I, Gerald Armstrong, declare:

1. I am the appellant in this appeal and the defendant in the underlying Marin Superior Court action. I have personal knowledge of the facts set forth in this declaration and could competently testify thereto if called as a witness. I am making this declaration in support of an opposition to plaintiff and respondent Scientology's motion to dismiss the appeal and in support of a cross motion to stay enforcement of the judgment during the pendency of the appeal.

2. Scientology moves this Court to dismiss my appeal from the judgment it obtained against me and its permanent injunction filed October 17, 1995 (Exhibit C to Declaration of Andrew H. Wilson ("Wilson Dec") in support of Motion) on the ground that I have "been held to be in ongoing contempt of the very court order from which [I] seek[] to appeal, that [I am] a fugitive from that court order, and that a bench warrant has been issued by the Superior Court for [my] arrest pursuant to the order of contempt." (Motion, p1) Scientology's motion, memorandum of points and authorities and Mr. Wilson's declaration contain falsehoods.

3. Scientology states:

"Armstrong has willfully disobeyed the injunctive order from which he appeals and has been held in contempt for that disobedience." (Scientology's Memorandum of Points and Authorities ("Scn Memo"), p1)

This is false.

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

1

appended hereto as Exhibit [1], states:

"ARMSTRONG willfully disobeyed the [October 17, 1995 Permanent Injunction] Order. On or about January 26, 1997, ARMSTRONG sent a document entitled DECLARATION OF GERALD ARMSTRONG to United States District Judge Ronald M. Whyte. Judge Whyte was at the time presiding over three cases in which plaintiff is [Scientology alter ego entity Religious Technology Center, Inc.] RTC. In the Declaration ARMSTRONG recites his understanding that he was prohibited from sending such a Declaration directly to litigants and states that he is instead sending it directly to Judge Whyte in the hopes of influencing his decision on a pending matter. This evidences ARMSTRONG'S disobedience of the Order and Judgment." (Ex. 1, 3:1-10)

5. Nowhere in the subject January 26, 1997 declaration, a true and correct copy of which is appended hereto as Exhibit [2], do I make the statements Scientology has included in its Order which Judge Thomas signed. I state in the January 26, 1997 declaration:

"This [October 17, 1995 Permanent Injunction] order does not, however, prohibit me from voluntarily assisting a person judging litigations involving the order's "beneficiaries." I believe that the United States District Court is a "governmental organ or entity" excluded from the prohibitions of the order. [Wilson Dec, Ex. C, 8:1,2,6,7] I am therefore providing the original of this declaration to the Court."

2

6. The Injunction specifically permits me to "[v]oluntarily assist[] any [ ] governmental organ or entity [ ] regarding [Scientology, its claims and claims against it]." (Wilson Dec, Ex. C, 7:4-7; 8:1-7). My reasoning for the legality of my sending the declaration to Judge Whyte is that if the Marin Superior Court's Order prohibits me from "voluntarily assisting," or freely communicating to, governmental organs or entities about Scientology, I would not be permitted to report, e.g., murder. Such an interpretation must create a terrible illegality and a public wrong. Scientology is widely known as a dangerous and criminal cult, and I believe everyone, for individual and the common safety, must be free to communicate its dangers and criminality.

7. My January 26, 1997 declaration was the reporting of another crime by Scientology, namely obstruction of justice through its attempt to intimidate me, a subpoenaed witness, into not obeying the subpoena. I believe that it was completely legal, probably a civic duty, and certainly not prohibited by the Permanent Injunction, to bring the obstruction of justice, and the facts underlying and surrounding it, to the attention of Judge Whyte who presided over the case in which the obstruction of justice occurred.

8. On January 23, 1997 I received a subpoena, a true and correct copy of which is appended hereto as Exhibit [3], from Grady Ward in the case of RTC v. Ward, US District Court for the Northern District of California, case no. C-96-20207 RMW. Mr.Ward's subpoena states:

"You are commanded to produce and permit inspection and copying of the following documents or objects [ ]:

3

All documents and declarations authored by yourself documenting abuse, fraud, and unlawful acts by the Church of Scientology Enterprise or any of its investigators, such as Eugene Martin Ingram." (Ex. 3)

See also Ex. 2 hereto, 43:13-15. In response to Mr. Ward's subpoena I produced my January 26, 1997 declaration and the exhibits thereto.(Ex. 2)

9. On January 24, 1997 I received by fax a letter, a true and correct copy of which is appended hereto as Exhibit [4], from Scientology attorney Andrew H. Wilson, threatening prosecution in the Superior Court if I provide the documents to Mr. Ward as subpoenaed. Mr. Wilson's statement in the second paragraph that my "obligation to produce documents in response to lawfully issued and served subpoena is unquestioned" I took to be an effort to give plausible deniability to the threat and the clear obstruction of justice contained in the rest of the letter. I understood Mr. Wilson to be saying for Scientology, "We know you have a legal right to produce the subpoenaed documents, but we're going to prosecute you anyway." See also Ex. 2 hereto, 43:16-22. In response to Mr. Wilson's threat I sent the declaration I had been ordered to produce by Mr. Ward to Judge Whyte, who, I believed, and still believe, is the proper person to be advised of and curtail Scientology's interference with a witness in the cases before him.

10. Mr. Ward's subpoena to me commanding the production of declarations and other documents concerning Scientology private investigator Ingram was relevant because Mr. Ingram had orchestrated or participated in a number of crimes or intelligence operations against me; e.g., threatening to put a

4

bullet between my eyes; illegally videotaping me; attempted entrapment; worldwide character assassination, which Scientology calls "black propaganda" or "black PR;" and harassment of my friends. He had also orchestrated or participated in a number of crimes or intelligence operations against my attorney Michael Flynn; e.g., framing him with forgery of a $2,000,000 check; and my attorney Ford Greene; e.g., planting a spy in his office to copy and/or steal his files; filing false bar complaints; harassing his friends. I understand that Mr. Ward was also the target of crimes or intelligence ops orchestrated or participated in by Mr. Ingram, and that Mr. Ward was seeking information in order to have Scientology and Ingram desist in such crimes or ops.

11. The Order of Contempt signed by Judge Thomas states:

The injunction "prohibited ARMSTRONG from voluntarily assisting any person arbitrating or litigating adversely to the Beneficiaries and also prohibited ARMSTRONG from facilitating in any manner the creation, publication, broadcast, writing, electronic recording or reproduction of various documentary works. There is no suggestion, and certainly no showing by ARMSTRONG, that he is incapable of complying with the Order." (Ex. 1, 2:20-26)

This is untrue for three reasons. I was subpoenaed and did not "voluntarily" produce the documents I produced. I was reporting the criminal offense of obstruction of justice. I was doing what every citizen should do: oppose injustice. I have stated over and over, since 1990, and remain even more convinced today, that it is wrong, illegal and dangerous for any entity, but

5

particularly an organization such as Scientology, to be able to say whatever it wants about anyone, including me, and the target of those statements, including me, be unable to respond; and further, if he does respond, to be subject to fines and imprisonment. To not respond, then, is, because of that wrong, illegality and danger, for moral, ethical, legal and religious reasons, no matter what penalty injustice may impose, for me, impossible.

12. Although it is correct to say that Judge Thomas signed Scientology's document which states that I willfully disobeyed the Order, it is false to say that I have willfully disobeyed the injunctive order from which I appeal and have been held in contempt for that disobedience." I was permitted by the Order to send Judge Whyte the declaration, and I had been subpoenaed.

13. Scientology states:

"Rather than discharging the contempt order of the Superior Court, or properly noticing a timely appeal from it, Armstrong fled the United States....The appeal should therefore be dismissed." (Scn Memo. p.1)

This is false.

14. I left the United States in February, 1997. Scientology obtained its contempt order in June. (Ex. 1 hereto)

15. Mr. Wilson states:

"Accordingly CSI moved for an Order to Show Cause why Armstrong should not be held in contempt of court for [sending the declaration to Judge Whyte]. Rather than responding to the OSC Armstrong fled the country...

Armstrong's flight required that we serve the Order to Show Cause by publication." (Wilson Dec, p6, ¶11)

6

This is false.

16. Accepting Mr. Wilson's own representation, he called my former residence in San Anselmo, California to give notice of his ex parte application for the OSC on February 14, 1997. (See Wilson letter, Ex. 11 hereto) I had left that residence on January 28, 1997 and was already in Canada on February 11. Appended hereto as Exhibit [5] is a true and correct copy of my boarding pass from that date.

17. I left the US, not because of Scientology's OSC or its contempt order, but because of this organization's unceasing threats and attacks and my need to be in a position to oppose those threats and attacks, for my own safety and for the safety of countless other people attacked and victimized by the organization.

18. I have been for many years and am now the target of Scientology's notorious "Fair Game" policy concocted and named by organization founder L. Ron Hubbard, which states in one of its forms that "enemies" may be tricked, cheated, lied to, stolen from and destroyed without discipline to the perpetrator. In another form, which along with the above description is used and defended by Scientology as "scripture," Hubbard writes:

"The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause his professional decease. If possible, of course, ruin him utterly."

These are widely known writings, and Scientology does not deny their authenticity. I can provide these and other policies providing instruction on the Scientology organization's

7

aggressive and dangerous nature and activities if this Court so desires. On information and belief, many judges in this state, and probably across the United States, have an awareness already of Scientology's use of the law for impermissible purposes.

19. I have been assaulted, spied on, run into bodily with a car, threatened with murder, illegally videotaped, and harassed in many other ways by agents of Scientology. Organization agents have stolen legal documents and art from me, sued me five times, filed countless false sworn statements about me, attempted to involve me in a freeway accident, and attempted at least thirteen times to have me jailed on false charges. The organization has carried out fair game campaigns against my attorneys Michael Flynn and Ford Greene. It has carried out an international campaign to destroy my credibility and reputation pursuant to its policy and practice of black PR, which is another form and facet of fair game.

20. Scientology obtained my signature on its "settlement agreement," the judicial enforcement of which led to the Judgment from which I am appealing, by fraud, duress and the compromise of my attorney Michael Flynn through a concerted campaign subjecting him to years of fair game. I have provided a wealth of evidence concerning the circumstances at the time of the 1986 "settlement" and this fraud, duress and attorney compromise in the record on appeal, and cited to that evidence in my opening brief, a true and correct copy of the relevant pages from which is appended hereto as Exhibit [6].

21. Scientology brought me back into its conflict and brought me to speak out against its tortious and criminal practices because of its black PRing and threatening me after the

8

"settlement." I have provided in the record on appeal evidence concerning Scientology's attacks and threats following the "settlement" and before I responded, and cited to that evidence in my opening brief, a true and correct copy of the relevant pages from which is appended hereto as Exhibit [7].

22. Scientology continued to fair game me after it commenced its judicial enforcement of the "settlement agreement." I have provided in the record on appeal evidence concerning Scientology's attacks and threats during that period up to its obtaining the judgment from which this appeal is taken, and cited to that evidence in my opening brief, a true and correct copy of the relevant pages from which is appended hereto as Exhibit [8].

23. Following its obtaining the "permanent injunction" and "judgment" against me, Scientology has continued up to the present to fair game, black PR and threaten me. It is these attacks and threats, all generated by the Scientology organization, which brought me to leave California and go to Canada where for a period of time I would be able to counter the threats and attacks.

24. Appended hereto as Exhibit [9]is a true and correct copy of two documents I received in late November, 1996 from Craig Branch of the Watchman Fellowship, a Christian research and apologetics organization and publisher. The first is a letter dated October 21, 1996 from Cathy Norman of Scientology's Office of Special Affairs ("OSA") in Austin, Texas. OSA is the internal branch of the Scientology enterprise which carries out its legal and extra-legal attacks on the organization's targeted "enemies." The second document is black PR on me given a date of May 10, 1993 generated by OSA in its central office, directed by David

9

Miscavige, who holds other designations such as "leader,""Chairman," "ecclesiastical head" and "DM," and who is personally, just as Hubbard was before him, responsible for his organization's black PR and all its fair game. The 1993 black PR is factually false and presents a false and degrading picture of me. It is similar to a mountain of black PR Scientology disseminated about me prior to the "injunction." Ms. Norman states in her letter that she also provided the black PR document to one James Walker, of the Texas branch of Watchman Fellowship.

25. Appended hereto as Exhibit [10] is a true and correct copy of a letter dated February 12, 1997 from my attorney George W. Abbott to Ms. Norman, David Miscavige, and corporate entities RTC and CSI, the latter being plaintiff and respondent herein. In his letter on my behalf Mr. Abbott demands a retraction and payment of damages. Mr. Abbott also states:

"I have advised Mr. Armstrong that he is free to communicate orally, in writing or by any other legal medium available to him to fully correct the lies and distortions in your letter and dead agent document. I have advised him that he is free to communicate to anyone he believes may have been or may be exposed to this black PR, and that he is free to explain why Scientology and its leaders have created and distributed these documents.

I have further advised Mr. Armstrong that Scientology cannot legally prevent him from correcting this libel with threatened enforcement of your organization's "settlement agreement" of December, 1986. Each moment you and your seniors prevent him

10

from telling the truth to whomever he chooses in rejection of your documents' attack on his character you are increasing his damages." (Ex.10, p2,3)

26. Appended hereto as Exhibit [11] is a true and correct copy of a letter dated February 25, 1997 from attorney Wilson to Mr. Abbott refusing to retract the libel and rejecting the demand. In his letter, Mr. Wilson states:

"[Armstrong] is [not] free to communicate orally, in writing or by any other legal means available to him to fully correct... alleged lies and distortions." (Ex. 11, p1, ¶3)

27. Instead of responding responsibly to the presentation of serious charges of a personal and defamatory attack on me, Mr. Wilson forwards Scientology's black PR attack:

"It is apparent to me that you and Mr. Armstrong are colluding to create a defense to a charge of contempt against Mr. Armstrong, as evidenced by your statement that you have advised Mr. Armstrong that he is free to communicate with anyone to correct lies which have been told about him. Before you provide Mr. Armstrong with such a purported "advice of counsel" defense, you should carefully consider whether you have a reasonable basis for such advice, whether you are subjecting yourself to liability for your uninformed advice or, even worse, for your collusion with Armstrong to avoid the Court's directive, and whether you are ultimately willing to be yet another victim of Mr. Armstrong's pathology." (Ex. 11, p2, ¶4)

28. Mr. Wilson also states:

11

"Mr. Armstrong will never be able to prove defamation. I have reviewed the documents which you allege are defamatory and am unable to find any statement concerning Mr. Armstrong, much less one which is defamatory." (Ex. 11, p1, ¶4)

Mr. Wilson is forwarding a lie. The name "Armstrong," referring to me, occurs in the 1993 document 83 times, and each of its 8 pages and 27 paragraphs concerns me personally.

29. In January this year I came across the internet site of a Maureen Garde which contained part of Scientology's IRS Form 1023 responses to questions asked of the organization by the IRS when dealing with its application for tax exemption. I discovered a section in the webbed 1023 submission, which Scientology had filed in 1991 or 1992, containing the same sort of black PR on me as is contained in other black PR the organization has published about me. A true and correct copy of part of the 1023 submission, which I downloaded off the internet and printed, is appended hereto as Exhibit [12]. Scientology's statements about me and my earlier litigation, Los Angeles Superior Court Case No. C 420153, are in fact and conclusion false. The decision of Judge Paul G. Breckenridge, Jr. in that case was affirmed on appeal, Scientology v. Armstrong,(1991), 232 Cal.App.3rd 1060, 283 Cal.Rptr. 917. Scientology was granted tax exemption by the IRS in 1993 on the basis of this false submission. Scientology submitted these false statements to the IRS during a time the organization was attempting to judicially and extrajudicially silence me and thus prevent me from responding to its falsehoods. The importance of my earlier litigation and testimony to the IRS in its denial of

12

Scientology's tax exemption is shown by Scientology's statements in the 1023 response:

"the Service has continuously thrust the Armstrong case at us, demanding an explanation." (Ex.12, p1) "The IRS CID, however, absorbed Breckenridge's findings as the definitive statement of what Scientology is, and used this decision and the Flynn witnesses who testified at the trial as the nucleus of their investigation." (Ex. 12, p4)

30. The depth of Scientology's black PRing of me in its submission to the IRS is shown by its statement:

"As we shall demonstrate below, all this decision ever involved was Armstrong's state of mind, which subsequently obtained evidence proved conclusively to be one sordid, sado-masochistic nightmare. Furthermore, Armstrong's state of mind horror stories have fallen on deaf ears in recent litigation. Relying on Armstrong or the Armstrong decision is wholly unjustified." (Ex. 12, p1)

31. On information and belief, Scientology makes this 1023 submission publicly available at all of its branches. This document continues to be available on the internet for the whole world to see at http://superlink.net/user/mgarde/irs1023.htm.

32. I believe that Scientology will do anything to silence me completely and forever. I also believe that Scientology's false submission to the IRS and its obtaining of its tax exemption based thereon constitutes a massive fraud upon the people of not only the US but the world. I therefore had to leave the US, where Scientology could prevent me from correcting

13

this fraud, and have me harmed in many ways to so prevent me, to be in a country where I have legal protection from Scientology's abuse of the justice system and where I could work to correct its fraud.

33. Although Scientology possessed both the 1993 black PR sent to Watchman Fellowship principals Branch and Walker and the IRS form 1023 black PR on me during the discovery phase of this case in the Court below, and although both documents were of a type and nature of document Scientology was ordered to produce to me during discovery, Scientology did not produce these documents.

34. While I was in Germany in October this year, at the invitation of a Christian group who also paid my expenses, to discuss, inter alia, Scientology's obtaining its IRS tax exemption by fraud and its "religious" persecution of innocent people, Scientology agents passed out copies of a black PR document on me, a copy of which, along with an English translation, is appended hereto as Exhibit [13]. This black PR is based on false statements about me attributed to Scientology attorney Elliot Abelson who has his office in Los Angeles, California. On information and belief, this black PR document was also provided by Scientology to German media persons, and at least one newspaper used the information contained in the document in a published article.

35. Approximately three months ago I was advised by a Canadian radio journalist in Edmonton, Alberta that Scientology OSA agent Yvette Shank provided her with a pack of documents concerning me, which, on information and belief, is black PR.

36. Approximately two months ago I was contacted by a British television journalist and advised that Scientology

14

director and OSA agent Lynn Farny provided British Television Channel 4 with a letter and a pack of documents concerning me, which, on information and belief, is black PR.

37. Over the past two years I have also been the target of a number of black PR attacks by Scientology agents on the internet newsgroup alt.religion.scientology, ("ARS"), and on various Scientology internet sites.

38. Appended hereto as Exhibit [14] is a true and correct copy of a complaint for defamation and intentional infliction of emotional distress, Gerald Armstrong v. David Miscavige, et al., US District Court, District of Nevada, Case No. CV-N-00670-ECR (RAM), filed November 24, 1997. This lawsuit flows from David Miscavige and his Scientology organization's manufacture and dissemination of the black PR publications forming Exhibit [9] hereto, received by me in November, 1996.

39. Appended hereto as Exhibit [15] is a true and correct copy of my letter of March 6, 1997 to David Miscavige requesting a meeting with him in order to correct the falsehoods in his organization's 1023 submission and hopefully bring about other reforms in Scientology, and laying out a program I intend to follow if he refused to meet and correct the record.

40. Appended hereto as Exhibit [16]is a true and correct copy of two letters dated March 25, 1997 and May 5, 1997 to Mr. Miscavige from George Abbott. The March 25 letter accompanied my March 6 letter to Mr. Miscavige. These two letters were refused by Mr. Miscavige and RTC and returned by the postal service. The May 5 letter was faxed to Mr. Miscavige at RTC, along with the March 6 and March 25 letters.

41. Appended hereto as Exhibit [17] is a true and correct

15

copy of a letter dated May 8, 1997 to Mr. Abbott from attorney Andrew Wilson, who rejects on behalf of Mr. Miscavige my proposal to meet and correct Scientology's falsehoods.

42. Appended hereto as Exhibit [18] is a true and correct copy of a letter dated November 27, 1997 from Mr. Wilson to me received by me December 1, stating:

"I write to apprise you that I shall appear December 2 at 9:30 a.m. before the Hon. Gary Thomas in Courtroom H of the Marin County Superior Court to seek an order to show cause re contempt arising out of your recent actions in creating and publishing certain documentary works over the internet, in granting interviews to various English and German media and other actions taken by you while in Germany." (Ex. 18)

43. Later on December 1 I posted to ARS a message, a true and correct copy of which is appended hereto as Exhibit [19], in which I stated that "I can't make the 0930 appearance."

44. On December 4, a Scientology process server attempted to serve me in the office of Mr. Abbott, who represents me in the Armstrong v. Miscavige, US District Court case, supra (Ex.14), with what I understand to be an OSC issued by the Marin Superior Court. I advised the process server, who spoke with me by phone from Mr. Abbott's office that I would be in Mr. Abbott's office within two weeks and would at that time accept service of whatever she had.

45. Also on December 4 I posted to ARS a message, a true and correct copy of which is appended hereto as Exhibit [20], specifically directed to the Scientology organization, in which I stated:

16

"I explained to [the process server/agent] that I expect to be in Mr. Abbott's office within two weeks, and that when I know that I will be there I will call her number and she can come by to serve me." (Ex. 20)

I also stated in the December 4 post:

"If I don't show up within 2 weeks, and don't accept service of your papers in Mr. Abbott's office within 2 weeks, you can go wherever you want to serve me." (Ex. 20)

46. On December 5 I also called Mr. Wilson's office and left a voice mail message, providing generally the same information as in my December 4 post, and advising Mr. Wilson specifically that I expected to be in Mr. Abbott's office within two weeks and would accept service at that time of whatever the Scientology organization wanted to serve on me. I am at this time in the process of moving to my new residence in Nevada.

47. Appended hereto as Exhibit [21] is a true and correct copy of my letter of October 18, 1997 to the [Congressional] Commission on Security and Cooperation in Europe regarding "Religious Intolerance in Europe: the Scientology connection." This letter discusses my Scientology experiences and knowledge and criticizes Scientology's abuse of people and abuse of the justice system, including abuse in the matters before this Court. In addition to mailing the letter to the CSCE, I posted it to ARS and have provided it to many people for further free distribution.

48. Appended hereto as Exhibit [22] is a true and correct copy, as downloaded from US Government documents internet site http://thomas.loc.gov/r105/r105d09no7.html, of the November 9,

17

1997 Congressional Record concerning H. Con. Res. 22, a proposed resolution to condemn Germany for its government's actions and policies regarding the Scientology's organization.

49. Appended hereto as Exhibit [23] is a true and correct copy of a letter delivered by me on December 5, 1997 to the United States Consulate General in Vancouver, B.C., Canada, and to the Vancouver Sun and Vancouver Province newspapers. This letter, or a similar version to this, was delivered by people protesting the Scientology organization's violations of human rights to US consulates and embassies and US Federal buildings in various places around the world on December 5. Also forming part of Exhibit 23 is a copy of an updated list of signatories to the letter.

50. Appended hereto as Exhibit [24] is a true and correct copy of a study entitled "Brainwashing in Scientology's Rehabilitation Project Force (RPF)" presented at the Society for the Scientific Study of Religion in San Diego, California November 7, 1997 by Stephen A. Kent, Ph.D., Department of Sociology, University of Alberta, Canada. This study cites to an affidavit executed by me in 1982, and to a post I made to ARS a few months ago. (See, e.g., Ex. 24, Bibliography, p. 32) I was in the RPF, Scientology's penal camp, on two occasions for a total of 25 months.

51. Appended hereto as Exhibit [25] is a true and correct copy of the decision of Judge Paul G. Breckenridge, Jr in the case of Scientology v. Armstrong, Los Angeles Superior Court Case No. C 420153 filed June 22, 1984. This decision was affirmed on appeal, Scientology v. Armstrong, 232 Cal.App.3d 1060, 283 Cal. Rptr. 917.

18

52. Appended hereto as Exhibit [26] is a true and correct copy of a number of messages, the pages of which I have hand-numbered "1" - "60", posted to the ARS newsgroup by me and others during the period of June to December, 1997. My participation in the discussions shown in these posts is representative of my participation in ARS since I began to participate in June this year. I have made approximately 200 posts to ARS in that time, and my name has appeared or my experiences discussed on the ARS newsgroup perhaps two thousand times.

53. ARS is a cyberspace message center and meeting place for people who seek an end to Scientology's fair game doctrine, and who derive a certain amount of safety from fair game attacks by meeting, communicating and reading others' communications on the newsgroup. ARS is free to everyone, and no one is barred from participating, including Scientologists and Scientology agents, who participate for the most part by practicing fair game against the people dedicated to ARS's goal of ending that practice, and ending the threat it is to so many. Participation in ARS is by posting to the newsgroup messages relating to Scientology. Much of the information provided by participants makes its way onto "permanent" web sites or is otherwise "permanently" archived. A number of ARS participants are defendants, some like myself in propria persona, in Scientology litigations.

54. Many documents filed in Scientology litigations around the world are posted to ARS, often the day they are filed in court. In this appeal, I posted my Appellant's Opening Brief filed in August this year, and there was some subsequent discussion on the newsgroup of certain sections or facts from the brief. The instant document, for example, I will also post at

19

some point. I have found that all the work of preparing documents and making them public is one of the prices for finding relative safety through faith in free speech and the efficacy of getting the word out. What flows on ARS's field of free speech is the participants' knowledge of and experiences with Scientology's nature and activities, past and present, and the participants' on-going experience of participation. Since I have had a very long and intense experience with Scientology and continue to have a very time-consuming, full-time and threatening legal, extralegal and psychological relationship with the organization, and its leader David Miscavige, I have potentially a great deal to give to and receive from participation in ARS. Some people post anonymously; some post openly, using their real names, as I do. Posts to ARS have averaged some 300 per day for the past few years. ARS has no organization, but is sometimes used for organizing the unorganized participants. One of its main organizing activities is the present, continuing and global picketing of the Scientology organization protesting its human rights abuses. I participate in these pickets as circumstances permit.

55. Exhibit [26], pp1-2, dated 6/25/97, is my response to attorney Ford Greene and ARS participant Jim Byrd's posts re Scientology's Contempt Order (Ex. 1 hereto).

56. Exhibit [26], pp3-4, dated 7/13/97, is my response to ARS participant Anonymous's post re Scientology's claim of raising IQ.

57. Exhibit [26], p5, dated 7/19/97, is my response to Garry Scarff's post threatening:

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

20

Mr. Armstrong back to the United State, involuntarily if necessary, to answer to federal charges of elluding U.S.laws." (Ex. 26, p5)

As I stated in the response, Mr. Scarff has testified that he was involved with Scientology agents in assassination plots, and he was claiming during the period in which he made the above-quoted threat that he was then meeting with Scientologists.

58. Exhibit [26], pp6-8, dated 7/23/97, is my response to a posted question from Scientology agent Keith Wyatt who asks:

"I want to read your whole side of the story from start to finish. Why do you feel you have been unfairly and unjustly treated?" (Ex. 26, p6)

My answer contains an analysis of the basic issue in this appeal, and a statement of why I have been in Canada:

"But what if I were the last person on earth who had the knowledge I have; or what if I were the last person on earth who had a key..... That is why I am in Canada, and that is why I will say what I'm called to say. To do otherwise is unfair and unjust." (Ex. 26, pp7,8)

59. Exhibit [26], p9, dated 7/7/97, is my post re an L. Ron Hubbard statement on Scientology brainwashing.

60. Exhibit [26], pp10,11, dated 9/1/97, is my response to a question posted by ARS participant Tilman Hausherr who asks:

"Can you tell us more about this? I would like to hear the name of these people." (Ex. 26, p10)

Mr. Hausherr was asking about a quote from my opening brief filed herein:

"also hired individuals who followed and surveilled GA,

21

assaulted him, struck him bodily with a car, and attempted to involve him in a freeway accident." (AOB p5; also Exhibit [25], Appendix 14:22-15:3)

61. Exhibit [26], pp12,13 dated 9/24/97, is my response to ARS participant Robert Vaughn Young re RPF and RPF's RPF. This post is cited to by Dr. Kent in his sociological study of the RPF. (Ex. 24 hereto.)

62. Exhibit [26], p14, dated 9/15/97, is my post re the organization-wide phenomenon of lying in Scientology.

63. Exhibit [26], pp15-17, dated 11/18/97, is my response to Tilman Hausherr's post re an often-repeated Scientology black PR charge that I had posed "nude" for a newspaper.

64. Exhibit [26], p18, dated 11/7/97, is my response to Tilman Hausherr's post re liquidated damages penalties in the case underlying this appeal.

65. Exhibit [26], pp19-22, dated 11/6/97, is my response to ARS participants Jens Tingleff and Tilman Hausherr re an art project of mine.

66. Exhibit [26], pp23,24, dated 11/5/97, is my post of a translation of black PR on me distributed by Scientology in Germany (Ex. 13 hereto). Scientology makes the charge:

"Mr. Armstrong, the so-called "Scientology Expert," was found guilty of contempt of court. When he was ordered to report to jail he fled the USA and is hiding in Canada. He stated in court that he normally converses with the dead." (Ex. 26, p23)

I state in response:

"I didn't leave the US when I was ordered to report to jail. I left when I discovered that the cult's leaders

22

figure the tax exempt status and their billions of dirty dollars depend on silencing me. I left in February, 1997, in order to be free to correct this tax fraud and other Scientology abuses. The cult got its order sending me to jail in June, 1997."(Ex. 26, p24)

67. Exhibit [26], pp25-36, dated 11/8/97, is my post of a letter dated December 22, 1992 to David Miscavige, along with a discussion of Scientology's use of the letter for liquidated damages purposes and as a basis to obtain an OSC re contempt against me.

68. Exhibit [26], pp37-40, dated 11/11/97, is my response to posts of Garry Scarff and a Scientology agent using the name "RonsAmigo." RonsAmigo forwards Scientology black PR:

"...Gerry? I think that your primary background is that of an an anti-Scientology legal-whore working for shyster lawyers and that's all that gives your miserable life any meaning." (Ex. 26, p38)

69. Exhibit [26], pp41-45, dated 11/13/97, is my post re Scientology's use of my recitation of a dream to black PR me.

70. Exhibit [26], p46, dated 11/14/97, is my response to posts by ARS participants Ray Randolph and Grady Ward re Scientology's fair game operation against cartoonist Jim Berry.

71. Exhibit [26], pp47,48, dated 11/27/97, is my response to posts by ARS participants Ralph Hilton, Paul B, and Tilman Hausherr re Scientology practices of "dead agenting" and "black PR."

72. Exhibit [26], p49, dated 11/18/97, is my response to a post by Scientology agent RonsAmigo re payments to people litigating against Scientology. I am one of the people litigating

23

against Scientology, who has depended at times, for basic survival and the wherewithal to fight this battle, upon loans or donations from various supporters.

73. Exhibit [26], pp50,51, dated 12/9/97, is a post by ARS participant Rod Keller of an editorial of that date in the St. Petersburg (Florida) Times. The editorial states:

"The actions by Scientology officials last week dragged the city back to a time when the church used confrontation and reckless allegation to silence those who disagreed with it. Whatever accommodation Scientologists had gained in the community, it has been damaged by their latest behavior." (Ex. 26, p50)

74. Exhibit [26], pp52,53, dated 12/10/97, is a post by ARS participant Anti-Cult (Sten-Arne Zerpe) in response to posts by ARS participants Ted Mayett and Mark Dallara. Mr. Zerpe states:

"Nobody in this NG, should live with the illusion that scientology will die silent, no on the contrary they will do whatever they can to stop their own death.

"That means that they would even hire contract killers to kill critics if the[y] must. After all, they do believe that they are under attack from an alien intergalactic fleet. Do not ever forget that. The organization that we oppose here, is totally insane. Their leaders would all qualify for the Hitler of the year award if there was any. The first winner would of course be Hubbard himself. When this criminal organization in the end comes crashing down, I think that the leaders would fit much better in a mental institution than in a jail." (Ex. 26, p52)

24

75. Exhibit [26], pp54-59, dated 12/10/97, is a post by ARS participant Chris Sutor in response to a post by Scientology agent Keith Wyatt. In responding to Mr. Wyatt's assertion that "critics are making a mountain of a mole hill," Chris Sutor asks:

"Mole hills like murder, government infultration, imprisonment, torture, attempted fraud, wasting the time of the american court system, and forcing people to commit suicide?" (Ex. 26, p56)

76. Exhibit [26], p60, dated 12/10/97, is a response by ARS participant Joel Hanes to a post by ARS participant Michael Reuss. Mr. Reuss writes:

"[Someone leaving Scientology] will have ceased to be a Scientologist. Then who knows, maybe later he'll come back to a.r.s and post a nice affidavit. He'll take his rightful place alongside Gerry Armstrong, Robert Young, Dennis Erlich, Arnie Lerma, Bob Penny, and Larry Wollersheim. Yeah, that's what I'd like to see..." (Ex. 26, p60)

Mr. Hanes responds:

"In fact, this is my Chrismas wish to and for $cientologists everywhere: that the scales fall from their eyes, that they wake up to the ways in which they are and have been systematically exploited, lied to, manipulated, and bilked of their money, time and energy, and that they quietly blow the cult." (Ex. 26, p60)

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

77. Appended hereto as Exhibit [27] is a true and correct copy of a letter dated December 12, 1997 from Andrew Wilson to

25

George Abbott regarding the Armstrong v. Miscavige, US District Court case, supra (Ex.14). Mr. Wilson states:

"Perhaps the most egregious aspect of your complaiant (sic) is that it revisits and attempts to recover for a "fifteen year[s]...course of conduct designed to destroy plaintiff Gerald Armstrong." I am flabbergasted that you could contend this in the face of the Settlement Agreement of December 1986, which expressly released all claims and which provided that the "slate was wiped clean." You should review the cross complaint filed by Mr. Armstrong in Church of Scientology International v. Gerald Armstrong, Marin County Superior Court Action No. 157680. That cross-complaint is based on facts virtually identical to those asserted in your complaint, and was disposed of on summary adjudication, thus barring future assertion of any claims arising out of the same set of facts under the principals (sic) of res judicata and collateral estoppel with which I assume you are familiar." (Ex. 27, p2)

78. Appended hereto as Exhibit [28] is a true and correct copy of a letter dated December 17, 1997 from George Abbott to Andrew Wilson in response to Mr. Wilson's December 12 letter. Mr. Abbott states:

"As you know, Mr. Armstrong received your clients' defamatory documents in late November, 1996, and these documents were disseminated by your clients only a little more than a month earlier. The cross-complaint was filed years earlier. The principles of res judicata

26

and collateral estoppel are therefore inapplicable. If, however, you have facts to support your assertion that these principles do apply in this defamation case, I am interested in examining them." (Ex.28, p2)

79. Mr. Abbott also states:

"Mr. Armstrong left California early this year because of threats from the Scientology organization and his need to have some measure of safety from those threats. Because his movements since leaving California have been brought about by their own unlawful actions, Scientology's principals and agents have no legal or moral basis for complaining about where Mr. Armstrong resides. He has been for some considerable time a resident of Nevada."(Ex.28, p1)

80. Appended hereto as Exhibit [29], is a true and correct copy of Scientology's ex parte application for an order to show cause why I should not be held in contempt, the declaration of Andrew H. Wilson in support thereof, and an order to show cause re contempt signed December 2, 1997 by Marin Superior Court Judge Gary W. Thomas, and received by me December 17. I have hand-numbered the pages of this set of documents "1" - "100." Scientology's application is based on a number of falsehoods.

81. In his OSC application declaration ("Wilson OSC Dec, Ex. 29") Mr. Wilson states:

"In December,1986, Armstrong entered into a Mutual Release of All Claims and Settlement Agreement [ ] pursuant to which CSI paid Armstrong $800,000.00." (Wilson OSC Dec, Ex. 29, 14:25,26)

This is false. Scientology paid a lump sum to my attorney Michael

27

Flynn to settle a number of claims against the organization. The amount paid by Mr. Flynn to each of his clients was confidential between them, and unknown to Scientology. The amount paid to me to settle my lawsuit against Scientology, since that amount could have been $0.01, is thus irrelevant.

82. In his OSC application declaration Mr. Wilson states:

"beginning in approximately 1990, Armstrong fraudulently transferred substantially all his assets and began repeatedly breaching almost every covenant he made in the Agreement." (Wilson OSC Dec, Ex. 29, 15:3-5)

This is false. My 1990 renunciation was not fraudulent and had nothing to do with Scientology. (See AOB, p17) The only "breach" of the "settlement agreement" in 1990 is my petition to the Second District Court of Appeal for permission to respond in Scientology's appeal from the 1984 decision (Ex. 25 hereto) in Scientology v. Armstrong, LASC No. 420153. The Court of Appeal granted my permission, thus there was no "breach." (See AOB, pp12-14) The later "breaches" were unrelated to my renunciation, but directly related and in response to Scientology's breach of the covenants of good faith and fair dealing by continuing to attack me after the "settlement."

83. In his OSC application declaration Mr. Wilson states:

"Less than a month later (after late May, 1992), I was questioning Mr. Armstrong at a deposition when he testified of his intention to ignore the settlement agreement and Judge Sohigian's Order:" (Wilson OSC Dec, Ex. 29, 15:10-17)

This is false. Mr. Wilson asked me in deposition about the

28

settlement agreement, not the order of Judge Sohigian. Mr. Wilson attaches page 124 of that deposition transcript wherein I respond about the "settlement agreement" (Ex. 29, pp21,22), but fails to attach page 123 where he asks about it. In his declaration in support of Scientology's motion to dismiss this appeal, Mr. Wilson states that he "questioned [me] [only] as to whether [I] intended to obey the [May, 1992] order of Judge Sohigian." (Wilson Dec, p2,¶4)

84. Following that June, 1992 deposition, it came to light that Scientology over the years following the 1986 "settlement" and throughout the post-settlement litigation had been carrying out a black PR campaign against me far more massive than then imagined, publishing and disseminating a paper mountain of lies about me. That fact, in addition to Scientology's litigation attacks and extralegal threats, to say nothing of its efforts to deny me basic Constitutional rights, made "honoring" the "settlement agreement," as I stated in deposition, unsafe, unwise and logically, ethically, morally, psychically, philosophically, spiritually, and in any other way, impossible.

85. In his OSC application declaration Mr. Wilson states:

"While the preliminary injunction which preceded the Order was in effect, Armstrong willfully disobeyed it on numerous occasions. This gave rise to an earlier Order to Show Cause Re Contempt, which was heard in December 1994 by the Honorable Diane Wayne. I represented CSI at that hearing. Armstrong admitted the violations and pled for mercy from the court. Judge Wayne discharged the contempt but admonished Armstrong to conduct himself appropriately in the future."

29

(Wilson OSC Dec, Ex. 29, 16:23-28)

This statement contains the following falsehoods:

- that I willfully disobeyed the preliminary injunction on numerous occasions. The truth is that I did not, and, despite Scientology's efforts and pressure to have me found in contempt and jailed for its own manufactured charges, Judge Wayne discharged me and the OSC.

- that Judge Wayne heard the OSC in December 1994. The truth is that Judge Wayne issued an order discharging the OSC on July 29, 1994.

- that I admitted the violations. The truth is I did not. There were no violations. And I strenuously opposed Scientology's efforts to have me found in contempt and punished for its manufactured charges.

- that I pled for mercy from the court. The truth is I did not. I rejected Scientology's efforts to have me punished on its trumped up charges.    

 -that Judge Wayne discharged the contempt but admonished me to conduct myself appropriately in the future. The truth is she made no such comment in her ruling.

Appended hereto as Exhibit [30] is a true and correct copy of Judge Wayne's Order of July 29, 1994 discharging the OSC. (Also AOB CT 7499-7501) (See also 12/22/92 letter, Ex.26 hereto, pp25-36)

86. In his OSC application declaration Mr. Wilson states:

"On or about October 14, 1997, in violation of the Order, Armstrong created and cause to be disseminated by means of the Internet a documentary work which discussed CSI and other beneficiaries of the Settlement Agreement. A true and correct copy of said documentary

30

work is attached hereto as Exhibit F." (Wilson OSC Dec, Ex. 29, 17:9-12; Ex. 29, pp39,40)

This is false. My post did not discuss CSI. Also, Scientology has produced here an altered version of my post, deleting the name "Xenu" from the final line on p.1 of the post (Ex. 29, p39), which should read ""ARC," or Xenu, etc., etc." Scientologists are taught in the organization's "secret" "upper levels," and must believe if they would be Scientologists, that 75 million years ago an evil tyrant named Xenu brought people from all over the galaxy to earth, dumped them in volcanoes and exploded the volcanoes with hydrogen bombs. The murdered beings were then assembled and electronically implanted to make them into the degraded beings Scientologists think humans are today. Scientology teaches that human bodies are masses of these degraded entities called "body thetans." Scientology teaches that God and Christ are not real, but are electronically implanted ideas from the Xenu period implanters, used to enslave people. I believe that Scientology's teachings on this subject are madness, are a factor in the organization's propensity for abusing its members and attacking its critics, and should be exposed to reduce or eliminate the abuse and attacks.

87. In his OSC application declaration Mr. Wilson states:

"The "letter" [to the Commission on Security and Cooperation in Europe] (Ex.21 hereto, and Ex.29, pp47-55) continues with Mr. Armstrong's litany of false and derogatory charges against CSI and its affiliates with which this Court is all too familiar and with which this Court would not have been burdened if Mr. Armstrong had simply obeyed the Order." (Wilson OSC

31

Dec, 18:9-11)

This is false. There are no false and derogatory charges against Scientology in my letter to the CSCE. All my statements are true. These charges are before the Marin Superior Court, this Court of Appeal, the CSCE, and the world, not because I have disobeyed the Marin Court's Order, but because Scientology is engaged in activities against me and others which are violative of human rights and are dangerous. Scientology is engaged in high level political machinations involving, and representing a threat to, US relations with foreign nations and Constitutional rights of citizens within the US. These issues brought me to write to the CSCE and to make public my knowledge about the political and antisocial goals of Scientology. I believe that no court in the US can legally strip me of my right to participate in public controversies and political and Constitutional issues of this level and nature which impact me directly and in which I have potentially vital information which the public has a right to know.

88. In his OSC application declaration Mr. Wilson states:

"Renate Rennenbach and Ursula Caberta...have been engaged for the past several years in attempts to discredit the Church through various means and have lobbied various German government entities to essentially legalize discrimination against members of the Church of Scientology because of their Church membership. In fact, Germany has been censored for the past three years by the United Nations and the Helsinki Commission for just such discrimination. The United States Department of State has also found a pattern of

32

human rights abuses by Germany against Church members." (Wilson OSC Dec, Ex. 29, 19:3-9)

This is false. On information and belief, Ms. Rennenbach and Ms. Caberta's opposition to Scientology is due to the organization's human rights abuses. In Germany, Scientology is not recognized as a "religion," but is recognized as a commercial enterprise with a totalitarian nature and global political goals. On information and belief, the United Nations did not censor Germany at all in the past three years, and certainly not in relation to Scientology. It is Scientology, through attack, threat, illegal "contracts," and illegal enforcement thereof, which attempts to censor its own members, and censor anyone who would criticize or attempt to reform its antisocial practices. On information and belief, the US State Department's support of Scientology's attack on Germany, and on other countries which have acted to restrain the organization's abusive practices, is misguided, and erroneously based on Scientology's fair game attacks and false statements, including its false statements about me. Germany and other countries oppose Scientology because of what the organization is doing to me: its use of the US Courts to strip me of my basic rights to freedom of conscience, freedom of speech, freedom of religion, freedom of association, freedom from slavery and due process. There are many people in many countries who are aware of Scientology's legal attacks on me, and who are observing the US Courts' actions and rulings in these proceedings. On information and belief, there are thousands of Scientologists and ex-Scientologists in the US who have been shuddered into silence by Scientology and whose basic freedoms will be regained once Scientology's efforts to judicially silence me are stopped.

33

89. In his OSC application declaration Mr. Wilson states:

"A review of this virtually unintelligible "complaint"(Armstrong v. Miscavige, US District Court, District of Nevada, Case No. CV-N-00670-ECR, Ex. 14 hereto, also Ex.29, pp81-96) reveals its true nature, a cynical attempt to cloak Armstrong's anti-Scientology ravings with the litigation privilege." (Wilson OSC Dec, Ex. 29, 19:23-26)

This statement contains the following falsehoods:

- that this complaint is virtually unintelligible. The truth is that it is not virtually unintelligible and that Mr. Wilson knows it is not virtually unintelligible. He wrote to my attorney George Abbott on December 12, 1997 (Ex.27 hereto) indicating his having read and understood the complaint, although apparently pretending to not understand the principles of res judicata and collateral estoppel. (Ex.27 and Ex.28 hereto, and ¶¶77-79, supra) Additionally, a number of other people have read the complaint, and some have posted responses to the internet, all indicating that the complaint is not virtually unintelligible. A reading of the complaint by any reasonably intelligence person will confirm that it is not virtually unintelligible.

- that the complaint's true nature is a cynical attempt to cloak my anti-Scientology ravings with the litigation privilege. The truth is that the complaint contains no anti-Scientology ravings, nor do I have any anti-Scientology ravings. I have made logical, literary, intelligent statements about the abuses and dangers of this organization. The truth is that there is nothing cynical in my US District Court complaint. The complaint is an effort through the US Justice system to bring to light

34

Scientology's tortious black PR attacks on me and to get it to cease these attacks. The truth is that Scientology, by its abuse of the justice system and its use of the law to harass, is seeking to deny me, impermissibly, the litigant's privilege, as well as Constitutional guarantees of freedom of speech, freedom of religion, freedom of association, freedom to petition, due process, and freedom from slavery.

90. In his OSC application declaration Mr. Wilson states:

"The recent violations of the Injunction in Great Britain and Germany have forced the Church to expend a great deal of time and money to correct the multiplicity of falsehoods and lies which Armstrong has promulgated." (Wilson OSC Dec, Ex. 29, 19:27-7:1)

This is false. I promulgated no falsehoods and lies. I merely attempted, as every person has a right when assailed by lies told about him, to bring those lies to the light of truth. Mr. Wilson identifies no lies that I told. I have herein identified many he has told. Mr. Wilson, being a Scientology lawyer, is a beneficiary of the illegally obtained "settlement agreement" and Marin Superior Court order (see, e.g., Wilson Dec, Ex.C, 7:9,10, "CSI legal counsel;" 8:14-16, prohibition against discussing "Beneficiaries") and thus has an interest in telling falsehoods and having them believed. Scientology has not been forced to expend a great deal of time and money to correct anything I have said. Scientology has spent its money on attacking me with more lies.

91. In his OSC application declaration Mr. Wilson states:

"Armstrong's claimed expertise concerning the Church, based on nothing more than having been the clerk

35

entrusted with care of certain of Mr. Hubbard's personal files, gives him a superficial credibility, even though he has not been involved in any facet of the Scientology religion since 1981." (Wilson OSC Dec, Ex. 29, 20:1-4)

This is false. It is also the standard Scientology black PR attack line about my Scientology experiences. (See, e.g., Armstrong v. Miscavige complaint, Ex. 14 hereto, p.8, n.1). The truth is that my positions in the Sea Organization, the top echelon of the global Scientology enterprise, included Ship's Legal Officer, Ship's Public Relations Officer, Ship's Intelligence Officer, L.Ron Hubbard's Deputy External Communications Aide, Deputy Commanding Officer of Hubbard's Household Unit, and L. Ron Hubbard Biography Researcher. Additionally, since 1981 I have been intimately involved with the litigation, fair game and black PR facets of the Scientology enterprise, having been the target of these antisocial facets without letup from that year to the present. (See, e.g., Ex.7 and Ex.8 hereto, and all facts herein, and the complete record on appeal)

   92. In his OSC application declaration Mr. Wilson states:

"The Church did not pay Armstrong to silence him, but to save itself the time and expense of responding to and correcting every false allegation." (Wilson OSC Dec, Ex. 29, 20:5-7)

This is false. I made no false allegations, thus there were none to respond to and correct. Scientology paid me to dismiss my lawsuit against it for fraud for the years of waste and abuse inside the organization, and intentional infliction of emotional

36

distress for the years of fair game attacks, including physical assault and attempts to have me jailed on false charges, after leaving. Scientology apparently wished to silence me so that it could attack me with impunity, and thus continue to defraud and abuse other victims; but it did not pay me to be able to do so.

93. Appended hereto as Exhibit [31] is a true and correct copy of a section downloaded this date from Scientology's webbed, advertised, and publicly available ""Freedom"" magazine at http://www.freedom.org.uk/mag/issuea03/page00.htm. Scientology states:

"That vacation [of documentary producer Jill Robinson] was found to consist of a series of interviews, including discussions with former Church members expelled for their misdeeds, and long ago exposed in a plot to extort money from the Church (see Secret Lies,). Among them: Gerry Armstrong, a fugitive from justice in the United States, seeking to avoid a jail cell after he was found in contempt of court for spreading lies about Mr. Hubbard and the Church. He owes the Church hundreds of thousands of dollars for grievous violations of court orders. This is the same man who was captured on video boasting of his ability to falsify "I can create documents with relative ease. I used to do it for a living. ... Just f...ing allege it. What’s more, rather than contacting the Church or seeing Church facilities while in Los Angeles, she travelled to Canada, where this source was hiding out from U.S. law enforcement." (Ex. 31)

94. This statement contains the following falsehoods about

37

me:

- that I was expelled for my misdeeds. The truth is that I escaped from Scientology.

   - that I was exposed in a plot to extort money from Scientology. The truth is that I was never involved in a plot to extort money from Scientology, and I know of no such plot.

- that I am a fugitive from justice in the United States. The truth is that I left the United States earlier this year in order to defend myself from exactly this kind of Scientology black PR and defend myself from its threats of harassment, including the threat of physical violence.

- That I sought to avoid a jail cell after I was found in contempt of court for spreading lies about Mr. Hubbard and Scientology. The truth is that I left the US in February, 1997 and the contempt order was issued, without a hearing, in June. I was not found in contempt for spreading lies about anyone or anything. Judge Thomas, erroneously, held me in contempt for reporting to US District Court Judge Ronald Whyte by declaration Scientology's threat of prosecution if I responded to Grady Ward's document production subpoena. I am not barred from spreading lies about Hubbard and Scientology, and I have never spread lies about them.

- that I owe Scientology hundreds of thousands of dollars for grievous violations of court orders. The truth is that I owe Scientology nothing, and that I have never committed grievous violations of court orders. I owe Scientologists, as well as non-Scientologists, the truth about this organization's nature, policies and practices, as they are pernicious and dangerous.

- that I was captured on video boasting of my ability to

38

falsify. The truth is that the videotape Scientology made of me was illegally obtained, and does not contain such a "boast" by me. The nearest thing to this statement on the illegal video is my referring to my history inside Scientology where I was routinely required to falsify documents.

- that I was hiding out in Canada from U.S. law enforcement. The truth is that I was in Canada where I needed to be safe from Scientology's threats, including the threat of physical violence or assassination, and to be in a position to correct the black PR Scientology was continuing to spread about me, especially the black PR contained in its application for tax exemption submitted to the IRS. The Scientology organization itself was convicted in Canada of criminal breach of public trust, is widely known in that country as a criminal cult, and cannot, I believe, as easily as it does in the US, use the law to harass its targets.

95. It is noteworthy that although I participated in two radio shows in Canada about Scientology, and discussed my experiences with, and knowledge of, the organization, Scientology has not sought in its OSC application to have me held in contempt for those radio show appearances. Scientology knows of my appearances because its own personnel either participated as well in the radio shows or sent black PR documents to the radio stations about me at the time of the shows. On information and belief, Scientology is not attempting to have me punished for these radio show appearances because Scientology is known as a criminal cult in Canada, and such an attempt would be seen in Canada for what it actually is: suppression of legally unsuppressible civil rights.

96. Appended hereto as Exhibit [32] is a true and correct

39

copy of a post to ARS December 19, 1997 by Scientology agent RonsAmigo, which states:

"I believe that the only correct response to the ARS bigot brigade is all out attack. I believe that by any and all legal means the battle should be brought to the front door of those *individuals* who take joy in harrassing me, my friends and my Church. I don't give a damn if they think or honestly believe that they are engaged in some noble endeaver of just cause. If resources aren't available for this purpose, they should be made available. Scientologists as a rule are passionate about defending their Church from this kind of rabble. I don't see any reason why there should be any scarcity of resources on these lines. It is not time for a "truce." It is time to take the gloves off and rather than just engage in a few token moves like picketing a few of the bigot's homes, it is time for an all out attack on those who as an avocation or vocation seek to destroy my religion." (Ex. 32, p2)

RonsAmigo uses the term "bigots," which is Scientology's black PR designation for critics and reformers of the organization's antisocial and criminal nature and activities.

97. Mr. Wilson states in his declaration in support of Scientology's motion to dismiss this appeal:

"Armstrong was also the principal witness for the other plaintiffs, as a self-proclaimed expert on the workings and management of [Scientology]." (Wilson Dec, p1, ¶2)

Judge Breckenridge took judicial notice of my knowledge and testimonial expertise in Scientology during the LA SC trial in

40

1984. He also commented in his decision, affirmed on appeal, on my "extensive knowledge of [Scientology's] covert and intelligence operations." (Ex. 25, Appendix 14:6-8) I have been designated as an expert witness in a number of Scientology litigations concerning my knowledge of organization fraud and fair game, and I have been paid for my service in providing that knowledge by way of testimony. I have testified in Scientology litigations in trial or deposition approximately 60 days, and written and executed approximately the same number of expert declarations or affidavits.

98. Mr. Wilson states in his declaration:

"In settling this litigation, it was the Church's desire to end its relationship with Armstrong once and for all." (Wilson Dec. p1, ¶2)

This is untrue, and belied by the facts at the time of the settlement, (See Ex. 6 hereto) the facts over the past 11 years, and the facts now. Scientology wants its relationship with me not to be ended, but to be one in which its leaders, followers, agents, lawyers and PIs may say whatever they want about me and I cannot respond, and to be a relationship in which I am jailed, hurt, humiliated and ruined utterly. They have done things which stretched the law and human decency standards, and they have gone beyond the law and standards to do other things, all to continue our relationship as described above, an abusive relationship which Scientology says it bought.

99. Mr. Wilson states:

"I questioned [Armstrong] as to whether he intended to obey the [May, 1992] order of Judge Sohigian. Armstrong responded:

41

"I have absolutely no intention of honoring that agreement..."

A true and correct copy of the relevant pages of that deposition are attached hereto and incorporated herein as Exhibit A." (Wilson Dec, p3, ¶4)

Mr. Wilson is being untruthful. During that deposition, he did not ask me about the Sohigian order, but about the "settlement agreement," and it was to his question about the "settlement agreement" that I responded. An examination of the single deposition page 124 which Mr. Wilson has designated his Exhibit A will reveal that there is no mention of Judge Sohigian nor his order.

100. Mr. Wilson states that in Judge Thomas's Permanent Injunction Order there are:

"enumerated 31 breaches of the settlement agreement by Armstrong ... all of which were carried out in violation of Judge Sohigian's preliminary injunction..." (Wilson Dec, p4, ¶8)

This is completely false. Not one of the 31 "breaches" was a violation of Judge Sohigian's order. Many of the "breaches" Scientology has listed predate Judge Sohigian's order, and the remainder, "breaches" such as discussing my Scientology experiences with people, or communicating to the media about Scientology are not violations of the order. (See Ex. C to Wilson Dec)

101. Mr. Wilson states:

"On October 7, 1996 Armstrong sent a letter to the Los Angeles City Council, which at the time was considering the renaming of a city street in honor of L. Ron

42

Hubbard...Armstrong's letter...was a direct and flagrant breach of both the settlement agreement and 1995 Order of Permanent Injunction." (Wilson Dec, p5, ¶10)

This is false. Although the language of the "settlement agreement" prohibited me from communicating to government agencies, I was successful at least in the litigation in the Superior Court in having that prohibition changed in the permanent injunction. That order specifically permits me to "[v]oluntarily assist[] any [ ] governmental organ or entity [ ] regarding [Scientology, its claims and claims against it]." (Wilson Dec, Ex. C, 7:4-7; 8:1-7). It was clear to me that the Los Angeles City Council is a governmental organ. It is therefore clear that my letter to that governmental organ is permitted by the "permanent injunction." Mr. Wilson's letter of October 23, 1996 (Wilson Dec, Ex. E) threatening that the permitted action of sending my letter to the LA City Council was a violation of the injunction which Scientology intended to call to the Marin Superior Court's attention, was a factor in my decision in January, 1997 to leave the US.

102. Scientology states in its motion:

"In December 1986 the Church sought to end a period of long and bitter litigation with Armstrong... [Scientology] paid $800,000 and entered into the Settlement Agreement..." (Scn Memo, pp1,2)

This is false. Scientology did not pay me $800,000. It paid a lump sum to Michael Flynn to settle some twenty cases against Scientology, including my lawsuit against the organization. Scientology did not know how much I was being paid to dismiss my complaint, and the amount I was paid, since Scientology did not know that I was being paid one thin dime, is irrelevant in the organization's efforts to enforce the "settlement agreement." The amount is, however, relevant as an indicator of value of the abuse and fair game claims which I dismissed in the "settlement."

Scientology also did not seek to end its litigation with me, but sought a relationship where the organization and all its agents could attack me and I would be unable to respond. Scientology's desire for such an abusive relationship has resulted, not in an end to its litigations with me, but in their proliferation.

103. Scientology states that the "settlement agreement" required me "to return to the Church the documents which [I] had stolen..." (Scn Memo, p2) This is false. I did not steal the subject documents, and Judge Breckenridge in his decision following my trial in 1984 found that I did not steal the documents. (Ex. 25 hereto, also Scientology v. Armstrong, (1991), 232 Cal.App.3rd 1060, 283 Cal.Rptr. 917)

104. Scientology states:

"Unfortunately, the peace which the Church bargained for was short-lived. In 1990, Armstrong conveyed virtually all of his assets to his lawyer and close friends and then began repeatedly breaching the Settlement Agreement." (Scn Memo, p2)

This is false. Scientology never bargained for peace. They have continued from the date of the "settlement agreement" to make war on me. My conveying my assets was unrelated to Scientology, and unrelated to my "breaches" of the settlement agreement. (See, e.g., AOB p17) I have spoken out about Scientology's attacks and abuses because it is dangerous, obstructive of justice and unwise

44

not to do so.

105. Scientology states:

"The Court of Appeal, Second Appellate District, affirmed Judge Sohigian, recognizing that it was quite proper to restrain"...Armstrong's voluntary intermeddling in other litigation..."" (Scn Memo, p3)

This is false. The Court of Appeal actually stated:

"This appeal is only from the granting of a preliminary injunction which expressly did not decide the ultimate merits. As limited by the trial court here, the preliminary injunction merely restrains, for the time being, Armstrong's voluntary intermeddling....We decline any extended discussion of Armstrong's shotgun-style brief, which offers more than a dozen separate contentions against enforcement." (Wilson Dec, Ex.B, p10)

106. Scientology states:

"Armstrong's defiance continues before this Court. In his Opening Brief, he boldly reaffirms his refusal to abide by the court's lawful orders and declares..."he cannot be silenced by the obstructive [Settlement Agreement], nor by the Marin Court's enforcement." Appellant's Opening Brief at 41" (Scn Memo p6)

This is false. The Marin Superior Court's order is not lawful. What I actually state in the AOB is:

" The reporting of obstruction of justice cannot be obstructed. The reporting of perceived obstruction of justice, or any other crime, cannot be prohibited until such time as the obstruction or other crime is proven.

45

[I have] been unshakable in [my] conviction that the S[ettlement] A[greement] and Sc[ientology]'s enforcement are obstructive of justice since [I] first petitioned the Court of Appeal for permission to respond in the Armstrong I appeal in 1990. (CT 6119-21)

[I] continue [] to make the argument the moment these words are typed. [My] argument is not without merit. For that reason alone [I] cannot be silenced by the obstructive SA, nor by the Marin Court's enforcement, and it is enough reason for this Court to rule that there is a triable issue regarding that obstruction." (AOB, p41)

I am again, here within the instant document, making this same argument, and again demonstrating that I cannot be silenced by the "settlement agreement;" but not because I am, as Scientology would paint me, in defiance of Law and Justice, but because Scientology's actions, including its bringing of this motion to dismiss the appeal, make my silence impossible.

107. Scientology states:

"Armstrong defied the preliminary injunction though it was upheld on appeal..." (Scn Memo, p9)

This is false. Although Scientology attempted to have me held in contempt of court for some ten charged violations of the preliminary injunction, all of these were found by Judge Wayne in July, 1994, to not be violations and were all discharged. The "breaches" listed by Scientology in its permanent injunction were also not violations of the preliminary injunction.

108. Scientology states:

"[Armstrong] then repeatedly violated the permanent

46

injunction and was held in contempt for doing so." (Scn Memo, p9)

This is false. Judge Thomas stated in granting Scientology's contempt order that I violated the permanent injunction once, by sending a declaration to United States District Judge Ronald M. Whyte. (Ex 1 hereto) As shown in ¶¶ 3-12, supra, my sending a declaration to Judge Whyte, because of attorney Wilson's threat after I was subpoenaed, was not a violation of the injunction.

109. Scientology states:

"Rather than discharge the contempt, he fled the jurisdiction." (Scn Memo. p9)

This is false. I was in Canada in February. Scientology obtained its contempt order in June.

110. Scientology states:

"He now prosecutes this appeal, apparently from Canada and, while still in contempt, travels to Germany to commit further violations of the permanent injunction from which he now appeals." (Scn Memo p9)

This is false. I have had a new residence in Nevada for some time, and am in the process of moving my belongings from Canada. It is only my very limited resources which have made this a slower than hoped for process. During the remainder of my prosecution of this appeal, I expect to be in Nevada. I traveled to Germany, because of Scientology's abusive and criminal activities, including its attacks on the German people, because Scientology threatens democratic institutions and principles, and because of the urgent need to help the victims of Scientology's attacks.

111. I will also now be filing an opposition to

47

Scientology's application for an OSC re Contempt in Marin Superior Court, and attending the hearing on this matter, now set for January 30, 1998. Appended hereto as Exhibit [33] is a true and correct copy of a letter I faxed December 16, 1997 from the office of George W. Abbott in Nevada to Scientology attorney Andrew Wilson, advising him that I was there and available for accepting service of Scientology's OSC documents. I received these documents on December 17, and so advised Mr. Wilson's office. I am not hiding out, but have been forced by Scientology's attacks and threats, to be very visible and to participate in the public discussion of, and opposition to, this organization.

112. Scientology states:

"As the appeal is readily resolved without reference to the merits of the action and simply by review of these few enumerated documents (exhibits to Wilson Dec), thereby obviating the need of Respondent and this Court to review and digest the extensive record, it should be granted in the interests of judicial economy." (Scn Memo, pp9,10)

This is false. Such an unjust "resolution" of this appeal will only result in more injustice and an even greater proliferation of litigation. Judicial economy will be served when Scientology is barred from using the Law to harass its critics, reformers and designated fair game targets, and barred from using the Justice System to strip people of their Constitutional rights.

113. Scientology's actions, its threats, black PR and legal attacks, have made my relationship with the organization, especially its leaders, OSA agents and attorneys, a full-time

48

affair, which cannot by judicial order be terminated. Scientology got me removed from my four-year paralegal job with attorney Ford Greene, and threats from the organization directly prevented me from obtaining two other good jobs. Threats from the organization caused me to leave California, and ultimately relocate to Nevada. Responding to Scientology's legal actions, with my limited resources and minimal legal knowledge and expertise, is difficult and draining. Because of the position in which Scientology has placed me through its attacks, and its use of its black PR on me in so many contexts, including as a basis for its IRS tax exemption, the threat of violence is real, and it is oppressive. Scientology's leaders possess arms and hire corrupt and dangerous bullies to attack their enemies. Scientology's continuing black PR is dispiriting and stressful. I have kept going over the years because of God's strength and the support He sends in friends and family.

I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Chilliwack, B.C., Canada on December 27, 1997.

[signed]

GERALD ARMSTRONG

Exhibit [2]
Armstrong Declaration 01-26-1997

Exhibit [3]
Subpoena RTC v. Ward

Exhibit [4]
Wilson Letter 01-24-1997

Exhibit [5]
Boarding Pass 02-11-1997

Exhibit [6]
Appellant's Opening Brief

Exhibit [7]
Appellant's Opening Brief

Exhibit [8]
Appellant's Opening Brief

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

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

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

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

Exhibit [13]
Black PR document (German and English):
Berlin, October 26, 1997
TO TODAY'S MEETING AT THE "CHURCH HOUSE"
"Gerry Armstrong: Fugitive from the Law"

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

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

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

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

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

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

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

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

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

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

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

Exhibit [25]
Breckenridge Decision

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

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

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

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

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

Exhibit [31]
Black PR document Freedom Mag

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

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