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GERRY ARMSTRONG
#1-45950 Alexander Avenue
Chilliwack, B.C. V2P 1L5
Canada
gerry@gerryarmstrong.org
In Propria Persona

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MARIN

 

CHURCH OF SCIENTOLOGY

INTERNATIONAL,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant


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Case No. CV 021632

DEFENDANT’S SEPARATE STATEMENT
OF DISPUTED AND UNDISPUTED FACTS
AND SUPPORTING EVIDENCE IN
OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT

Date: March 16, 2004
Time: 0:900
Department: L
Trial date: April 9, 2004

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RESPONDING PARTY GERRY ARMSTRONG'S STATEMENT OF DISPUTED AND

UNDISPUTED FACTS

Defendant Gerry Armstrong ("Armstrong") submits this separate statement in opposition to Plaintiff

Church of Scientology International's ("Scientology") separate statement of undisputed facts with

reference to supporting evidence pursuant to CCP Section 437c (b).

 

PLAINTIFF CSI'S MATERIAL FACTS AND

SUPPORTING EVIDENCE

1. On December 6, 1986, CSI and defendant

Armstrong entered into a Mutual Release of

All Claims and Settlement Agreement

("Agreement") in the case entitled Church of

Scientology International v. Armstrong, Case

DEFENDANT ARMSTRONG'S MATERIAL

FACTS AND SUPPORTING EVIDENCE

1. Disputed. In December 1986, Armstrong was

brought to sign the subject “contract” by threat

from the persons and entities comprising the

“contract’s” Scientology-related “parties,”

“releasees” or “beneficiaries,” hereinafter

 

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No. C 420153. In consideration, Armstrong

made various covenants, including the

following contained in paragraph 7(D) of the

Agreement:

     "Plaintiff agrees never to create or
publish, or attempt to publish, and/or assist
another to create for publication by means of
magazine, article, book or other similar form,
any writing or broadcast or to assist another to
create, write, film or video tape or audio tape
any show, program or movie, or to grant
interviews or discuss with others, concerning
their experiences with the Church of
Scientology, or, concerning their personal or
indirectly acquired knowledge or information
concerning the Church of Scientology, L. Ron
Hubbard or any of the organizations,
individuals and entities listed in Paragraph 1
above. Plaintiff further agrees that he will
maintain strict confidentiality and silence
with respect to his experiences with the
Church of Scientology and any knowledge or
information he may have concerning the
Church of Scientology, L. Ron Hubbard, or
any of the organizations, individuals or
entities listed in Paragraph 1 above . . . .
Plaintiff agrees that if the terms of this
paragraph are breached by him, that CSI and
the other Releasees would be entitled to
liquidated damages in the amount of $50,000
for each such breach."

 

 

 

 

PLAINTIFF’S EVIDENCE:

1. Exhibit A to Plaintiff's Complaint; Wilson

Decl., ¶2, Exhibit A thereto; Wilson Decl.,

¶3, Exhibit B thereto, Defendant's Answer, at

¶2:5-7; ¶14:17-22.

“beneficiaries,” and by fraud perpetrated by these

“beneficiaries” against him. The quoted excerpt

from paragraph 7(D) contains conditions that

unlawfully deprive Armstrong of basic, vital rights

and privileges secured to him by the U.S.

Constitution and laws in violation of

18 U.S.C. §241.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶6-15, Exs. A-D, F, K;

“contract,” Wilson Decl. Ex. A; Armstrong’s

Answer, Wilson Decl. Exs. B,

 

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2. Several years later, plaintiff filed several

breach of contract actions against defendant

Armstrong which were consolidated in this

Court in the case entitled Church of

Scientology International v. Armstrong, Case

Nos. 152229 and 157680 ("Consolidated

Action").

 

PLAINTIFF’S EVIDENCE:

2. Wilson Decl., ¶¶4-5, Exhibits C and D

thereto, Complaints filed in Church of

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.

 

2. Undisputed, but irrelevant, except as those

“several breach of contract actions” constitute acts

in furtherance of crimes against Armstrong,

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

ARMSTRONG’S EVIDENCE

Armstrong Decl., 2-5, Ex A; Wilson Decl. Exs.

A, B.

3. In the Consolidated Action, plaintiff CSI

sought liquidated damages pursuant to the

terms of the Agreement, as well as injunctive

relief to prevent any future breaches of the

Agreement by defendant Armstrong,

including breaches of paragraph 7(D) of the

Agreement.

 

PLAINTIFF’S EVIDENCE:

3. Wilson Decl., ¶¶4-5, Exhibits C and D

thereto, Complaints filed in Church of

3. Undisputed, but irrelevant, except that such

liquidated damages impermissibly act as

intimidation and punishment in violation of 18

U.S.C. §241 and §242, and such seeking of such

liquidated damages and injunctive relief against

Armstrong, and efforts of any kind to prevent

Armstrong from doing any of the things he has

done or might do, constitute acts in furtherance of

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

ARMSTRONG’S EVIDENCE

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

 

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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.

 

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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.

 

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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.

 

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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.

 

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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.

 

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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

 

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Armstrong to sign, Scientology’s lawsuits, summary adjudication and summary judgment motions,

injunction, judgment, contempt orders and arrest warrants to enforce the “contract” against Armstrong

and Scientology’s extra-judicial Fair Game against Armstrong constitute acts in furtherance of a crime.

 

ISSUE NO. I

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

 

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.

 

 

12. Armstrong Decl. ¶7, Ex. A, B, C, F, K.

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

13. Armstrong Decl. ¶7, Ex. A, B, C, F, K.
 

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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.

 

14. Armstrong Decl. ¶7, Ex. A, B, C, F, K.

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

15. Armstrong Decl. ¶8, Ex. A, B.
 

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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
 
 

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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.

 

16. Armstrong Decl. ¶8, Ex. A, B.

17. Scientology reissued the “Battle Tactics”

policy on September 24, 1987.

 

17. Armstrong Decl. ¶9, Ex. A, B.
18. In 1991 Scientology published a document 18. Armstrong Decl. ¶10, 11, Ex. A, C.
 

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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.

 

 
19. Pursuant to Scientology’s Suppressive Person 19. Armstrong Decl. ¶12, Ex. A, D, K.
 

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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.

 
 

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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.

 

20. Armstrong Decl. ¶13, Ex. A, D, K.

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.

 

21. Armstrong Decl. ¶14, Ex. A, K.

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

22. Armstrong Decl. ¶14, Ex. A, K.
 

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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.”

 

23. Armstrong Decl. ¶15, Ex. A, K.

24. When Armstrong objected to Flynn about the

contract’s conditions that on their face deprived

24. Armstrong Decl. ¶15, Ex. A, K.
 

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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.

 

25. Armstrong Decl. ¶15, Ex. A, K.

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

26. Armstrong Decl. ¶15, Ex. A, K.
 

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Judge Thomas, and every way in which it has

been used by Scientology against Armstrong and

against others, constitute acts in furtherance of

serious civil rights crimes

 

 

27. The actual monetary damage caused to the

Scientology “beneficiaries” by each of

Armstrong’s utterances is zero. Scientology has

never produced one shred of evidence to support

any claim that damages are otherwise.

Scientology lawyer Wilson has admitted that the

damages from an extremely large utterance, thirty-

one pages of letter and documents to the members

of the Los Angeles City Council is “negligible at

best, more likely nil.”

 

27. Armstrong Decl. ¶18, Ex. A, E, K.

28. At the time of the “settlement,” Scientology

was a billion dollar enterprise, whereas Armstrong

had no money whatsoever and no bargaining

power. Scientology had hundreds of lawyers,

whereas Armstrong’s lawyer had been

compromised by Scientology to the point that he

was pressuring Armstrong on Scientology’s behalf

to sign the “contract” to have Fair Game end

against Flynn and his family, assuring Armstrong

that Scientology would end Fair Game forever if

he signed, and also insisting that the liquidated

damages condition was not worth the paper it’s

printed on.

28. Armstrong Decl. ¶19, Ex. A, K.
 

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ISSUE NO. IV.

Armstrong's Claim: Scientology's hands are unclean in this transaction and Scientology is therefore

barred from obtaining the relief it seeks

 

29. On January 23, 1997 Armstrong was served

with a subpoena for production of documents by

defendant Grady Ward in the case of Religious

Technology Center v. Ward, U.S. District Court

for the Northern District of California, Case No.

C-96-20207 RMW.

 

29. Armstrong Decl. ¶21, Ex. G, K.

30. On January 24, 1997 Armstrong received a

fax letter from attorney Wilson stating that the

documents that Ward sought were “within the

purview of the December 6, 1986 Settlement

Agreement and, hence, the various interlocutory

orders and judgment in [ ] Marin Superior Court

No. 157 680,” insisting that Armstrong refrain

from producing the subpoenaed documents before

a motion could be heard, and claiming that

Scientology’s “contract” “requires no less.”

Armstrong took this letter from Wilson, who did

not advise Ward of what was happening, to be a

threat and an improper tampering with a

subpoenaed witness.

 

30. Armstrong Decl. ¶21, Ex. H, K.

31. Armstrong wrote a declaration, executed

January 26, 1997, and sent it to the U.S. District

Court Judge presiding over the Ward case to

advise him of the threat from Wilson.

 

31. Armstrong Decl. ¶21, Ex. I, K.
32. Armstrong left California at the end of January 32. Armstrong Decl. ¶22, Ex. A, J, K.
 

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1997 and traveled to Canada because of his

discovery on the Internet of a submission from

Scientology to the Internal Revenue Service in

response to the IRS’s Form 1023 Request, in

which submission Scientology included several

pages of black PR lies on him. While he was in

Canada, and without notice to him of any kind,

Scientology, represented by attorney Wilson, got

Judge Thomas to sign an order of contempt, fining

and jailing Armstrong for sending his declaration

about the Wilson threat to the U.S. District Court

Judge presiding over the Ward case. The Wilson

threat letter and the order of contempt, jail and

fine for reporting the threat against Armstrong to

the Federal Judge constitute acts in violation of 18

U.S.C. §1512, “Tampering with a Witness,

Victim, or an Informant.”

 

 

33. It is obvious to Armstrong that Wilson

knowingly used intimidation, threatened and

corruptly attempted to persuade him, with intent to

influence, delay and prevent his testimony in the

official Ward proceeding. Armstrong had a right

to report Wilson’s threat by declaration to the

Federal Judge presiding over the case in which the

threat occurred, and had a duty to report this threat

and federal felony, pursuant to 18 U.S.C. §4,

"Misprision of Felony."

 

33. Armstrong Decl. ¶22, Ex. A, K.

34. Nowhere in the contempt order that Judge

Thomas signed is there any mention of Wilson’s

threat letter, which is what caused Armstrong to

send his declaration to the judge on the Ward case.

34. Armstrong Decl. ¶23, Ex. A, J, K.
 

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35. After getting Judge Thomas to sign the

unlawful contempt order, Scientology then used

this order to unlawfully get Armstrong’s appeal

from the injunction and judgment of the Marin

Superior Court dismissed. Using Judge Thomas’s

unlawful contempt order, attorney Wilson insisted,

on behalf of Scientology, that Armstrong was not

entitled to maintain his appeal because of the

fugitive disentitlement doctrine.

 

35. Armstrong Decl. ¶24, Ex. A, J, K.

ISSUE NO. V.

Armstrong's Claim: Armstrong has forty-four live, valid Affirmative Defenses that Scientology has not

even addressed in its motion.

 

36. Armstrong pled in his answer to Scientology’s

complaint forty-four affirmative defenses.

 

36. Armstrong Decl. ¶25, Wilson Decl. Ex B.

37. Scientology did not file a demurrer or a

motion to strike any of Armstrong’s defenses in

this case.

 

37. Armstrong Decl. ¶25.

38. Scientology has not provided any evidence in

its motion for summary judgment that there is no

merit to all or any of Armstrong’s affirmative

defenses, has not disposed of any or all of these

defenses, or even identified the forty-four

affirmative defenses for potential disposal.

 

38. Armstrong Decl. ¶25, Wilson’s Decl.,

Scientology’s Separate Statement.

ISSUE NO. VI.

Armstrong's Claim: One of Armstrong’s live, valid Affirmative Defenses is freedom of religion.

 

39. Armstrong possesses, has always possessed,

and cannot lawfully but possess a right guaranteed

39. Armstrong Decl. ¶26, Ex. A, K, Wilson Decl.

Ex. B

 

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by the First Amendment to the U.S. Constitution

to the free exercise of religion that permits him to

make and have made all of the utterances he has

ever made about Scientology or the

“beneficiaries.” Armstrong has written about this

right to freedom of religion, and necessarily this

affirmative defense to Scientology’s complaint,

hundreds of times in hundreds of pages in

different legal pleadings, declarations and other

public statements.

 

 

40. The only appearance of the word “religion” or

“religious” in Scientology’s motion, separate

statement and Wilson declaration, is to identify

the plaintiff as a “nonprofit religious corporation.”

Any mention of this whole subject and affirmative

defense, and any mention of JudgeThomas’s

having previously dealt with this subject and

defense, is completely missing from Scientology’s

moving papers.

 

40. Armstrong Decl. ¶26, Wilson Decl.,

Scientology’s Motion for Summary Judgment,

Separate Statement

41. Judge Thomas’s refusal to deal with the

religious issue and the free religious exercise

defense, when these were squarely and

voluminously before him in Armstrong’s

oppositions to Scientology’s earlier summary

adjudication and summary judgment motions, is

compelling evidence of judicial malfeasance

 

41. Armstrong Decl. ¶26, Ex. A, K, Marin Clerk’s

Record on Appeal in Appeal No. A075027;

Armstrong’s Opening Brief in Appeal No.

A075027.

42. All of the communications Armstrong has

made that Scientology claims violate its “contract”

and for which it seeks here by summary judgment

$10,050,000.00 and other monetary damages are

Armstrong’s religious expression of his religious

42. Armstrong Decl. ¶27, Ex. A, K, Wilson Ex.

A.B, Complaint.

 

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beliefs about a subject and entity that calls itself a

religion. Armstrong made all of these listed

utterances that comprise his religious expression

of his religious beliefs after Judge Thomas gave

Scientology its injunction and judgment, and these

utterances conveyed and constituted Armstrong’s

religious expression of his religious beliefs at the

time he made them. Judge Thomas had retired

before Armstrong made his religious expressions

of his religious beliefs that constitute elements in

his affirmative defense of free religious exercise to

Scientology’s pending breach of contract claims.

 

 

43. Scientology has provided no evidence

whatsoever to completely dispose of or even deal

with these material facts. Scientology has not

shown that Armstrong’s religious expression is

not his religious expression, that his religious

beliefs are not religious beliefs, and that

Scientology is not a religion.

 

43. Armstrong Decl. ¶27, Wilson Decl.,

Scientology’s Motion for Summary Judgment,

Separate Statement

44. To attempt to prevent, as Scientology is doing

in this Court, by “contract,” by summary

judgment, injunction, judgment, contempt orders

and arrest warrants, the religious expression of a

person’s religious beliefs, about, in this case, a

“religion,” constitutes a clear violation of 18

U.S.C. §241. Scientology’s complete refusal to

deal with or even mention the issue and clear

defense of religious exercise in the summary

judgment motion is evidence of the

“beneficiaries’” guilty knowledge that what

Scientology is doing constitutes a crime, and that

44. Armstrong Decl. ¶27, Ex. A.
 

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Scientology has no lawful way to defeat or even

deal with the defense of religion, because any

effort to defeat the defense of freedom of religion,

given all that has happened between Scientology

and Armstrong in the past twenty-two years, and

what has happened in this Court in the litigations

between Scientology and Armstrong in the past

twelve years, constitutes another criminal act in

violation of 18 U.S.C. § 241.

 

 

45. Armstrong is a Christian, Scientology is

antichristian, and Armstrong has a ministry that

involves defending Christianity and Christians

from Scientology predations and fraud.

 

45. Armstrong Decl. ¶28, Ex. A.

46. Armstrong is a Prophet to Scientologists who

brings them God’s Word as directed.

 

46. Armstrong Decl. ¶28, Ex. A.

47. Armstrong is the founder and head of the

Church of Wogs (CoW) ® which is a global faith

dedicated to protecting wogs from Scientology

defamation and persecution. “Wogs” is the term

Scientologists use for non-Scientologists, and is a

racial epithet both inside and outside Scientology

equivalent to “niggers.” Armstrong is a wog. His

utterances about Scientology and wogs constitute

religious scripture.

 

47. Armstrong Decl. ¶28, Ex. A.

48. Armstrong is the founder of the Suppressive

Person Defense League, dedicated to uniting SPs,

defending SPs against beastification, attack and

menace, and bringing SPs to stand up to

Scientology. Armstrong is an SP. Suppressive

Persons form a religious class and minority

persecuted by Scientology, Scientologists and

48. Armstrong Decl. ¶29, Ex. A, K.
 

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their agents. It is clear to Armstrong that to

prevent him, an SP, from assisting his own people

and class against being beastified, attacked,

menaced and obliterated by Scientology is no

different from preventing a Jew from assisting his

own people and class, the Jews, against being

beastified, attacked, menaced and obliterated by,

e.g., a Nazi cult. Seeking to prevent Armstrong,

by “contract,” threat and punishment from such

assistance to or association with his fellow

Suppressive Persons is a clearly unlawful purpose

and an obvious violation of 18 U.S.C. §241.

Judge Thomas’s abetment of Scientology’s efforts

to prevent Armstrong from assisting or associating

with his own people and class against being

beastified, attacked, menaced and obliterated

constitutes an obvious violation of 18 U.S.C.

§242.

 

 

ISSUE NO. VII.

Armstrong's Claim: The “contract’s” conditions that Scientology seeks to enforce are impossible to

perform.

 

49. Armstrong has a need every day that cannot be

altered or denied to communicate about

Scientology to people. Scientology will view as

Suppressive Persons or Suppressive Groups any

person or company that might hire him, will run

intelligence operations against those persons or

companies, will seek through operations and

attacks against those person or companies to cut

49. Armstrong Decl. ¶29, Ex. A-D, K, L.
 

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off Armstrong’s communications, funds and

connections, to deprive him of advantages and

power, to raid and harass him, and to obliterate

him, and to cut off his potential employer’s

communications, funds and connections, to

deprive his employer of advantages and power, to

raid and harass his employer, and to obliterate his

employer.

 

 

50. Armstrong has a legal duty therefore to

disclose his knowledge of Scientology, his

experiences, his beliefs and anything else that

would explain what the threat Scientology is and

would be to any potential employer. Even to get

welfare, Armstrong must send out his resume to

all sorts of companies disclosing his knowledge of

the threat to them that Scientology would be if any

person or company hired him.

 

50. Armstrong Decl. ¶29, Ex. A, L.

ISSUE NO. VIII.

Armstrong's Claim: Scientology’s “contract,” duress and fraud to get Armstrong to sign, Scientology’s

lawsuits, summary adjudication and summary judgment motions, injunction, judgment, contempt orders

and arrest warrants to enforce the “contract” against Armstrong and Scientology’s extra-judicial Fair

Game against Armstrong constitute acts in furtherance of a crime.

 

51. Armstrong has filed a Complaint Report

consisting of a sworn declaration executed

February 16, 2004 with the Department of Justice

Civil Rights Division. The Complaint Report

identifies a number of U.S. Federal crimes being

committed against Armstrong and others by the

51. Armstrong Decl. ¶2, Ex. A, Wilson Decl. Ex.

A.

 

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persons comprising the individual “parties,”

“releasees” or “beneficiaries” of the “contract”

that underlies this breach of contract case. The

“contract” states that these individuals comprise

every director, officer, employee, volunteer, agent,

assign or lawyer of every Scientology corporation,

organization or affiliated entity, which includes

plaintiff Scientology corporation herein, and

which are also “parties,” “releasees” or

“beneficiaries” of the subject “contract.”

 

 

52. The criminal acts identified in the Complaint

Report relate to and are in furtherance of a global,

twenty-two year long, continuing violation of 18

U.S.C. §241, “Conspiracy Against Rights,” which

states in pertinent part:

If two or more persons conspire to

injure, oppress, threaten, or

intimidate any person in any State,

Territory, Commonwealth,

Possession, or District in the free

exercise or enjoyment of any right or

privilege secured to him by the

Constitution or laws of the United

States, or because of his having so

exercised the same;...

They shall be fined under this title or

imprisoned not more than ten years,

or both.

The subject “contract” is an instrument in and

evidence of that criminal conspiracy, and all of the

“beneficiaries’” efforts to enforce said “contract,”

52. Armstrong Decl. ¶3 Ex. A, K, Wilson Decl.

Ex. A.

 

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including judicially using the Marin Superior

Court, are unlawful acts in furtherance of said

criminal conspiracy.

 

 

53. The Marin Superior Court, most particularly in

the person of former Judge Gary W. Thomas

unlawfully abetted the Scientology

“beneficiaries’” 18 U.S.C. §241 conspiracy,

including by granting to said Scientology

“beneficiaries,” a series of summary adjudication

and summary judgment motions against

Armstrong, by the signing of contempt orders

against Armstrong for said Scientology

“beneficiaries,” and by issuing warrants for

Armstrong’s arrest on behalf of said Scientology

“beneficiaries.” These actions by Judge Thomas

were not supported by logic, law, equity or justice

and constitute a gross and ongoing violation of 18

U.S.C. §242, “Deprivation of Rights Under Color

of Law,” which states in pertinent part:

Whoever, under color of any law, statute,

ordinance, regulation, or custom, willfully

subjects any person in any State, Territory,

Commonwealth, Possession, or District to the

deprivation of any rights, privileges, or

immunities secured or protected by the

Constitution or laws of the United States, ... shall

be fined under this title or imprisoned not more

than one year, or both.

 

53. Armstrong Decl. ¶4 Ex. A, K, Wilson Decl.

Ex. A, Court record in Marin Superior Court Case

Nos. 152229 and 157680.

54. The rights and privileges secured to 54. Armstrong Decl. ¶5, Ex. A, K.
 

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Armstrong by the U.S. Constitution and laws,

which the Scientology beneficiaries, in violation

of 18 U.S.C. §241, have conspired to injure,

oppress, threaten, and intimidate him in the free

exercise or enjoyment of, and the rights and

privileges which Judge Thomas deprived

Armstrong of, in violation of 18 U.S.C. §242,

include, but are not limited to: right to the free

exercise of religion; right to freedom from slavery;

right to freedom of speech; right to self-defense;

right to freedom of association; right to due

process; right to communicate with or petition

government agencies; right to report crimes;

litigant’s privilege; doctor-patient privilege;

clergyman-penitent privilege.

 

 
Dated March 2, 2004 Respectfully submitted,

Gerry Armstrong

 

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