bad warfare to fight battles
on your own terrain, in your own
subject area. It is not good to fight
in the territory of allies. Fight
battles wherever possible only on
enemy terrain, in and about his
subject and his people, not ours.
You can gauge your relative
success by this. When all your
battles are fought on his terrain,
you are winning.
A good general expends the
maximum of enemy troops and the
minimum of his own. He makes the
war costly to the enemy, not to
himself.
One cuts off enemy
communications, funds,
connections. He deprives the
enemy of political advantages,
connections and power. He takes
over enemy territory. He raids and
harrasses.
…
Intelligence identifies targets and
finds out enemy plans and
purposes, enemy connections,
dispositions, etc.
...
The prize is "public opinion"
where press is concerned. The only
safe public opinion to head for is
they love us and are in a frenzy of
hate against the enemy, this means
standard wartime propaganda is
what one is doing, complete with
atrocity, war crimes trials, the lot.
Know the mores of your public
opinion, what they hate. That's the
enemy. What they love. That's you.
You preserve the image or
increase it of your own troops and
degrade the image of the enemy to

beast level.
...
Wars are composed of many
battles.
Never treat a war like a skirmish.
Treat all skirmishes like wars.

16. Armstrong studied this policy letter inside

Scientology, and is familiar with its

implementation inside and outside Scientology.

The “enemy” Hubbard refers to and orders be

attacked is the class of citizens that Scientology

declares to be “Suppressive Persons” or “SPs.”

The kinds of attacks on SPs and their lives and

livelihoods that Hubbard orders in this policy

letter are forms of Fair Game; e.g., waging a war

of total attrition on people, expending the

maximum of these people, making the war costly

on them, cutting off people’s communications,

funds and connections, depriving them of political

advantages, connections and power, raiding and

harassing them, turning public opinion into a

frenzy of hate” against them, degrading these

people’s image to beast level, and going all the

way in and obliterating them. This policy letter is claimed by Scientology to be “religious scripture,”

and must be obeyed by Scientology’s members

and agents.

17. Scientology reissued the “Battle Tactics”

policy on September 24, 1987.

entitled “Office of Special Affairs Executive

Directive 508R, Investigations Officer Full Hat

Checksheet” which is a checksheet for a training

course and manual for personnel in the

Intelligence Bureau of the Office of Special

Affairs or “OSA.” OSA is the arm and operation

in the global Scientology enterprise set up to deal

with public relations, legal and intelligence

matters. OSA and all of Scientology are run by

one David Miscavige, who succeeded Hubbard as

supreme director of the enterprise after Hubbard’s

death in 1986. The OSA checksheet requires that

its intelligence personnel study and pass an oral

examination on “Battle Tactics” and requires that

these personnel demonstrate “5 examples of the

following stable datum:”

"We must ourselves fight on the
basis of total attrition of the enemy.
So never get reasonable about him.
Just go all the way in and obliterate
him."

“Stable datum” is a Scientology term meaning the

one datum from which a whole body of

knowledge is built, the datum which keeps the

entire body of knowledge from falling apart, the

datum on which all other things in a subject

aligned. Total attrition of Suppressive Persons,

never getting reasonable about SPs, and going all

the way in and obliterating them, is vital to the

“body of knowledge” that is Scientology.

Doctrine, and in execution of the Fair Game

policy, Scientology’s agents have, among other

crimes or torts, assaulted Armstrong, run into him

bodily with a car, terrorized him on the freeway,

threatened to put a bullet between his eyes, staked

out his home, framed him with crimes, brought

false criminal charges against him, secretly and

illegally videotaped him, broke into his car and

stole his documents plus irreplaceable artwork,

disseminated his confidential psychotherapy

records, terrorized him now for twenty-two years,

and subjected him to a vicious global black

propaganda campaign. Scientology has waged a

war of total attrition on Armstrong that continues

to this day, and seeks to go all the way in and

obliterate him, to expend him, to make

Scientology’s war costly on him, to cut off his

communications, funds and connections, to

deprive him of political advantages and power,

and to raid and harass him. Scientology and those

persons serving its malevolent purposes have

pumped out a river of black propaganda to

degrade his image to beast level, and to turn

public opinion into a frenzy of hate against him.

20. At the time of the December 1986

“settlement,” Armstrong’s attorney Michael

Flynn told him that if he didn’t sign Scientology’s

“contract,” Scientology would continue to Fair

Game him, Flynn and his family, the other

Scientology victims that Flynn represented, and

Fair Game anyone else Scientology wanted.

Armstrong knew very well what Fair Game was,

and understood very well the terrible threat that

Scientology was making. The burden on

Armstrong was unbearable.

ISSUE NO. II

Armstrong's Claim: Scientology obtained Armstrong's signature on the subject “contract” by fraud

21. Flynn also communicated to Armstrong that if

he signed Scientology’s “contract” Scientology

promised it would end Fair Game forever against

Armstrong, Flynn, his family, clients, and

everyone else in the world.

22. Immediately following Armstrong’s signing,

however, Scientology continued to Fair Game him

and Fair Games him to this day. Scientology’s

acts against him in execution of the Fair Game

policy following his signing of the “contract”

include, but are not limited to, distributing edited

perverse versions of illegal, secretly made

videotapes of him, filing sworn statements about

him in legal proceedings falsely accusing him of

crimes, threatening him on multiple occasions,

filing false criminal charges against him,

assaulting him on three occasions, carrying out a

massive global black propaganda campaign

against him, forging his signature to hate postings

to the Internet, spying on him, more secret

videotaping of him, terrorizing Armstrong and his

friends on the freeway, terrorizing them with a

phony bomb threat, obtaining unlawful court

orders against Armstrong including the Marin

Superior Court’s summary adjudication and

summary judgment orders, injunction, judgment,

contempt orders, and arrest warrants, and by

seeking “judicially” and extra-judicially to deprive

him of his rights and privileges secured to him by

the U.S. Constitution and laws.

23. Had Armstrong been made aware that

Scientology intended to and would continue to

Fair Game him after he signed its “contract” he

would never have signed. If he had been aware

that the “contract” could possibly be interpreted

by a sitting California Superior Court Judge to be

a license to Scientology to Fair Game him, to

assault, spy on, terrorize, black PR, frame, jail,

war on and obliterate him, and punish him if he

responded, Armstrong would also never have

signed Scientology’s “contract.”

24. When Armstrong objected to Flynn about the

contract’s conditions that on their face deprived

Armstrong of certain basic rights and privileges,

Flynn assured him that those conditions were “not

worth the paper they’re printed on,” that these

conditions were “unenforceable,” and that

Armstrong couldn’t “contract away [his]

Constitutional rights.”

25. Unbeknownst to Armstrong at the time of the

“settlement,” Flynn entered into a “contract” with

Scientology that according to Flynn requires that

he not assist Armstrong in any way if Scientology

Fair Games him, which Scientology has done.

ISSUE NO. III

Armstrong's Claim: The contract’s liquidated damages condition is unreasonable and impermissibly

acts as a penalty

26. Because of Flynn’s assurance that the

“contract’s” liquidated damages provision was not

worth the paper it was printed on, there was

absolutely no negotiation by Armstrong with

Scientology, or even via Flynn with Scientology,

regarding liquidated damages and no discussion

whatsoever regarding their reasonableness. It was

completely understood by Armstrong at the time

of the settlement that the liquidated damages

condition and amount were utterly unreasonable.

He is certain that they are just as unreasonable

today, and, he believes, even more unreasonable

given the now obvious conclusion that this

liquidated damages condition, its enforcement by