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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

Religious Technology Center,

        Plaintiff,

v.

Grady Ward,

        Defendant.


Religious Technology Center,

        Plaintiff,

v.

H. Keith Henson,

        Defendant.


Religious Technology Center, et al.,

        Plaintiffs,

v.

Dennis Erlich, et al.,

        Defendants.


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NO. C-96-20207 RMW

 

 

 

 

 

NO. C-96-20271 RMW

 

 

 

 

NO. C-95-20091 RMW

DECLARATION OF GERALD ARMSTRONG

    I, Gerald Armstrong, declare:

    1. I have personal knowledge of the facts set forth in

 

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this declaration and could competently testify thereto if called

as a witness.

     2. I am a writer, artist and philosopher.Theologically

speaking I am a prophet. Speaking religiously, I am a Christian.

     3. I am an expert and have testified as an expert in the areas of the

Scientology organization's structure, nature,

philosophy, policies, practices, history, specifically regarding

its notorious fair game doctrine, its fraudulent representations,

its legal abuses and tactics, and its "theology." I have

testified, either in deposition or trial, over 60 days in

approximately 20 Scientology related cases. I have written and

executed dozens of declarations, which I will supply the Court if

requested, concerning my Scientology knowledge and experiences.

I have stated most of the facts contained in this declaration in

these earlier sworn statements.

     4. I have been sued by the Scientology organization five

times since 1982 in its continuing effort to prevent me from

speaking the truth and to destroy me financially. I have

been throughout this time a world-wide target of Scientology's

character assassination campaign or "black propaganda," which it

also calls "dead agenting." To "dead agent" someone, according

to Scientology founder L. Ron Hubbard, is to destroy a target's

credibility so that someone else "kills" him. I will list some

of these acts below. Scientology is controlled and directed by

David Miscavige.

     5. Within the past three weeks I have obtained an internet

account and have started reading the newsgroup alt.religion.

scientology. Grady Ward, defendant herein, posted a request for

declarations concerning knowledge of fair game operations, and

 

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specifically ops involving organization private investigator

Eugene M. Ingram. Mr. Ward stated that the declarations are

needed fairly urgently. I have such knowledge, some of which I

will provide below. I am aware of the related cases before this

Court, RTC v. Erlich, and RTC v. Henson, and will also provide

this declaration to those parties.

     6. I am submitting this declaration directly to the Court

because of an order filed October 17, 1995, a true and correct

copy of which is attached herewith as Exhibit [A], in the case of

Scientology v. Gerald Armstrong, Marin Superior Court Case No.

157680 ("Armstrong IV"). By that order, which became part of a

" judgment" filed May 2, 1996, a true and correct copy of which is

attached herewith as Exhibit [B], I am prohibited from:

" 2. Voluntarily assisting any person (not a government

organ or entity) defending a claim, intending to defend a

claim, intending to defend an arbitration, or intending to

defend any claim being pressed, made, arbitrated or

litigated by any of the Beneficiaries, regarding such claim

or regarding defending, arbitrating, or litigating against it;

3. Voluntarily assisting any person (not a government

organ or entity) arbitrating, or litigating adversely to any

of the Beneficiaries;" (Ex. A, 8:1-7)

      7. The " Beneficiaries" are:

-    The Church of Scientology International, its officers,

directors, agents, representatives, employees, volunteers,

successors, assigns and legal counsel;

-    The Church of Scientology of California, its officers,

directors, agents, representatives, employees, volunteers,

 

 

 

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successors, assigns and legal counsel;

-    Religious Technology Center, its officers, directors,

agents, representatives, employees, volunteers, successors,

assigns and legal counsel;

-    The Church of Spiritual Technology, its officers,

directors, agents, representatives, employees, volunteers,

successors, assigns and legal counsel;

-    All Scientology and Scientology affiliated Churches,

organizations and entities, and their officers, directors,

agents, representatives, employees, volunteers, successors,

assigns and legal counsel;

-    Author Services, Inc., its officers, directors, agents,

representatives, employees, volunteers, successors, assigns

and legal counsel;

-    The Estate of L. Ron Hubbard, its executor,

beneficiaries, heirs, representatives, and legal counsel;

and/or

-    Mary Sue Hubbard;" (Ex. A, 7:8-28).

    8. By this order I am prohibited from providing this

declaration to Mr. Ward, Mr. Erlich or Mr. Henson for their

defense, since the plaintiff RTC is one of the "beneficiaries."

Eugene Ingram, being Scientology's agent, is a protected

"beneficiary" as well, as are all of its corporations' attorneys,

including its attorneys herein.

9. I am also prohibited by this order from

"5.Discussing with anyone, not a member of [my]

immediate family or [my] attorney, Scientology, the Church,

and/or any of the Beneficiaries;" (Ex. A, 8:14-16)

Thus, I may not even, and remain in compliance with this order,

 

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tell Mr. Ward, Mr. Erlich, Mr. Henson, or anyone else being

persecuted by the Scientology organization with its well known

and well greased fair game machinery and operatives, one word of

my knowledge concerning these persecutors, or that I am myself so

persecuted.

     10. This 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. (See, Ex. A, 8:1,2; 6,7) I am

therefor providing the original of this declaration to the Court.

I also believe that it would be improper to send this declaration

to the Court in secret, thus I am sending copies to the parties

or their counsel.

     11. I believe the order and judgment are illegal on their

faces, and obtained by Scientology through illegal tactics. The

"contract" which the "order" enforces was obtained by Scientology

through threat, fraud, related criminal activities, and the

vitiation of my lawyers. I have appealed the judgment, and

believe that I will prevail and be free from Scientology's very

damaging, illegal and evil efforts to keep me suppressed and

defenseless. In the meantime, I am by this declaration making

known some of Scientology's abuses, one of which is this order

itself, and I am working for their cessation, for safety, peace

and sanity on whatever channels remain to me. I know that

certain of Scientology's leaders and agents are vindictive,

desperate and dangerous, and have targeted me as a major"enemy."

I believe I am in considerable physical danger at this time.

What Scientology's leaders have done and ordered done to suppress

 

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and destroy me in the past 15 years is unbelievable, and these

people evidence a continuing determination to keep that history

of suppression and destruction from ever being believed or even

known.

    12. Attached hereto as Exhibit [C] is a true and correct copy

of a document entitled "Mutual Release of All Claims and

Settlement Agreement," (hereinafter, quot;"settlement agreement"")

which was part of the December, 1986 "settlement" of my cross-

complaint in the first case in which Scientology sued me in 1982,

Scientology v. Armstrong, Los Angeles Superior Court Case No.

420153 ("Armstrong I"). Scientology's judicial enforcement of the

"settlement agreement" resulted in the order and judgment

appended hereto as Exhibits A and B. I will describe in paras.

22 through 32 below how Scientology obtained my signature on this

document.

    13. I became involved with Scientology as a customer in 1969

in Vancouver, B.C. I worked on staff there in 1970, and in

February 1971 joined the Sea Organization ("Sea Org" or " SO") in

Los Angeles. I was flown to Spain and joined the Sea Org's flag

ship, "Apollo," in Morocco. L. Ron Hubbard, the SO's

"Commodore," and all of Scientology's supreme leader, was on

board and operated Scientology internationally through the " crew"

which numbered, during my stay on board of four and a half years,

around four hundred. All my staff positions on board involved

personal contact with L. Ron Hubbard, Mary Sue Hubbard,

administrative organization staff, and people in the ports and

countries the "Apollo" visited, and included "Ship's

Representative" (legal officer), "Port Captain" (public relations

officer), and "Intelligence Officer."

 

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    14. In the fall of 1975, after the ship operation moved

ashore in Florida, I was posted in the Guardian's Office (GO)

Intelligence Bureau connected to Hubbard's Personal Office. From

December 1975 through June 1976 I held the post of Deputy LRH

External Communications Aide, a relay terminal for Hubbard's

written and telex traffic to and from Scientology organizations.

From July 1976 to December 1977 I was assigned, on Hubbard's

order, to the Rehabilitation Project Force ("RPF"), the SO prison

system, in Clearwater, Florida. In 1978 I worked in Hubbard's

cinematography crew in La Quinta, California making movies under

his direction until the fall of that year when he again assigned

me to the RPF, this time for eight months, initially in La

Quinta, then at a newly purchased base at Gilman Hotsprings near

Hemet, California. When I got out of the RPF in the spring of

1979, and until the beginning of 1980, I worked in Hubbard's

"Household Unit" ("HU") at Gilman, the SO unit which took care of

Hubbard's house, personal effects, transport, meals and so forth.

My posts included "Purchaser," "LRH Renovations In- Charge" and

"Deputy Commanding Officer HU."

     15. Throughout 1980, and until I left the organization in

December 1981, I held the organization posts in Hubbard's

"Personal Public Relations Bureau" of "LRH Archivist" and "LRH

Personal Researcher." I assembled in Los Angeles an archive of

Hubbard's writings and other materials relating to his history to

be used as the basis for a biography to be written about the man.

I also worked in Los Angeles for the first few months of 1980 on

Mission Corporate Category Sortout ("MCCS"), which had the

purpose of restructuring the Scientology enterprise so that

Hubbard could continue to control it without being liable for its

 

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actions. Beginning in the fall of 1980 and continuing until my

departure, I provided the biographical writings and other

materials, as I collected and organized them, to a non-

scientologist writer Omar Garrison, who had contracted with the

organization to write the Hubbard biography. I interviewed many

people who had known Mr. Hubbard at periods throughout his life,

including almost all of his living relatives. I traveled several

thousand miles collecting biographical information and conducting

a genealogy search, and arranged the purchase of a number of

collections of Hubbard-related documents and other materials from

individual collectors.

     16. Through my research and study of documentary evidence I

learned that Mr. Hubbard had lied about his past, credentials,

accomplishments, relationships and intentions. I disproved many

of the claims made by Hubbard in his biographies printed in

Scientology publications and used in promotion of the man and his

philosophy and psychotherapy, and attempted to get the

organization executives responsible for these publications to

correct the false claims. As a result I was deemed a threat, and

ordered to be "security checked," an interrogation employing an

electronic meter as a lie detector, a procedure I had undergone

many times in the Sea Org. I had by this time also debunked the

significant representations Hubbard had made about himself or his

"technology" which had drawn me into and kept me in the

organization for over twelve years; e.g., that he was an engineer

and an atomic physicist; that he had been crippled and blinded in

combat in World War II and had cured himself with his mental

science discoveries; that it was a matter of medical record that

he had twice been pronounced dead; that his psychotherapy had

 

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been subjected to rigorous scientific testing; that it cured all

psychosomatic ills and raised IQs a point per hour of therapy (I

had by this time had well over a thousand hours); that he had

been remunerated for his labors less than staff members were paid

(in my case between $4.30 and $17.20 per week throughout my SO

years); and that he and his organization were ethical and well-

intentioned. When it became clear to me that I was not going to

be able to get the organization or Hubbard to admit to the lies

and take a more honest path I left, along with my then wife

Jocelyn.

     17. Following my departure the organization published a

"Declaration" dated February 18, 1982 labelling me a "Suppressive

Person ("SP")." An SP is considered in Scientology completely

psychotic and destructive, one of the two and a half percent

truly evil people on the planet. SPs are viewed as enemies of

Scientology and mankind and are targets for the organization's

"Fair Game Policy," which states specifically that they may be

lied to, cheated, sued and destroyed without discipline of the

Scientologist committing such acts. The "SP Declare" on me also

accused me of "spreading destructive rumors about senior

Scientologists." I knew in early 1982 that I was the target of

Guardian's Office intelligence operations because certain friends

were contacted and interrogated about me by known GO intelligence

personnel. In April, 1982 the organization also illegally

appropriated a set of photographs I had entrusted with an

associate, Virgil Wilhite, and when I demanded their return told

me to "get a lawyer."

    18. A few days later I met with Boston, Massachusetts

attorney Michael Flynn, who agreed to defend me against the

 

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organization, which on April 22, 1982 published a second SP

declareaccusing me of eighteen "crimes, high crimes and

suppressive acts," including, inter alia, promulgating false

information about Hubbard and the organization. In the late

spring and summer of 1982 I obtained from Omar Garrison with his

permission some of the documents I had delivered to him while in

the organization which I considered I would need to defend myself

against the organization's charges in the SP declares and

whatever actions its leaders would bring against me in the non-

scientology courts. I sent these to Mr. Flynn, who was at that

time, and for the next four and a half years, the most effective,

prominent and attacked attorney combating Scientology, and to

Contos and Bunch, a California law firm, which by then had agreed

to be local counsel for me against the organization. Mr. Flynn

represented approximately twenty individuals with damage claims,

and was in communication with hundreds of people involved in

opposition to or knowledgeable about Scientology. The

organization filed the Armstrong I suit against me on August 2,

1982, and the Hubbard biography documents that I had sent to my

lawyers were ordered by the Court to be deposited with the Clerk

where they stayed until trial in the spring of 1984.

     19. In August and September 1982 the organization employed a

number of private investigators to spy on and harass my wife and

me. During that period one of these investigators assaulted me

bodily, and another struck my body with a car, and attempted to

involve me in a freeway accident by getting in front of my car

and slamming on his brakes and pulling alongside my car and

swerving into my lane. The organization also attempted to get

the Los Angeles Police Department to bring criminal charges

 

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against me in connection with the Hubbard documents which had

become the subject of the civil litigation in LA Superior Court.

     20. I filed a cross-complaint for fraud and fair game in

1982 against various Scientology corporations which was severed

from the underlying document case and was never tried because it

"settled" in December 1986. The underlying document case was

tried without a jury by Judge Paul G. Breckenridge, Jr., who

rendered a decision on June 20, 1984, a true and correct copy of

which is attached hereto as Exhibit [D]. This document, known

around the world as the "Breckenridge decision," rebukes

Scientology's fair game doctrine and other abuses. It was

affirmed on appeal, Scientology v. Armstrong (1991), 232

Cal.App.3rd 1060, 283 Cal.Rptr. 917. Judge Breckenridge states:

"In addition to violating and abusing its own members

civil rights, the organization over the years with its

"Fair Game" doctrine has harassed and abused those

persons not in the [organization] whom it perceives as

enemies. The organization clearly is schizophrenic and

paranoid, and this bizarre combination seems to be a

reflection of its founder LRH. The evidence portrays a

man who has been virtually a pathological liar when it

comes to his history, background and achievements. The

writings and documents in evidence additionally reflect

his egoism, greed, avarice, lust for power, and

vindictiveness and aggressiveness against persons

perceived by him to be disloyal or hostile." (Ex.D,

8:18-9:4).

    21. Between the 1984 Breckenridge decision and December,

1986 settlement, the organization's campaign against me included

 

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at least these acts: attempted entrapment; illegal videotaping;

breaking into my car and theft of personal writings and art;

filing false criminal charges against me with the Los Angeles

District Attorney; filing false criminal charges against me with

the Boston office of the FBI; filing false declarations to bring

contempt of court proceedings against me on three occasions;

obtaining perjured affidavits from English private investigators,

who had harassed me in London in 1984, which falsely accused me

of distributing "sealed" documents; international dissemination

of Scientology publications falsely accusing me of crimes,

including crimes against humanity; culling and disseminating

information from my supposedly confidential "auditing"

(psychotherapy) file. I know that the attempted entrapment,

illegal videotaping, and filing false charges with the LA DA all

involved Eugene Ingram, who had been thrown out of the Los

Angeles Police Department for allegedly pandering and taking

payoffs from a drug dealer. In the fall of 1984 Mr. Ingram

called me and threatened to "put a bullet between [my] eyes."

     22. The circumstances leading up to and at the time of my

signing of the December, 1986 " settlement agreement" make

understandable why I would sign such a bizarre document. I had

prevailed overwhelmingly in the defense side of Armstrong I. My

cross-complaint against Scientology was set to go to trial in

early 1987. Lawrence Wollersheim had in July, 1986, obtained a

twenty-five million dollar jury verdict against Scientology, also

in LA Superior Court. By December, 1986 I had weathered five

years of fair game. Michael Flynn, my attorney and employer, who

had represented me throughout Armstrong I, had been Scientology's

fair game target for seven years. The organization had sued him

 

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and/or his office more than a dozen times in various

jurisdictions. The organization had "black PRed" him around the

world; infiltrated his office; stolen documents; contacted and

paid known criminals for statements falsely accusing him of

crimes (for a glimpse, see, e.g., U.S. v. Kattar, 840 F.2d. 118);

paid some of his former clients to execute false sworn statements

attacking him; framed him with an attempt to cash a forged check

on one of L. Ron Hubbard's bank accounts; and attempted to bring

false criminal charges against him. He expressed in many ways an

abiding concern that his family was at physical risk. Eugene

Ingram was involved in and largely responsible, as Scientology's

paid agent, for framing Mr. Flynn and attempting to have him

charged criminally. Mr. Flynn several times made the statement

to me, and publicly to hundreds of others, that he believed

Scientology had attempted to have him killed by tampering with

his private plane. He filed his own lawsuits against Scientology

and Mr. Hubbard in response to the fair game attacks.

   23. During the years the organization carried out its war

on Mr. Flynn, organization lawyers had communicated and met with

him on a number of occasions regarding settling his and his

clients' cases. I knew that such meetings occurred because I was

one of those clients from early 1982 and I had worked for Mr.

Flynn from September, 1985 through 1986 in his office in Boston.

Around the beginning of December, 1986 Mr. Flynn called from Los

Angeles, where he was meeting with Scientology's lawyers to say

that a "global settlement" had been reached. He already had my

agreement on a monetary figure for which I would settle my

lawsuit. He was to be paid a lump sum which he was to divide

between his clients and himself.

 

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     24. I have in the past waived my attorney- clientprivilege

as to my conversations with Mr. Flynn at the time of and

concerning the "global settlement," and I again waive that

privilege as to those conversations. I have stated these facts

in several declarations since 1990. On December 5, 1986 I was

flown to Los Angeles, as were several other of Mr. Flynn's

clients from various places, to participate in this settlement.

Shortly after my arrival in LA I was shown a copy of the

"settlement agreement" (identical in all important respects to

Exhibit C hereto) and some other documents, which Mr. Flynn

indicated I was to sign.

     25. Upon reading the settlement agreement draft I was

shocked and heartsick. I told Mr. Flynn that the condition of

"strict confidentiality and silence with respect to [my]

experiences with the [organization]" (Ex. C, ¶7D), since it

involved over seventeen years of my life, was impossible. I told

him that the "liquidated damages" clause (Ex. C, ¶7D)

was outrageous; that pursuant to the settlement agreement I would

have to pay $50,000.00 if I told a doctor or psychologist about

my experiences from those years; or if I put on a resume what

positions I had held during my organization years. I said that

if I went on a date and the woman of my dreams asked me where had

I been all her life, I'd have to pay Scientology $50,000 if I

dared to tell her. I told Mr. Flynn that the requirements of

non-amenability to service of process (Ex. C, ¶7H) and non-

cooperation with persons or organizations adverse to the

organization (Ex. C, ¶¶7G, 10) were obstructive of justice. I

told him that I felt that agreeing to leave the organization's

appeal of the decision in Armstrong I and not respond to any

 

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subsequent appeals (Ex. C, ¶4B) was unfair to the courts and all

the people who had been helped by the decision. I told Mr. Flynn

that an affidavit the organization was demanding that I sign

along with the settlement agreement was false. The document

stated, inter alia, that my disagreements with the organization

had been with prior management and not with the then current

leadership. In fact there had been no management change and I

had the same disagreements with the organization's "fair game"

policies and actions, which had continued without change up to the

time of the settlement. I told Mr. Flynn that I was being

asked to betray everything and everyone I had fought for against

organization injustice. It was as if no more restrictive,

insulting, mean spirited, impossible and immoral an "agreement"

could have possibly been "negotiated" on my behalf.

     26. In answer to my objections to the settlement agreement

Mr. Flynn said that the silence and liquidated damages clauses,

and anything which called for obstruction of justice were "not

worth the paper they're printed on." He said the same thing a

number of times and a number of ways; e.g., that "you cannot

contract away your Constitutional rights;" that "the conditions

are unenforceable." He said that he had advised the organization

attorneys that those conditions in the settlement agreement were

not worth the paper they were printed on, but that the

organization, nevertheless, insisted on their inclusion in the

settlement agreement and would not agree to any changes. He

pointed out the clauses concerning my release of all claims

against the organization to date and its release of all claims

against me to date (Ex. ¶¶C, 1,4,5,6 and 8)and said that they

were the essential elements of the settlement and "are what

 

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they're paying you for."

     27. Mr. Flynn also said that everyone was sick of the

litigation and wanted to get on with their lives. He said that

he was sick of the litigation, the threats to him and his family

and wanted out. He said that as a part of the settlement he and

all co-counsels had agreed to not become involved in

organization-related litigation in the future. He expressed a

deep concern that the courts in this country cannot deal with the

organization and its lawyers and their contemptuous abuse of the

justice system. He said that if I didn't sign the documents all

I had to look forward to was more years of harassment and misery.

One of Mr. Flynn's other clients, who was in the room with us

during this discussion, yelled at me, accusing me of killing the

settlement for everyone, and that everyone else had signed or

would sign, and everyone else wanted the settlement. Mr. Flynn

said that the organization would only settle with everyone

together; otherwise there would be no settlement. He did agree

to ask the organization to include a clause in my settlement

agreement allowing me to keep my creative works relating to L.

Ron Hubbard or the organization (Ex. C, ¶7L).

     28. Mr. Flynn said that a major reason for the settlement's

"global" form was to give the organization the opportunity to

change its combative attitude and behavior by removing the threat

he and his clients represented to it. He stated that the

organization had promised that if we settled they would cease all

fair game. He argued that the organization's willingness to pay

us substantial sums of money, after its agents and attorneys had

sworn for years to pay us "not one thin dime," was evidence of a

philosophic shift within the organization. I argued that the

 

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settlement agreement evidenced the unchanged philosophy of fair

game, and that if the organization did not use the opportunity to

transform its antisocial nature and actions toward its members,

critics and society I would, a few years hence, because of my

knowledge of organization fraud and fair game, be again embroiled

in its litigation and targeted for extralegal attacks.

     29. Regarding the affidavit the organization required that

I sign, Mr. Flynn said that the "disagreement with prior

management" could be rationalized as being a disagreement with L.

Ron Hubbard, and since Mr. Hubbard had died in January 1986 it

could be said that I no longer had that disagreement. Mr. Flynn

said that the organization's attorneys had promised that the

affidavit, which he said all the settling litigants were signing,

would only be used by the organization if I began attacking it

after the settlement, and since I had no intention of attacking

the organization the affidavit would never see the light of day.

     30. During my meeting with Mr. Flynn in Los Angeles I found

myself facing a dilemma which I reasoned through in this way. If

I refused to sign the settlement agreement and affidavit, all the

other settling litigants, many of whom had been flown to Los

Angeles in anticipation of a settlement, would be extremely

disappointed and would continue to be subjected to organization

harassment for an unknown period of time. I had been positioned

in the settlement drama as a deal-breaker and would undoubtedly

lose the support of some if not all of these litigants, several

of whom were key witnesses in my case against the organization.

Although I was certain that Mr. Flynn and my other lawyers would

not refuse to represent me if I did not sign the documents I also

knew that they all would view me as a deal-breaker and they would

 

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be as disappointed as the other litigants in not ending

the litigation they desperately wanted out of. The prospect of

continuing the litigation with unhappy and unwilling attorneys on

my side, even though my cross-complaint was set for trial within

three months, was distressing. On the other hand, if I signed

the documents, all my co-litigants, some of whom I knew to be in

financial trouble, would be happy, the stress they felt would be

reduced and they could get on with their lives. Mr. Flynn and

the other lawyers would be happy and the threat to them and their

families would be removed. The organization would have the

opportunity they said they desired to clean up their act and

start anew. I would have the opportunity to get on with the next

phase of my life and the financial wherewithal to do so. I was

also not unhappy to at that time not have to testify in all the

litigation nor to respond to the media's frequent questions. If

the organization continued its fair game practices toward me I

sensed that I might be left to defend myself and I accepted that

fact. So, armed with Mr. Flynn's advice that the conditions I

found so offensive in the settlement agreement were not worth the

paper they were printed on, and the knowledge that the

organization's attorneys were also aware of that legal opinion, I

put on a happy face and the following day went through the

charade of a videotaped signing. I believe I was guided by God

in making the legally ill-advised decision to sign Scientology's

documents. This secret scheme to corrupt Justice is now seen as

the evil it is in large part because of Scientology's insistence

that Justice's corruption was its right.

    31. It was my understanding and intention at the time of

the settlement that I would honor in a sensible way the silence

 

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and confidentiality conditions of the settlement agreement. I

would not contact the media about Scientology, publish my

Scientology history or file statements in court concerning

Scientology. It was also my understanding that the organization

had agreed to do likewise; i.e., it would not contact the media

about me, publish my Scientology history or file statements in

court concerning me. Although the "settlement agreement" did not

specifically prohibit Scientology from communicating about me, it

implied a reciprocality, and I knew that if it did communicate I

would be free to respond. That Scientology would be able to say

whatever it wanted about me to the media, in publications, to

governments, and in judicial or administrative proceedings, and

could judicially prosecute me if I responded was, at that time

and in this country, inconceivable to me.

    32. A few weeks after the "settlement" I was advised by a

Los Angeles Times reporter that Scientology agents had delivered

a stack of documents about me to the paper. Although shocked by

this action, which was out of the blue because I had said or done

nothing about Scientology after the "settlement," I did not

respond. Following the settlement, and before I responded in any

public way, Scientology subjected me to considerable fair game,

which included filing affidavits falsely accusing me of crimes

and of being an "agent provocateur of the United States

government;" publishing distorted versions of my Scientology

history; using documents which the organization had requested be

sealed in Armstrong I to attack me; distributing dead agent packs

of documents concerning me to the media; distributing copies of

edited versions of the illegal videotapes of me to the media

internationally; blackmail; and threatening me six times with

 

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being sued if I responded to any attacks. Scientology also

continued to subject other people to fair game, in violation of

its promise through Mr. Flynn that it was ceasing all fair game

activities. The person who in the fall of 1987 delivered

documents concerning me and a doctored and edited copy of the

1984 illegal videotape of me to the London Sunday Times was

Eugene Ingram.

    33. For three years I attempted to live by the spirit of

settlement, and, although threatened and saddened by

Scientology's continuing attacks, did not respond, but had tried

to live my life away from Scientology's war. I wrote, drew, ran,

had remarkable ideas, and formed The Gerald Armstrong Corporation

("TGAC") with wonderful hopes and great expectations. In late

1989, however, after a series of threats from Scientology lawyer

Lawrence Heller, following my being served with a deposition

subpoena in the case of Bent Corydon v. Scientology, Los Angeles

Superior Court No. C 694401, I concluded that I had to do

something to defend myself. I saw that I could not avoid a

confrontation with the organization, and that there was a need to

correct what I knew was as an obstruction of justice, that the

settlement contracts and Scientology's enforcement thereof were

working in the legal arena. Mr. Heller threatened that if I

testified about my knowledge of Hubbard and Scientology, even

though I had been subpoenaed to testify, Scientology would

consider such testimony a breach of the "contract" and would sue

me.

    34. I researched my rights and responsibilities and

concluded that I had a duty to oppose known obstruction of

justice. I also learned at that time that Scientology had been

 

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able to maintain an appeal from the Breckenridge decision in the

California Court of Appeal and had just then filed its opening

brief. I therefore petitioned that Court to be able to file a

response. My filings in the Court of Appeal in 1990 included a

declaration detailing and documenting Scientology's post-

settlement torts and violations, and a declaration detailing the

circumstances at the time of the 1986 settlement. The Court of

Appeal granted my petition , I filed a respondent's brief, and in

July, 1991 the Court affirmed the Breckenridge decision.

Following the California Supreme Court's denial of review,

Scientology filed a motion in the Court of Appeal to seal the

record on appeal. I opposed the motion, and the Court of Appeal

denied it. The complete trial transcript, which contains ten

days of my testimony about my Scientology experiences up to 1984,

is a public document.

    35. In August, 1990 I was greatly moved by the buildup

toward war in the Middle East, and the general condition of man.

I prayed to God for guidance as to what I should do, and received

the word: "Keep nothing. Give what you have to the poor. Take

only what you need." I gave my possessions to those whom I

believed had a need for them as put in my heart by God, forgave

debts owed to me, and determined to go where God would have me go

and do what God would have me do; which I believed was to help

where my help was asked for. Although these decisions had

nothing to do with Scientology, the organization has made them

relevant in the legal arena by suing me and three of my friends,

falsely charging that my giving away my things were "fraudulent

conveyances" to make myself "judgment proof" so I could breach

its "settlement agreement." For the next year after my

 
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renunciation God had me, among other things, offer myself to

resolve the Middle East conflict, do some house painting and

carpentry work, deal with the pending appeal, attempt to correct

Scientology's subversion of the legal system, agree to help the

victims of Scientology who asked for my help, and offer myself to

resolve the Scientology conflict in which I had been drawn by its

attacks.

    36. Scientology's fair game attacks on me following my

responding in its appeal of the Breckenridge decision include,

but are not limited to, secretly videotaping me; suing me and

TGAC (pronounced "Teegeeack") four times (Marin Superior Court

Case No. 152229, transferred to Los Angeles Superior Court and

given No. BC 052395 ("Armstrong II"), Los Angeles Superior Court

Case No. BC 084642 ("Armstrong III"), Marin Superior Court Case

No. 157680 ("Armstrong IV," the "fraudulent conveyance" case),

United States Bankruptcy Court for the Northern District of

California Case No. 95-10911 aj, Adv. No. 95-1164 aj ("Armstrong

V"); Armstrong II, III and IV were consolidated into Marin SC No.

157680); attempting to have me jailed for contempt of court based

on Scientology's misrepresentation of my actions and its own

manufactured charges; filing declarations in various courts

containing false charges, and using the "settlement agreement"to

prevent me from responding or punish me for responding; using

Eugene Ingram to spread the false rumor in 1992 that I have AIDS;

forcing me into bankruptcy; attempting to seize my artwork, and

personal and intellectual property through judicial means based

on false charges; disseminating to the media packs of black PR

which provide Scientology's false version of my experiences,

including the lies that I testified falsely at trial in 1984;

 

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that I have "adopted a degraded lifestyle;" that I am connected

to a referral agency for kidnapping; that my defense in the 1984

trial was a sham and a fraud; that the Los Angeles Police

Department authorized the illegal 1984 videotaping; that I wanted

to plant fabricated documents in Scientology files and tell the

IRS to conduct a raid; that I wanted to plunder Scientology for

my own financial gain; that I never intended to stick to the

terms of the "settlement contract;" that my motives are money and

power; that I was incompetent as a researcher; that I perjured

myself about surrendering documents to the court; that I wanted

to orchestrate a coup in which members of the US government would

wrest control of Scientology; publishing black propaganda about

me without stating its source which provide Scientology's false

version of my experiences including the lies that I was formerly

a heavy drug pusher; that a Marin Independent Journal photo

showed me in the nude; that I am psychotic and live in a delusory

world; charging falsely in a letter to the press that I had

distinguished myself by posing naked in a newspaper; attempting

to cause me trouble with the IRS by writing black propaganda

letters about me; distributing packs of black propaganda

which attacked my lawyer Ford Greene, and Judge Breckenridge.

     37. I worked with attorney Greene from August, 1991 through

December, 1995, except for about three weeks in April, 1995.

Throughout that period Scientology attempted overtly through

misuse of the courts and covertly through its Office of Special

Affairs ("OSA"), the organization's intelligence arm, alongwith

other operatives, to prevent me from working with Mr. Greene and

from defending myself. Scientology employed a covert operative,

Garry Scarff, whom it had infiltrated into Mr. Greene's office,

 

 
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to develop a black PR "attack line" that Mr. Greene and I were

involved in a homosexual relationship. Scientology has subjected

Mr. Greene to years of fair game, which included having Scarff,

while in his office, steal his office records and cause trouble;

concocting a plot with Scarff to have him killed; having Scarff

execute false declarations about Mr. Greene; filing five spurious

bar complaints against him; operating at least two of his

clients, Richard and Vicki Aznaran, as Scientology's own agents,

and paying them to execute false declarations against Mr. Greene

and breach their contract with him. Scientology was able to

achieve one of its desired goals with the Thomas order, Ex. A,

which made my working with Mr. Greene threatening and virtually

impossible. I have been denied two other good jobs in the past

year because of my relationship to the Scientology organization

and the threat that goes with it. I have within the past week

learned from Mr. Greene that his office was recently burglarized

and my office file stolen along with other important legal files.

Eugene Ingram has been involved in the attacks on Mr. Greene, has

harassed his friends, and sought by " legal" and illegal means to

prevent him from effectively litigating against Scientology.

     38. Throughout its post-settlement judicial attacks on me

Scientology has proclaimed that by the "settlement agreement"it

sought peace. Scientology also interprets the "agreement" to

mean that it can say whatever it wants about me, no matter how

false, obnoxious or evil and that I may not respond. The

organization has indeed said whatever it wanted to about me,

falsely accusing me of crimes and attacking my character and

credibility. Scientology claims that if I do respond in any way

I am liable for $50,000 in liquidated damages, and may be jailed.

 

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Scientology, under David Miscavige, has filed bogus lawsuits and

been able to get Marin Superior Court Judge Gary W. Thomas for

bogus reasons to give them an unreasonable interpretation of the

agreement and an unreasonable judgment. Judge Thomas has stated

that essentially Scientology may say whatever it wants and I may

not respond. Because of, inter alia, what that kind of decision

and reasoning portends for Lady Justice, and because the silence

of bells too cannot be unrung, I have not succumbed quietly.

     39. Through the decade of Scientology's legal attacks on me

after the December, 1986 "settlement," it has intimidated Mr.

Flynn into not coming forward to assist me. He was not only my

attorney, he was my good friend. He now says that the contract

is evil, that Scientology is evil and he wants to help me. He

also says that he signed a "contract" with Scientology, which I

was unaware of at the time of the "settlement," which

specifically prevents him from assisting me. While acknowledging

that this "contract" is illegal, he says that he knows that his

life will be ruined even more than it has been by Scientology if

he comes forward to help.

     40. I believe that Scientology's interpretation of the

"settlement agreement," to which Judge Thomas has added the

authority of the California courts, is unconscionable and

unamerican. Because there are dozens of these "contracts" among

first hand witnesses to Scientology's criminal and tortious

practices, and because of Scientology's fair game use of the

"settlement agreement" against me, I believe that a terrible

injustice is being abetted by our courts, which should be opposed

with all strength. In my opinion, that one party to a settlement

contract, which is supposed to be essentially a peace accord, is

 

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able to continue to shoot at the other party, who is wounded, has

been disarmed and is not being allowed to defend himself in any

way, is not peace at all but a demonic hunting trip. The

"settlement agreement," and now the judgment enforcing it, are in

this "civilized society," licenses for hunting humans.

     41. I was paid in settlement by Scientology for its years

of psychological cruelty, threat and stalking; i.e., fair game.

Scientology's leaders did not learn their lesson but continued

the cruelty, threat and stalking of a person already

psychologically hurt and altered beyond belief by the actions

they promised to cease. I performed my part of the 1986

settlement. I dismissed my cross- complaint, released to

Scientology all evidence from my case, removed myself from

controversy, and gave Scientology the time and freedom it said it

wanted to cease fair game. Scientology's leaders, knowing that

they had compromised and removed my attorney, failed to perform

their part of the settlement, but continued fair game against me

after they had psychologically wounded me and, they thought,

rendered me defenseless.

     42. In 1991 I became a Christian. I had, in the years

after leaving Scientology, come to recognize that I was guided by

God, and I sought to be guided in all circumstances in which I

found myself. Once its adherents become sufficiently

brainwashed, Scientology does not permit them to believe in God,

labels and treats anyone who believes in God as "psychotic," and

enforces the satanic idea that God is an "implant," a false idea

installed by pain and electronics in man's mind to enslave him.

Scientology also teaches that Jesus Christ, the whole Gospel

story, and Heaven are implants designed to enslave man, and that

 

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only Scientology has the way to free mankind from this

enslavement.

     43. Scientology promotes to Christians and non- Christians

that it is compatible with Christianity, that it holds the Judeo-

Christian Bible as a holy work, and that it has no argument with

the belief that Jesus Christ was the Savior of Mankind and Son of

God. Scientology has distributed promotional materials

containing these representations to every member of Congress, to

libraries, to the media, to educators, to judges, and to people

of influence across this country. Scientology withholds from the

public its actual enforced beliefs about God, Christ, Heaven and

the Bible. I believe this is religious fraud, and dangerous to

everyone lured into Scientology, those already held by its

brainwashing system, and society itself. I also believe that

Scientology's "creed" is a religious fraud because Scientology,

under Hubbard's and Miscavige's control, has never acted in

accord with it. Scientology systematically abuses its members'

civil rights, and seeks to destroy the same civil rights of its

non-Scientologist "enemies."

     44. Scientology promotes actively and aggressively and uses

the public postal system, public forums and public media for its

promotions. Scientology is a public figure. It uses its

resources to affect legislation and to violate people's civil

rights. Its efforts to judicially and extra-judicially silence

and destroy me are clear examples. I believe that this is not a

legal purpose and not a purpose for which tax-exempt funds can

legally be used. I see that Scientology tricks and extorts huge

sums of money from people it lures into its system for something

of no value. This money will be used to pay lawyers to attack

 

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the same people and those who seek to bring to light or curtail

the abuse. I have proof that Scientology obtained its tax-exempt

status in 1993 by illegal means. I believe that the Internal

Revenue Service and the United States government agencies

responsible were derelict in their duties in granting such tax

exempt status.

     45. The documents attached hereto as Exhibits E, F and G

show Scientology's use of the "settlement agreement" to skew (and

skewer) justice. Exhibit [E] is a true and correct copy of a

declaration executed February 8, 1994 by organization leader

David Miscavige and filed in the case of Scientology v. Fishman

and Geertz, US District Court for the Central District of

California, Case No. CV 91-6426 HLH(Tx). Mr. Miscavige devotes a

paragraph to attacking and lying about me, although I had never

up to that time filed any statement in the Fishman case. (Ex. E,

31:22- 32:14) In response to this attack and to provide the truth

underlying Mr. Miscavige's false charges I filed in Fishman a

declaration executed February 22, 1994, a true and correct copy

of which, along with true and correct copies of the exhibits

thereto, is attached hereto as Exhibit [F]. Shortly thereafter

Scientology moved to seal certain documents in the Fishman court

file, one of which was my February 22 declaration. In response

and in opposition to this motion I wrote and filed a declaration

executed April 21, 1994, a true and correct copy of which,

without the exhibits thereto, is attached hereto as Exhibit [G].

Scientology sued me for these declarations, charging that they

were "breaches" of its "settlement agreement," and claiming

$50,000 liquidated damages for each. My "voluntary ssistance"

to defendants Fishman and Geertz by way of these declarations is

 
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referred to in the Thomas order at Ex. A, 4:8-11. Correcting of

the Miscavige lies and preventing my own words from being sealed

was impossible "involuntarily" because discovery was already

closed in the Fishman case. Even if discovery was still open,

there was not sufficient time to go through the ritual of being

served, opposing Scientology's motions to prevent the deposition

from going forward, combating Scientology's obstructionist

lawyers in deposition, and waiting for the deposition transcript.

In my opinion, Mr. Ward is in a similar position: even if he

could afford to pay a court reporter, there is not time enough to

obtain the needed testimony before it is needed. For this reason

alone I believe non-assistance "contracts" such as those

Scientology uses must be ruled illegal.

     46. That Scientology will move to block the depositions of

people who signed its "settlement agreements" is shown by

Scientology's "motion .. to delay or prevent the taking of

certain third party depositions," a true and correct copy of

which is attached hereto as Exhibit [H]. Scientology filed this

motion in the Corydon litigation after I was served in the case

with a deposition subpoena. The motion is based on a declaration

by Scientology attorney Lawrence Heller executed November 1,

1989, a true and correct copy of which is also attached hereto as

part of Exhibit H. In this declaration Mr. Heller states that

"The non-disclosure obligations were a key part of the settlement

agreements insisted upon by all parties involved." (Ex. H, 9:5-

7) Mr. Heller also states in the memorandum of points and

authorities: "One of the key ingredients to completeing these

settlements, insisted upon by all parties involved was strict

confidentiality respecting: ... any knowledge possessed by the

 

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Scientology entities concerning those staff members or

parishioners." (Ex. H, 4:9-14) Mr. Heller was of course lying,

because Scientology had by then disseminated mountains of post-

settlement black PR about me possessed by the organization. He

was also lying about the reciprocality of the non-disclosure

conditions because Scientology enforced its "settlement

agreement" with me on that basis of its being able to say

whatever it wanted about me but I must remain silent. Judge

Thomas's refusal to deal with or even acknowledge attorney

Heller's lies and Scientology's inconsistent statements

concerning reciprocality, even though these were carefully

pointed out to him in my papers filed in the cases before him, I

believe is an indicator of Scientology's corruption of the

judicial process.

     47. That Scientology will also subvert our courts' power to

prosecute "contempt" is shown in its "application for order to

show cause why Gerald Armstrong should not be held in contempt,"

filed December 31, 1992 in Armstrong II. A true and correct copy

of the application and Scientology's supporting documents is

attached hereto as Exhibit [I]. Scientology filed another

application for an OSC re contempt shortly after this one,

charging that my providing a declaration to Lawrence Wollersheim

in the case of Scientology v. Wollersheim, Los Angeles Superior

Court Case No. BC 074815, was a violation of its "injunction."

Scientology's charges were either misrepresentations of my

actions or completely manufactured. Ultimately Judge Diane Wayne

discharged all of Scientology's contempt charges in a ruling

dated July 28, 1994, a true and correct copy of which is attached

hereto as Exhibit [J]. I do not believe I will receive equally

 

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fair treatment from Judge Thomas, and I am at great risk of

Scientology being successful before him in its pressing to have

me jailed. I wrote a declaration in opposition to Scientology's

contempt charges, and the organization deemed that declaration

itself a violation of the "settlement agreement." I do not have

immediate access to that declaration, and many of my legal

papers, but I will be able to provide it and any other documents

in the near future if requested. The documents I am attaching as

exhibits to this declaration are a small fraction of the

materials I have which show Scientology's malevolent side and its

dedication to and employment of fair game.

     48. Attached hereto as Exhibit [K] is a true and correct copy

of an article from the Boston Globe dated November 24, 1979

concerning Scientology's fair gaming of writer Paulette Cooper,

and mentioning other organization intelligence ops.

     49. Attached hereto as Exhibit [L] is a true and correct copy

of a series of articles from the Oregonian dated from March 28,

1985 through May 24, 1985 covering the trial of Julie

Christofferson against Scientology in Portland, Oregon.

The April 5, 1985 article contains the statement concerning the

illegally obtained videotapes of me: "'I think they are

devastating, devastating against the church,' Multnomah Circuit

Judge Donald H. Londer said." The May 18, 1985 article announces

the jury's award of thirty-nine million dollars to Ms.

Christofferson.

     50. Attached hereto as Exhibit [M] is a true and correct copy

of an article from the Los Angeles Times announcing Judge

Londer's declaring a mistrial, a month after the jury rendered

its verdict.

 

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     51. Attached hereto as Exhibit [N] is a true and correct copy

of a series of articles from the Toronto Star and the Toronto Sun

dated from March 12, 1992 through April 30, 1992 covering a $1.6

million damage award to Crown Prosecutor Casey Hill whom

Scientology and its lawyers libeled, and the trial of Scientology

in Toronto, Canada for spying and theft.

     52. Attached hereto as Exhibit [O] is a true and correct copy

of an article from the Denver Post dated November 23, 1996

concerning the conviction of the head of Scientology in Lyon,

France for subjecting a man to "psychological torture" resulting

in his suicide.

     53. Attached hereto as Exhibit [P] is a true and correct copy

of an article from the San Francisco Chronicle dated December 26,

1996 concerning Germany's efforts to control Scientology's abuses

and Scientology's attack on Germany.

     54. These articles, which are but a small fraction of the

press around the world critical of Scientology, also support the

invalidation of the Scientology's "settlement agreements" and the

Thomas order. It is entirely wrong that anyone be denied

participation in a public controversy of this magnitude, a public

controversy concerning national sovereignty and national security

decisions.

      55. It is also wrong, and I believe constitutionally

impermissible, to deny anyone freedom of religion by "contract"

or court order. The Thomas order prohibits me from "discussing

... Scientology, the Church, and/or any of the Beneficiaries;"

(Ex. A, 8:14-16) If such a prohibition is legal concerning

Scientology, a parallel prohibition would be legal concerning,

for example, Christianity, God, and any religious experience of

 

 

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any kind. The idea that this country's courts can give a

"church" $50,000 in liquidated damages and send someone to jail

for his discussing God or Christ or the Holy Scriptures, is of

course absurd. Who but evil itself would hatch such an idea?

Scientology's "settlement agreement," its efforts to enforce, and

the Thomas order are no less absurd, and no less evil's idea.

Suppression of critics of a religion through judicial means is a

violation of the Constitution's "Establishment Clause," and the

Religious Freedom Restoration Act of 1993. Michael Flynn did not

have my permission to sell Scientology my freedom of religion

(nor any of the other personal freedoms I possessed and enjoyed

before the "settlement"), and even if I had given him such

permission he could not sell it. It cannot be sold. Scientology

couldn't buy it. It cannot be bought. Scientology claims it

purchased my freedom of religion, in fact claims that it paid me

eight hundred thousand dollars for it, but it could not have. If

it paid $800,000.00 for something it couldn't buy, receive or

possess it paid way too much. In reality, and I would think

happily for Scientology, it received from me the dismissal of my

cross-complaint, my accumulated evidence of its fraud and

criminality, and my sincere efforts to let there be peace. Thus

it got a terrific deal, and its whining that I wouldn't sell what

it couldn't buy is silly.

     56. Freedom of religion without freedom to discuss religion

and religious experience is impossible. Scientology insists that

the world accept that it is a religion. It asserts in its "bona

fides," indeed in the submissions upon which it was able to get

the US Government to give it tax-empt status, that it is

organized solely for religious purposes. The experiences of its

 

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members inside and in relationship to the organization, its

founder, its "scriptures," its practices and its other members

must therefore be religious experiences. In my opinion, as long

as Scientology maintains that it is a religion it cannot legally

prohibit, by judicial means in this country's courts, anyone from

discussing anything about it. In my opinion, since Scientology

insists on binding its members with "non-disclosure bonds" and

similar "contracts," and binding its former members or targeted

"enemies" with "settlement agreements" like Exhibit C hereto, it

cannot be a religion; i.e., it cannot have it both ways.

     57. In my opinion, the exposing or dissemination of

Scientology's "sacred scriptures," which is at issue in the Ward,

Henson and Erlich cases, as well as in the Lerma and Factnet

cases, is an analogous situation in which the same greater

principle of religious freedom applies. An entity which claims

to have secret writings, which people to see must pay and agree

to not discuss, cannot actually be a religion, because such a

policy on its face restricts or prohibits religious expression.

Such an entity can be a "secret-selling company," or some such,

in competition with other secret-selling companies, as long as it

does not try to claim that the secrets it sells are "religious"

secrets. Practically speaking, the only time this would become

an issue is if an entity claiming to be a religion attempted to

judicially prohibit the publication of its religious secrets or

judicially punish their publishers. Obviously people have the

normal secrets that normal people have, and people talk about

them and keep them or not, and so forth. A real religion would

have no reason to prevent the publication of its scriptures, and

it would possess no "secret scriptures." In my opinion, whoever

 

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has published Scientology's "secret scriptures" has in reality

only been engaging in religious expression. In my opinion this

kind of expression is an expected, logical response to

Scientology's efforts to corrupt the meaning of religion to

"sanctify" its antisocial and dangerous mind set and criminal

activities. It is expression which cannot legally be prohibited

or punished by judicial process.

     58. In my observation, Mr. Ward, Mr.Wollersheim, Mr.

Henson, Mr. Erlich, Mr. Lerma and Mr. Penny (hereinafter,

"WWHELP") are in general agreement that Scientology is not a

sincere, and hence real, religion but is a criminal cult engaged in

harmful practices. In my opinion, if WWHELP are correct in

their assessment, and if they did expose or publish Scientology's

secret documents, they were and are completely justified in

having done so. It goes without saying that criminal cults, or

any criminal enterprises for that matter, are against public

policy. It is certainly conceivable that writings which direct

criminal cult members to think a certain way and perform certain

acts in order to rise within the criminal cult's hierarchy, or

become more criminal, are also against public policy. In my

opinion a reasonable person who has been presented with the facts

about Scientology that each of the alleged publishers possessed

at the time the publications were made would have believed that

the prosecution of anyone pursuant to trade secret or copyright

law for the publication of such writings is itself against public

policy. Thus Scientology's actual nature is relevant to WWHELP's

defenses. If Scientology is a religion, then WWHELP are

justified in their religious expression. In my opinion, for

Scientology to now "become" a religion, among the other things it

 

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must do, it must cease its judicial persecution of anyone for his

religious expression, even if that be criticism, publication or

sworn testimony. Scientology must otherwise, in my opinion, be

seen as electing to remain a criminal cult, and must in these

matters have our courts' ears shut to it, in limine.

     59. This Court stated in its order dated January 6, 1997

filed in the Erlich case:

"The relevant inquiry is whether the documents for which

trade secret protection is sought are "'generally known' to

the relevant people -- the potential 'competitors' of the

Church." [site] Nevertheless, defendant has not established

the extent to which the specific processes and instructions

contained in the works are known generally or to potential

competitors.

"How to identify "potential competitors" is a difficult

question. However, members of the newsgroup "alt.religion.

scientology" might be considered as such." (Order, 21:10-14;n.17).

The identification of Scientology's "potential competitors" is

actually not a difficult question. In accordance with a long

line of US Supreme Court cases touching on religious matters, a

court's attempting to answer such a question would, however, be

impermissible. It is made "difficult" only because our courts do

not generally, aside from rare anomalies such as "natural

disasters," permit themselves to ascribe causation in human

affairs to God. The actions of Scientology, calling itself a

religion and prosecuting religious expression in secular courts,

now make answering this question in these courts possible and

permissible. In my opinion, Scientology's actual "competitors"

 

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are those whom God guides, those through whom He works to carry

out His purposes.

     60. In the "religious realm," God's working in the lives of

people, although, to those who understand it, infinitely more

wonderful than any other conceivable possibility, is simply

what's true, at least for someone. This nation's courts have

dealt with this truth by insisting that within the cases over

which they preside the truth or falsity of religious beliefs will

not be questioned; in this case, whether God indeed works in

people's lives, and specifically whether God's guidance resulted

in the exposing or publication of Scientology's "secret

scriptures."

     61. The guided come from any religion and from no religion.

They include those who seek God's guidance and those who don't

seek His guidance, and may not even know or care that it is

available. Some people may know they're called to do God's work,

and don't do it. Some may not know they're called but do His

work anyway. This is easily understandable because God has given

everyone a conscience and written His Laws on everyone's heart,

whether they know it or accept it or not. It is also easily

understandable that the guided would be Scientology's natural

"competitors" because Scientology has made a religion of

nonguidance; and religion is a realm in which God observably has

never let nonguidance triumph. Although man may attempt to keep

God out of his other realms, he cannot keep God out of religion,

because in this world it is His Realm.

     62. Scientology does not acknowledge God's guidance, in

fact teaches, despite its public relations to the contrary, that

God does not exist. In his bulletin dated May 11, 1963 entitled

 

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"Routine 3 Heaven," a true and correct copy of which is attached

hereto as Exhibit [Q], L. Ron Hubbard writes that Heaven, God and

Christ are "implants," electronic mechanisms to entrap and

enslave mankind. These "religious" assertions are of course

blasphemous. He writes moreover about the scientific nature of

this "knowledge:"

"This HCO Bulletin is based on over a thousand hours

of research auditing, analyzing the facsimiles of the

reactive mind, and with the help of a Mark V

Electrometer. It is scientific research and is not in

any way based upon the mere opinion of the researcher.

This HCO Bulletin is not the result of the belief

or beliefs of anyone. Scientology data reflects long,

arduous and painstaking research over a period of some

thirty years into the nature of Man, the mind, the

human spirit and its relationship to the physical

universe. The data and phenomena discovered in

Scientology is common to all minds and all men and can

be demonstrated on anyone. Truth does not require

belief to be true any more than water requires anyone's

permission to run downhill. The data is itself and can

be duplicated by any honest researcher or

practitioner." (Ex. Q, at p. 4)

"Routine 3 Heaven" is considered by Scientology as part of its

"confidential Church scriptures which are protected trade

secrets." I possessed this bulletin inside the organization,

legally possess it now, and know personally at least a dozen

other people who now possess it.

     63. In his bulletin dated September 23, 1968 entitled

 

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"Resistive Cases Former Therapy," a true and correct copy of

which is attached hereto as Exhibit [R], Mr. Hubbard writes that

"the Christian Churches [ ] uses implanting." He calls them

"gangsters" who "invented Christ (who comes from the crucifixion

in R6 75m years ago)(Hubbard's parens.) and implanted their way

to "power"." (Ex. R. at p. 2). This is also one of Scientology's

"secret scriptures," which I and many other people legally

possess. It, like the rest of the organization's "secret

scriptures," is an attack on Christianity, and blasphemous.

     64. Scientology has its salvation "plan, " its goal to

"clear the planet." It charges, even extorts, terrible sums of

money, and lies to, cheats and bullies its adherents and targeted

opposition. Its guiding principle is fair game, its doctrine of

opportunistic hatred, pursuant to which it uses the law to harass

its targets. God's plan on the other hand is free to everyone.

He guides people to tell the truth and cheat and bully no one,

but stand up to cheats and bullies, and stand up for their

targets. Scientology's leaders and God and His guided are

"competitors" for human souls. Scientology seeks to enslave

souls, while God seeks only their freedom. Other enslavers of

the soul work through other cons appealing to greed, lust, fear,

evil and the like. They all lie. No one is guided by God to

bind human souls with "contracts" or threats which limit their

expression. No one is guided by God to hate, cheat or bully, or

to use the law to harass. God's guidance is wisdom.

Scientology's guidance is stupidity; hence dangerous. The

exposing of dangerous cults masquerading as religions, and other

enslavers, is a Biblically-blessed work of the guided. Bringing

Scientology's actual nature, a facet of which is reflected in its

 

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"secret scriptures," to light has arisen at this time because of

a certain imminence. The global nature of Scientology's threat

to religion, and its menace to the minds of God's children at

this time are observable factors. It is altogether

understandable that God would reach out through those who are

available for His work in the realm of religion. WWHELP have

played God-given rolls in bringing Scientology's fraud and

dangers to light, and they are a part of those God guides to such

religious expression. Some people testify, some picket, some

encourage, some pray, some post their stories to ars. These very

cool spirits may or may not believe, sense or know they are

guided by God. One might think Christians would be the people

most willing to speak out about Scientology and expose its

"secret scriptures," because in the realm of religion the

organization theologically is antichristian. I have no reason to

believe that any of WWHELP consider themselves Christians.

WWHELP in fact may have thought they exposed Scientology's

"secret scriptures," if they indeed did, for other reasons; e.g.,

that they showed it to be a criminal cult; that they are evidence

of practicing medicine without a license; that the exposure might

save someone from paying the criminal cult three hundred sixty

thousand dollars to get to see them. In my opinion, they have done

God's work. Supporting that opinion is that fact that they

published whatever they did without any intent to gain monetarily

thereby. A prophet brings God's message to His children, and

cannot be silenced by our courts, even if he is a Prophet to

Scientologists.

     65. Scientology claims to be prosecuting WWHELP for

allegedly publishing its "secret scriptures," which includes the

 

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"OT materials," and the "NOTS materials." To accomplish its

raids and bring and maintain its lawsuits the organization has

asserted that the OT and NOTS materials had been kept secret, and

were not generally known except by its own adherents. This is

false. I have possessed a copy of the OT materials for many

years, and I know others who possessed these materials long

before any of the internet publications. During the Armstrong I

litigation I possessed a copy of the complete set of NOTS

materials, and I know several other people who possessed them

long before any were published on the internet. At the time of

the Armstrong I "settlement" I delivered my copy of the NOTS

materials to the Scientology organization. This copy should be

available to WWHELP through discovery in their cases. In my

opinion, Scientology's leaders have not brought these cases to

protect the "secret scriptures," because they are not secret, but

have used the law of trade secret and copyrights as an

opportunity to harass available "targets," and thus send a brutal

message to intimidate anyone whom God might call to stand up and

speak free.

     66. Each of the WWHELP cases is being prosecuted by

Scientology entity RTC, which claims to own the "religion's"

marks, trade secrets and copyrighted materials. RTC, operated by

David Miscavige, is able to "legally" control the " religion, " its

operations, personnel, communication lines, finances, lawyers and

agents because of this claimed ownership. In my opinion RTC did

not obtain this claimed ownership by legal means, and now

maintains such illegally ownership to the detriment of the

practitioners of the "religion" and society at large. It is my

understanding that David Miscavige notarized the signature of L.

 

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Ron Hubbard near the time of his alleged death in 1986 on a

document which transferred Mr. Hubbard's ownership of certain

rights and/or marks from himself to RTC. While on board the

"Apollo" during 1972 through 1974 I was required on a number of

occasions to have Mr. Hubbard's signature notarized on various

documents. There were a couple of notaries in Portugal I got to

know who would verify the signature by comparison with a

signature in their signature book. There were times when I took

documents to these notaries which were not signed by Mr. Hubbard,

but by Joyce Popham, who could sign his signature extremely well.

Two of the documents signed by Ms. Popham were for the

registration of the marks "Dianetics" and"Scientology." The

forging of signatures or obtaining false notarizations is not

unreasonable in Scientology affairs. There is as well the more

serious question of Mr. Hubbard's actually not owing or

possessing the rights RTC says it acquired from him.

     67. Attached hereto as Exhibit [S] is a true and correct copy

of three documents I received in late November, 1996 from Craig

Branch of the Watchman Fellowship, a Christian research and

apologetics organization and publisher. The first document is an

undated letter to me from Mr. Branch. The second is a letter

dated October 21, 1996 from Cathy Norman of Scientology's Office

of Special Affairs in Austin, Texas. The third document is black

PR on me in the form of a standard "DA document." It repeats the

same lies David Miscavige put in his declaration (Ex. E). See,

e.g., Ex. S, DA Doc, at p. 4 where Scientology asserts that "the

Church obtained permission from the Los Angeles Police Department

to conduct undercover surveillance of Armstrong, and compare with

Ex. F, and the attached public announcement of then LAPD Chief

 

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Daryl Gates. According to Scientology I cannot respond to

correct the lies in this latest example of Scientology's black PR

to reach me, in this case sent to a prominent person in the

Christian community. Scientology is attempting with this sort of

attack, coupled with its "non-disclosure" contracts and orders,

its glossy PR, legal triumphs, etc. to rewrite history. I

believe Scientology's efforts to rewrite history are dangerous,

and my silence only abets the threat. In my opinion, Scientology

can never rewrite history, and it is well advised to give up the

effort and instead through honest change become the honest

organization it now tries dishonestly to get the world to believe

it is.

    68. On January 23, 1997 I received in the mail from Grady

Ward a subpoena, a true and correct copy of which is attached

hereto as Exhibit [T], for production of documents in his case.

     69. On January 24 I received from attorney Andrew H. Wilson

a fax letter, a true and correct copy of which is attached hereto

as Exhibit [U], threatening prosecution in Armstrong IV if I

provide documents to Mr. Ward pursuant to his subpoena. This

letter is frightening to me, and supports why I am sending this

declaration directly to the Court, and why the "settlement

agreement" and the Thomas order are illegal. Mr. Ward does not

have the time to wait for my testimony until Scientology's motion

for protective order is heard before he must file this testimony.

In my opinion, that is precisely why Mr. Wilson has sent his

threat letter. Scientology already enjoys a terribly uneven

playing field in its cases against WWHELP, especially against Mr.

Ward and Mr. Henson, who are proceeding unfinanced and undefended

by lawyers. We're kindred souls. Scientology spends millions on

 

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lawyers and more millions on private investigators. Its history

of attacks on judges and efforts to compromise judges was known

to me inside the organization, and I have learned more about this

evil since leaving. Scientology's personnel are trained to lie,

and its lawyers paid to lie. It has a policy and history of

destruction of evidence (See, e.g., Ex. D). It seizes every

advantage our country's laws confer on religions and does not

perform its responsibilities as a religion. It keeps witnesses

with material evidence bound and intimidated by illegal "non-

assistance" contracts and other threats. Other people who have

testimony regarding Scientology's nature, structure, history,

"scriptures," and practices, who I know or have been so informed,

to also be bound by Scientology's "contracts," include, at least:

Laurel Sullivan, William Franks, Howard Schomer, Martin Samuels,

Michael Flynn, Esq., Julia Dragojevic, Esq., Garry P. McMurry,

Esq., Gabe Cazares, Bent Corydon, Michael Douglas, Kima Douglas,

Nancy Dincalci, Edward Walters, Julie Christofferson, Nancy

McLean, John McLean, Warren Friske, Robert Dardano, Tonja Burden,

Margery Wakefield, Paulette Cooper, David Mayo. In my opinion,

Scientology steps so brazenly into court and sues so wantonly

because it believes it has so many people bound to silence that

it can lie with impunity.

     70. Mr. Ward, and indeed all of WWHELP, should be able to

freely obtain the testimony of anyone willing to testify on their

behalf, or by subpoena anyone unwilling. They should be able to

obtain the assistance of any expert witness they believe can

help. Because Scientology has so distorted the floor of the

legal arena I am moved to seek guidance in how to help. No

person, seeking and knowing God's guidance, would not help. I

 

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have a personal interest in the outcome of all of Scientology's

cases, because an outcome favorable to the organization will be

used to attack me and my friends.

     71. If it is within this Court's power, and I believe it

is, I ask that it issue an order prohibiting Scientology from

interfering with Mr. Ward's, Mr. Henson's and Mr. Erlich's

witnesses, including me, and an order to Scientology to release

me from its "contract" and the Thomas order so that I am free to

assist these defendants in their cases.

    I declare under the penalty of perjury under the laws of the

State of California that the foregoing is true and correct.

    Executed at San Anselmo, California, on January 26, 1997

[signed]    
GERALD ARMSTRONG    

 


 

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Image of signature page

   
     

Exhibit [A]
Injunction

Exhibit [B]
Judgment

Exhibit [C]
Mutual Release of All Claims and Settlement Agreement

Exhibit [D]
Breckenridge Decision | .pdf

Exhibit [E]
David Miscavige Declaration 02-08- 1994

Exhibit [F]
Armstrong Declaration 02-22-1994

Exhibit [G]
Armstrong Declaration 04-21-1994

Exhibit [H]
Notice of Motion and Motion of Defendant Author Services, Inc. to Delay or Prevent the Taking of Third Party Depositions by Plaintiff (Corydon)

Exhibit [I]
Application for OSC re Contempt 12-31-1992

Exhibit [J]
Judge Diane Wayne Ruling 07-28-1994

Exhibit [K]
Article from the Boston Globe 11-24-1979

Exhibit [L]
Series of articles from The Oregonian 03-28-1985 through 05-24-1985

Exhibit [M]
Los Angeles Times article re: Judge Londer's declares mistrial in Christofferson

Exhibit [N]
Series of articles from Toronto Star and the Toronto Sun 03-12-1992 through 04- 30-1992 re $1.6 million damage award to Crown Prosector Casey Hill

Exhibit [O]
Denver Post article 11-23-1996 re: conviction of the head of Scientology in Lyon, France

Exhibit [P]
San Francisco Chronicle article 12-26-1996 re: Germany's efforts to control Scientology's abuses

Exhibit [Q]
HCO Bulletin 11 May, 1963 ROUTINE 3 HEAVEN © 1963 L. Ron Hubbard [Excerpt]

Exhibit [R]
HCO Bulletin 23 September 1968 RESISTIVE CASES FORMER THERAPY © 1968 L. Ron Hubbard

Exhibit [S]
Three documents received November 1996 from Craig Branch:
1) Undated letter to Armstrong from Mr. Branch.
2) Letter 10-21-1996 from Cathy Norman, OSA Austin, TX.
3) Black PR "DA document"

Exhibit [T]
Subpoena from Grady Ward rec'd 01-23-1997

Exhibit [U]
Wilson Letter 01-24-1997

   

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