Declaration of Gerald Armstrong In Support Of Opposition To Scientology's Motion To Have Him Held In Contempt Of Court

Armstrong 4

Gerald Armstrong
[former address]

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF MARIN

CHURCH OF SCIENTOLOGY INTERNATIONAL, a California nonprofit religious corporation,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant.


)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 152229

DECLARATION OF GERALD ARMSTRONG IN SUPPORT OF OPPOSITION TO SCIENTOLOGY'S MOTION TO HAVE HIM HELD IN CONTEMPT OF COURT

Date: January 17, 2001
Time: 0930
Department: F

DECLARATION OF GERALD ARMSTRONG

I, Gerald Armstrong declare:

1. I am the defendant in this case.

2. Scientology and Mr.Wilson state in their ex parte application for an order to show cause re contempt ("App."): "There was no appeal from the Injunction." (App., Memo, 4:3) They repeat this assertion in their supplemental memorandum of points and authorities in support of the motion for order of contempt ("Supp. Memo.") at 4:24. These statements are untrue. Appended hereto as Exhibit [A], is a true and correct copy of my appellant's opening brief timely filed in the California Court of Appeal, First Appellate District, Division Four in Appeal No. A075027. This is "an appeal from the Injunction."

3. This opening brief was served on Mr. Wilson and on the Clerk of the Marin Superior Court, and must now be in the Court's file in this case. The Clerk's Transcript on Appeal

1

was prepared by the Clerk of the Marin Superior Court and the original of the Clerk's Transcript, which consists of 35 volumes of filed documents comprising 9826 pages must also be in the Court's file in this case. I incorporate this brief herein, reaffirm and renew all the arguments made in the brief, and reaffirm and reswear to the truth and correctness of all the statements made in the brief and in all evidence supporting and cited to in the brief.

4. Appended hereto as Exhibit [B] is a true and correct copy of a declaration executed by Mr. Wilson on June 3, 1997 and filed in Appeal No. A075027, my appeal from the injunction, opposing my request for an extension of time to file my opening brief. It is clear that there was an appeal from the Injunction, that Mr. Wilson participated for Scientology in the appeal, and that he is lying and Scientology is lying when they state there was no appeal from the Injunction.

5. Mr. Wilson and Scientology state: " During the period February 20, 1998 to July 10, 2000, Armstrong made a total of 131 postings on the Internet,each of which violated one or more provisions of the Injunction." (App., 2:1-3) Mr. Wilson and Scientology state: " since the February 20, 1998 contempt order, Armstrong has made a total of 131 postings on the Internet, each of which violated one or more provisions of the Injunction." (App., Memo, 2:23-25) In his declaration in support of Scientology's application (" Wilson Dec.") Mr. Wilson states: " From February 20, 1998 through the present, Armstrong has made a total of 131 postings to the Internet, each of which violates one or more provisions of the Injunction." (Wilson Dec. 10:8,9) In their supplemental memo, Scientology and Mr. Wilson state: " During the period February 20, 1998 to July 10, 2000, Armstrong made a total of 131 postings on the Internet, each of which violated one or more provisions of the Injunction." (Supp.Memo, 2:2-4) Scientology and Mr. Wilson also state: "since the February 20, 1998 contempt order, Armstrong has made a total of 131 postings on the Internet, each of which violated one or more provisions of the Injunction." In his (second) supplemental declaration in support of Scientology's application ("Wilson 2D Supp. Dec.") Mr. Wilson states: "Attached hereto as Exhibit A is a copy of an internet posting made by Mr. Armstrong on December 21, 2000 in which he states that he has violated the "insane injunction on 2289 occasions." All of these averments by Scientology and Mr. Wilson are false.

6. I state in my posting to the internet newsgroup alt.religion.scientology ("a.r.s."): "I

2

made at least 2289 postings to the Internet, all of which violate $cientology's insane Injunction, during the period of February 20, 1998 through November 13, 2000 the date Wilson signed his perjurious declaration." (Wilson 2D Supp.Dec. Ex. A) I did not say that I have violated the insane injunction 2289 times, but that I had made 2289 postings to the internet, all of which violate $cientology's insane injunction, during the period Mr. Wilson identified in his declaration; i.e., 2/20/98 to 11/13/00. If Mr. Wilson's and Scientology's other identified dates are used; i.e., 2/20/98 to 7/10/00, my postings to a.r.s would be fewer than 2289. From February 20, 1998 to this date, my postings to a.r.s., all of which violate the Injunction, total approximately 2525. But these are nowhere near all my violations. I have violated Scientology's Injunction thousands of times in my communications since February, 1998, and tens of thousands of times since former Marin Superior Court Judge Gary W. Thomas signed it in October, 1995.

7. Scientology and Mr. Wilson state: " Armstrong traveled to Clearwater, Florida and on December 5, 1999 spoke before a public gathering sponsored by the Lisa McPherson Trust, a for-profit corporation, the purpose of which is to bring about the destruction of the Scientology religion." (App., 2:3-6; Supp.Memo, 2:4-7) Scientology and Mr. Wilson state: " Armstrong [ ] gave a speech at a fund-raiser for an anti-Scientology group in Clearwater." (App.Memo, 2:27,28; Supp.Memo, 3:13,14) Scientology and Mr. Wilson call my talk a " speech to the Lisa McPherson Trust." (App.Memo, 4:18; Supp.Memo, 5:14; 6:11) Mr. Wilson also avers regarding this talk: "In early December, 1999, Armstrong again traveled to Florida for the purpose of aiding Liebreich, giving a speech at a fund-raiser for the Lisa McPherson Trust." All of these statements by Scientology and Mr. Wilson are lies.

8. The "gathering" in Clearwater was not sponsored by, and was not a fund-raiser for, the Lisa McPherson Trust. Nor was my talk a speech to the Lisa McPherson Trust. The purpose of the Lisa McPherson Trust is not to bring about the destruction of the Scientology religion, but to work to reform the Scientology organization's abuses and dangers. Appended hereto as Exhibit [C] is a true and correct copy, downloaded from a.r.s., of the mission statement and philosophy of the Lisa McPherson Trust and the reforms it seeks in Scientology. I am a member of the Trust's Advisory Board. I know that the following statement, and not Scientology's and Mr. Wilson's

3

scandalous assertion about the Trust's purpose, is true:

"The mission of The Lisa McPherson Trust is to expose the abusive and deceptive practices of the Church of Scientology and to help those who have been victimized by it.

To accomplish our mission, we will demystify and thereby make transparent the coercive processes and practices of the Church of Scientology. In this way, informed consumers can make an educated decision about whether Scientology can meet their psychological or spiritual needs.

We will expose the Church of Scientology's abuse of the human, civil and privacy rights of its members and critics. We will reveal its deceptive advertising practices that border on consumer fraud. We will bring to light those "religious practices" that violate civil or criminal law. At the same time, we will respect the right of all Scientologists to embrace any religious belief they may choose.

We will assist Scientologists in recovering from their unique personal experience with the abusive and deceptive practices of the Church of Scientology. We will offer counsel to Scientologists who choose to hear the truth about how the Church of Scientology uses deceptive mind control techniques. Our dedicated staff will provide the information, love and support to Scientologists that will enable them to release the bonds of cult mind control.

Finally, all of the people involved in the Lisa McPherson Trust will respect the dignity and innate human goodness of all current, former and recovering Scientologists." (Ex. C at 1).

9. That Scientology and Mr. Wilson knew that the " gathering" in Clearwater was not put on by the Lisa McPherson Trust is shown by their own evidence. In a posting to a.r.s. of 9 December, 1999, my response to an attack by Scientologist agent " Mark Regent," Exhibit 104 to Mr. Wilson's (first) supplemental declaration in support of Scientology's application, I state: " The

4

"The Lisa McPherson Trust [ ] did not put on the conference, although a number of people connected with the Trust were speakers and participants." (Wilson Supp.Dec, Ex. 104)

10. In his posting to which I respond, Mr. " Regent" calls the "gathering" an "anti-religious seminar put on by the "Trust" at the Holiday Inn." (Wilson Supp.Dec, Ex. 104) A review of the transcript of my talk at the "seminar," which is provided by Scientology (Ex. I to Wilson Dec.), makes it very clear, however, that there is nothing whatsoever "anti-religious" in my talk. Nor was there anything anti-religious said by any other participant in the "seminar." Mr. "Regent" is following Scientology's practice and policy, which the organization calls "black propaganda," or "black PR," by which it vilifies, defames and attempts to ruin its designated targets. Classic Scientology black PR is carried out by hidden or anonymous organization sources. In all probability, "Mark Regent" is not the real name of the Scientology agent who posted this attack on the "seminar" participants and the Lisa McPherson Trust, but a name used to be a source for Scientology's black PR. Mr. Wilson is forwarding Scientology's black PR with his gratuitous and false statements in the various papers he has filed with this Court.

11. Scientology and Mr. Wilson state: " December of 1986, Armstrong freely and voluntarily entered into a Mutual Release of All Claims and Settlement Agreement (the Agreement)." (App. Memo, 1:25-27, Supp. Memo, 2:16-18) This is false. For years prior to the 1986 "settlement" of my lawsuit against Scientology I was the target of Scientology's basic, repugnant and judicially condemned philosophy, policy and practice of " fair game," which calls for attacks on people labeled "enemies," also called " suppressive persons" or "SPs." In a widely cited rendition of fair game, appended hereto as Exhibit [D] , Scientology founder L. Ron Hubbard states:

"ENEMY - SP Order. Fair Game. May be deprived of property or injured by any means by any Scientologist without any discipline to the Scientologist. May be tricked, sued, or lied to or destroyed." (Ex..D, Hubbard Policy Letter of 18 October, 1967, "Penalties for Lower Conditions.")

Michael Flynn, the lawyer who represented me and several other victims of fair game against Scientology, was himself a target of fair game for over seven years. Scientology threatened

5

through Mr. Flynn that if I didn't sign the "agreement," he and his family, and his other "settling" clients and I would continue to be fair game. I will not recite all the instances of fair game prior to the "settlement," but I refer the Court to the section of my appellant's opening brief entitled "Pre-Settlement" for an accurate recitation of what I knew of Scientology's fair game during this period directed at myself and Mr. Flynn. (Ex.. A, 4-7) I also refer the Court to the section of my brief entitled "The Settlement," for a recitation of the duress applied to me at the time of the "settlement" to get me to sign the "settlement agreement." (Ex. A, 7-10.) In my opinion, I made a more than adequate showing to Judge Thomas that duress was present and a significant factor in my signing Scientology's "settlement agreement." I refer the Court for my reasoning and argument to the section in my brief entitled "There is a Triable Issue as to Duress." (Ex. A, 29-32). In my opinion, Judge Thomas very wrongly discounted the tremendous and criminal duress applied by Scientology, and if this duress is not wrongly discounted but understood it will become clear that the organization had unclean hands at the time of the " settlement" and has had unclean hands in this matter ever since.

12. There was also a flagrant element of fraud in Scientology's actions in getting me to sign their "settlement agreement," which renders my " agreement" legally neither free nor voluntary. I refer the Court again to the section " The Settlement" in my opening brief (Ex. A, 7-10) for what representations were made to me at the time of signing. I refer the Court for my argument to the section in my brief entitled " There is a Triable Issue as to Fraud." (Ex. A, 32-34). In my opinion, Judge Thomas very wrongly ignored an abundance of evidence of fraud by Scientology regarding the mutuality of the "agreement" and the organization's promise to end fair game, and that if this evidence is not ignored the fraud will be crystal clear.

13. Appended hereto as Exhibit [E] is a true and correct copy of a motion by a Scientology party in the case of Bent Corydon v. Church of Scientology International, LA Superior Court Case No. C694401, to delay or prevent the taking of certain third party depositions, along with the declaration in support. Both the motion and declaration are signed by Scientology attorney Lawrence Heller, who stated that he was personally involved in the "settlements," one of which was mine. I had been served by Mr. Corydon with a deposition

6

subpoena and Mr. Heller tried with his motion to use the " mutuality" of the " settlement agreement" to prevent my deposition. He stated in the motion:

"One of the key ingredients to completing these settlements, insisted upon by all parties involved, was strict confidentiality respecting: (1) the Scientology parishioner or staff member's experiences with the Church of Scientology; (2) any knowledge possessed by the Scientology entities concerning those staff members or parishioners." (Ex. E, Motion, 4:9-14).

Mr. Heller stated in his declaration:

"The non-disclosure obligations were a key part of the settlement agreements insisted upon by all parties involved."

"The contractual non-disclosure provisions were the one issue which was not debated by any of the parties or attorneys involved." (Ex. E, Declaration, 9:5-10).

In my opinion, Judge Thomas went out of his way to ignore Scientology's clear statement of mutuality, in order to arrive at signing the organization's Injunction which is utterly non-mutual. According to Judge Thomas and Scientology, the organization, every Scientologist in the world, and all their lawyers, like Mr. Wilson, could say whatever they want about me, no matter how false, defamatory or perverse, and I could not respond. If I responded in any way, Scientology was due $50,000 per utterance in liquidated damages, which Judge Thomas did indeed award to Scientology for multiple utterances, driving me into bankruptcy. Now Scientology wants me hunted down by law enforcement, jailed and fined for responding to more of its endless false, defamatory and perverse statements.

14. In my experience, the lack of mutuality in the Injunction, interpreting and enforcing the "settlement agreement," makes performance impossible. It is a form of fair game which permits, indeed calls out for, a response. If the " agreement" is mutual, as Heller states, and as I believe it can only be, then I am justified, and have a perfect right, to say and write whatever I have, because Scientology black PRed me immediately following the " settlement" and has continued to black PR me to this day. I refer the Court to the section of my opening brief entitled

7

" From Settlement to First Response" for a recitation of fair game actions by Scientology targeting me during this period. (Ex. A, 10-14) Since, however, Judge Thomas interpreted the "agreement" as allowing Scientology, et al. to say whatever they wanted about me, no matter how false, defamatory or perverse, and not allowing me to respond, and since Scientology interprets the Injunction precisely that way, and wants this Court to punish me pursuant to this interpretation, I am convinced that the Injunction is unlawful. And because it is unlawful, again I have a perfect right to speak.

15. Scientology fraudulently claimed, as an inducement to get me to sign their "agreement" that they wanted peace. They and their lawyers still fraudulently claim that with the "settlement agreement" they sought peace. And that I broke the peace they paid for. But all that is a lie. Scientology has never sought peace. The organization got its lawyers to concoct a document by which they thought they might be able to continue to war on a defenseless victim. The "settlement agreement," as interpreted by Judge Thomas in the Injunction which Scientology wants the Court to punish me for violating, is a license to hunt a human being, and I am certain it is unlawful.

16. Scientology and Mr. Wilson state: " December of 1986, Armstrong freely and voluntarily entered into a Mutual Release of All Claims and Settlement Agreement (the "Agreement") pursuant to which CSI paid Armstrong $800, 000.00. [ ] In exchange, Armstrong promised, in essence, to cease disseminating "information" concerning CSI and to cease assisting others litigating or defending claims against CSI and Scientology-related entities." (App.Memo, 1:25-2:2; Supp.Memo, 2:16-21) Scientology and Mr. Wilson also state: "The restrictions on Armstrong's behavior in the Order stems from an agreement which Armstrong made freely and voluntarily and for which he was paid $800,000.00." (App,Memo, 5: 4-6; Supp.Memo, 6:2-4) Mr. Wilson states in his declaration: "In December of 1986, Armstrong entered into a Mutual Release of All Claims and Settlement Agreement (the "Agreement") pursuant to which CSI paid Armstrong $800,000.00. In exchange for his receipt of such funds, Armstrong promised, inter alia, to cease disseminating information concerning CSI and to cease assisting others pressing claims against CSI and related entities." These statements are untrue. Scientology paid a lump sum

8

to attorney Flynn, and had no knowledge of what part of that sum Flynn would pay me. I was paid to dismiss my lawsuit against Scientology, then poised for immediate trial, for 12 ½ years of fraud and abuse inside the organization and 5 years of fair game after leaving. Scientology did not pay me to be silent, to not assist people being fair gamed, and to be the organization's defenseless punching bag. Those things were not for sale, and Scientology could not lawfully buy them. Scientology's "settlement agreement" and the Injunction must be unlawful, regardless of what the organization claims it paid for them. If Scientology can make one person a judicially ordered fair game punching bag for $800,000.00, it can do so to its own members for $1.00 or less. The true significance of the $800,000.00 is its correspondence to the intensity and length of the years of abuse and fair game and the resulting damage to their target. This conferred on Scientology a responsibility to cease fair gaming its target, not a right to continue fair game, and now with impunity.

17. Scientology and Mr. Wilson state: " Beginning in approximately 1990, Armstrong fraudulently transferred substantially all of his assets to his attorney and close friends, and then began repeatedly breaching almost every covenant he made in the Agreement." (App.Memo, 2:2-4; Supp.Memo, 2:21-23) Mr. Wilson states: "I am informed and believe that, beginning in approximately 1990, Armstrong fraudulently transferred substantially all of his assets and began repeatedly breaching almost every covenant he made in the Agreement." (Wilson Dec.7:13-15) These statements are lies. Mr. Wilson and Scientology have repeated these lies publicly, in black PR disseminations, and in other litigations around the world. I challenge Mr. Wilson and Scientology to prove these lies. I believe I have a right which cannot lawfully be taken away, to publicly and to every person who will listen continue to call these lies lies and the liars liars until they tell the truth. I made no fraudulent transfers whatsoever, and have filed a small mountain of evidence in this case demonstrating that the transactions Scientology and Mr. Wilson label fraudulent were legitimate and unrelated to Scientology, its " agreement" and any alleged violations of that "agreement." In my opinion, Mr. Wilson and Scientology have woven themselves into a web of lies that they must continue to weave, because to not continue to weave this web of lies is an acknowledgment that the lies are indeed lies and the liars are liars.

9

18. Scientology and Mr. Wilson state: " Armstrong, by his serial contempts and contumacious behavior, has amply demonstrated that he will continue to defy this Court's authority unless adequate criminal sanctions are ordered." (App.Memo,1:6-8) This is false. This Court has no authority to make unlawful orders; which would include orders against public policy, orders in flagrant unnecessary violation of Constitutional guarantees, orders which are impossible to perform, and orders which generate a great stupidity. In my opinion, I presented, with competent legal representation and assistance throughout much of this litigation by attorney Ford Greene, a more than adequate argument to Judge Thomas, supported by a more than adequate evidentiary record, that the "agreement's" conditions which Scientology was trying to enforce by liquidated damages and injunction were unlawful; specifically, obstructive of justice, against public policy, flagrantly and unnecessarily violative of Constitutional guarantees, impossible, and generative of a great stupidity. In my opinion, Judge Thomas wrongly disposed of my more than adequate defenses to Scientology's claims by flawed reasoning on summary adjudication, in order prevent a trial, which, I believe, the record shows I was due. I refer the Court to the section of my brief entitled " The Settlement Agreement Obstructs Justice ," for a discussion of the unlawful purpose of the "agreement."(Ex. A, 36-41.)

19. There are no "adequate criminal sanctions" which can be ordered to make me comply with the Injunction, because it is not lawful. What Judge Thomas did and said, since he would not logically address the defenses and issues I raised, has served only to strengthen my conviction that the Injunction he signed is unlawful, and therefore need not be complied with and cannot legally be enforced. Likewise, what Scientology has done and said since Judge Thomas signed the Injunction has only strengthened my conviction that it is unlawful. The obvious need of Mr. Wilson and Scientology to lie to this Court in order to get me punished for violating the Injunction also only convinces me that it is unlawful, and moreover that Mr. Wilson and Scientology know it is unlawful. Not one person, no judge or lawyer or Scientology black PR agent, has said one logical word to change my conviction that the Injunction is unlawful, and the conditions of the "settlement agreement" which it enforces are unlawful. Unless I can be convinced that the Injunction is lawful, it is impossible for me to consider it lawful, and therefore

10

comply with it.

20. Scientology and Mr. Wilson state: " Unfortunately, though bench warrants have been issued, Armstrong has fled the jurisdiction to avoid the consequences of his acts, all the while piously complaining that the Injunction is illegal." (App., Memo, 1: 10-12; Supp.Memo, 2:11-13) Scientology and Mr. Wilson also state: "Bench warrants issued in both instances, but Armstrong fled California in response to the first contempt judgment and moved out of California to avoid arrest and to persist in his defiance of the Court." (App.Memo, 2: 18-20) This is a lie which Scientology, its agents and its lawyers like Mr. Wilson have repeated thousands of times. I left California in January, 1997, Scientology applied for its first order to show cause re contempt to Judge Thomas in February, 1997, and he signed Scientology's first order of contempt in June, 1997. Scientology never served me with this application, nor the order to show cause. My leaving California in January, 1997 was inspired not by Scientology's orders to show cause, the applications for which had not even been filed, but by my discovery of a massive fraud perpetrated by Scientology on the IRS, and the whole of the United States, and for that matter, the world, involving a black PR attack on me.

21. I obtained my first internet connection in early January, 1997, while living in San Anselmo, and within a few days discovered that someone had put on their internet web site the submission Scientology had made to the IRS in response to the IRS's Form 1023 request. The organization, up until that time, had lost all significant legal cases with the IRS, was held to be non-tax exempt, and was facing a huge tax liability. Scientology's 1023 submission contained sections of black PR on me, a true and correct copy of which, downloaded from the internet, is appended hereto as Exhibit [F]. This 1023 response was the basis of the organization's obtaining tax exemption for all its associated corporate entities in 1993. I believe that Scientology's 1023 response was submitted to the IRS in 1991 or 1992. On information and belief, Scientology supreme dictator, or leader, David Miscavige announced in 1993 that when Scientology triumphed in its war on the IRS the organization was facing a billion dollar tax liability. The importance of my earlier litigation and testimony to the IRS in its denial of Scientology's tax exemption is shown by Scientology's own statements in the 1023 response:

11

"the Service has continuously thrust the Armstrong case at us, demanding an explanation." (Ex.F, 1)

"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. F, 4)

Scientology's statements about me and my earlier litigation, Scientology v. Armstrong, Los Angeles Superior Court Case No. C 420153, are in fact and conclusion false. 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.F, 1)

The decision rendered by Judge Breckenridge in that case, along with the California Court of Appeal opinion affirming that decision (Scientology v. Armstrong, (1991), 232 Cal.App.3rd 1060, 283 Cal.Rptr. 917) are appended hereto as Exhibit [G]. I believe that to counter the IRS's use of the decision, Scientology concocted this scheme to black PR me to the IRS, and anyone else the organization could get to listen. Scientology submitted these false statements to the IRS during a time the organization was attempting to judicially silence me with its " settlement agreement," and thus prevent me from responding to its falsehoods. It was also significant to me when I discovered this black PR that Scientology had not produced these statements about me in discovery in this case (Marin SC 152229/157680) when it was before Judge Thomas, even though the IRS 1023 document was relevant and of a type and nature of documents which were ordered produced to me. When I read this black PR in Scientology's statement to the IRS on which its tax exemption is based, and having experienced Scientology's years of fair game, and indeed feeling like I was being fair gamed by Judge Thomas and could never get a fair hearing before him, I immediately decided to escape. 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

12

exemption based thereon constitutes a massive fraud upon the people of not only the US but the world. I therefore had to leave the US, where Scientology could prevent me from correcting this fraud, and have me harmed in many ways to so prevent me, to be in a country where I have legal protection from Scientology's abuse of the justice system and where I could work to correct its fraud.

22. Mr. Wilson states: "In January 1997, I learned of actions by Mr. Armstrong which I believe are clear violations of the Injunction. These actions were brought to the attention of this Court which issued an OSC re Contempt on February 19, 1997 and an Order of Contempt on June 5, 1997. A true and correct copy of which is attached hereto as Exhibit [F]. " (Wilson Dec., 8:24-27) Scientology and Mr. Wilson state: "Armstrong=s response to the Injunction was virtually immediate and has persisted. In response to his most egregious violations of the terms of the Injunction, CSI obtained contempt judgments against Armstrong both on June 5, 1997 and February 20, 1998." (App.Memo, 2:15-17) The contempt order filed June 5, 1997, Exhibit F to Mr. Wilson's Declaration, 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 willful disobedience of the Order and Judgment." (Wilson Dec. Ex. F, 3:1-10)

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

13

"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. E, 8:1,2,6,7] I am therefore providing the original of this declaration to the Court." (Ex.H, 5:6-11)

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. E, 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.

23. My January 26, 1997 declaration, the averments in which I now reaffirm and reswear to, was the reporting of another crime by Scientology, namely obstruction of justice through the organization's attempt to intimidate me, a subpoenaed witness, into not obeying the subpoena. I believe that it was completely legal, probably a civic duty, and not even prohibited by the unlawful 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. On January 23, 1997 I received a subpoena for production of documents, a true and correct copy of which is appended hereto as Exhibit [I], from defendant Grady Ward in the case of RTC v. Ward, US District Court for the Northern District of California, case no. C-96-20207 RMW. Mr. Ward's subpoena states:

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

All documents and declarations authored by yourself documenting abuse, fraud, and unlawful acts by the Church of Scientology Enterprise or any of its

14

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

On January 24, 1997 I received by fax a letter, a true and correct copy of which is appended hereto as Exhibit [J], 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." His threat of "further conflict and annoyance" from Scientology unless, as he insisted, I withheld the subpoenaed documents from Mr. Ward is very clear. In response to Mr. Wilson's threat, I sent the declaration to Judge Whyte, who, I believed, and still believe, was the proper person to be advised of and curtail Scientology's interference with a witness in the cases before him.

24. Mr. Wilson's threat that I would be prosecuted for producing documents to Mr. Ward, even though I had been subpoenaed was not the first time Scientology lawyers had made such a threat. When I was served with a deposition subpoena in the Corydon v. Scientology case in the fall of 1989, Scientology attorney Heller threatened me multiple times with being sued if I testified, even though he acknowledged I had been served. Mr. Heller's threats are detailed in my appellant's opening brief. (Ex. A, 11-13) In my opinion, Scientology's and its lawyers' misuse of the "settlement agreement" and the Injunction in order to obstruct justice, even beyond how these documents on their face obstruct justice, demonstrates that the intent of the documents and their creators is unlawful.

25. Scientology and Mr. Wilson state: "Armstrong has also caused himself to be subpoenaed for deposition in a lawsuit against the Church in Clearwater, boasting that he initiated the contact with the plaintiff=s attorney." (App.Memo, 2:25-27; Supp.Memo, 3:11-13) This is a lie. I did not cause myself to be subpoenaed, and I did not boast. Attorney Kennan Dandar, attorney for plaintiff in Estate of Lisa McPherson v. Church of Scientology Flag Service Organization, et al., Thirteenth Judicial Circuit of Florida, Hillsborough County, No. 97-01235,

15

caused me to be subpoenaed. I unfortunately do not have a copy of the transcript of my deposition in the McPherson litigation, but even the few pages used by Scientology to support its application for an OSC re contempt, reveal Scientology's lawyer using the Injunction to obstruct the deposition. Scientology lawyer Weinberg states:

"And what the injunction prevents [Armstrong] from doing is in any way cooperating against Scientology, talking to anybody about Scientology. [ ]

"The fact of the matter is he is in contempt of court twice out there, There is a bench warrant that calls for his imprisonment for 28 days. And the injunction is not just against Mr. Armstrong but it's against anyone acting in concert with [him] ." (Wilson Dec. Ex. H, 6:15-25)

26. Mr. Wilson states: "These email and phone communications [between Armstrong and Mr. Dandar] resulted in Armstrong voluntarily traveling to Florida to give his deposition. " (Wilson.Dec.9:17-19) This is false. I traveled to Florida for completely different reasons. In fact, I state on the page of the deposition transcript Mr. Wilson cites to for his lie, "[Mr. Dandar] had nothing to do with my coming to Florida." (Wilson Dec. Ex. H,122: 9-10)

27. Mr. Wilson describes the McPherson litigation as "an action based on false and inflammatory allegations that the defendants are somehow responsible for the death of a Church member." (Wilson Dec., 9:10-12) In my opinion, the Scientology defendants are responsible for the death of Lisa McPherson, having locked her up, kept her from leaving and mistreated her for 17 days, drugged her, and denied her medical attention as she died. My testimony is relevant in the McPherson wrongful death case because I was a witness to several other people similarly locked up and mistreated by the Scientology organization, and I was myself locked up and mistreated.

28. Mr. Wilson states about the talk I gave in December, 1999 in Clearwater, Florida:

"[Armstrong] then does exactly what he is prohibited from doing, and apparently delights in spinning a web of lies and half-truths about his experiences as a Church member (his association ended in 1982) and his purported knowledge of the AScientology organization." (Wilson Dec., 10:1-3)

This is a lie. I do not delight in spinning webs of lies and half-truths about anything. I have

16

never spun a web of lies and half-truths about my Scientology experiences or knowledge. Mr. Wilson points to not one lie or half-truth in my talk. There are no lies or half-truths in my talk. Nor are there any lies or half-truths in any of the internet postings or other statements for which Scientology and Mr. Wilson want me jailed and fined. They want me punished for telling the truth. Certainly I express my opinion, sometimes in colorful or offbeat language because that's how I express myself. But my facts are accurate and I tell the truth. For that reason my testimony has been sought and used in many legal cases around the world, and for that reason Scientology wants to have this Court punish me. I now swear to as true and correct all the facts and opinions stated in all my internet postings and other public statements filed by Scientology or Mr. Wilson for which they move this Court to punish me.

29. Mr. Wilson states: "Shortly thereafter, on December 10, Armstrong traveled to Tampa, Florida for an interview at Radio Station WMNF AM where he again boasted of violating the Injunction, and embellished his usual calumny with tales of a AScientology prison system." (Wilson Dec., 10:4-6) This is a lie. The transcript of the radio interview which Scientology provides is chopped off and contains many errors. (Wilson Dec., Ex. J) Nevertheless, it contains no calumny. I was an inmate in Scientology's prison system, the " Rehabilitation Project Force," for 25 months, and am intimately familiar with it. Appended hereto as Exhibit [K] is a true and correct copy of a 1997 study entitled "Brainwashing in Scientology's Rehabilitation Project Force (RPF)" by Stephen A. Kent, Professor of Sociology at the University of Alberta. My experiences in and knowledge of Scientology's RPF prison are real, and are not as Mr. Wilson, who has never been in the RPF, would have this Court believe, tales to embellish my usual calumny.

30. Mr. Wilson and Scientology state: "in June 2000, [Armstrong] journeyed to Denmark to provide information to anti-Scientology media there." (App.Memo, 3:2,3; Supp.Memo, 3:15,16) This is false. I was requested to come to Denmark to participate in a conference on cults. It is true that there were media people at the conference, but none were to my knowledge "anti-Scientology," and I didn't travel to Denmark to provide them information.

31. Scientology and Mr. Wilson state: " The Order was valid when rendered and remains fully enforceable." (App.Memo, 3:24) This is false. The Injunction was invalid when

17

rendered and remains legally unenforceable. Indeed, Scientology's and Mr. Wilson's claim that the Injunction is valid just reinforces my certainty that it is invalid and unlawful. Similarly, Scientology's and Mr. Wilson's statement that, "The only permissible collateral attack against the Order would be based on a wholly meritless claim by Armstrong that it is invalid on its face" (App.Memo, 4:7,8) makes me even more certain that my claim that the Injunction is invalid on its face has all the merit it could possibly need.

31. [sic] Scientology and Scientologists, as originated by L. Ron Hubbard, divide the global population into two groups, "Scientologists" and "Wogs." ® The term " wog, " originally the acronym for "worthy oriental gentleman," an apparently derogatory term used by the British in other centuries to refer to the dark skinned races, is in Scientology also a term of derogation. A Scientologist is essentially anyone who does what he or she is told by Scientology to do. A wog is someone not under the organization's control. Scientology, the corporate entity consisting of several corporate entities, which is behind the prosecution of this action, and controlled by David Miscavige, says that it owns the word "Scientologist" and can decide who is in any sense of the word a Scientologist. That group of organization-controlled Scientologists is at war with wogs. Scientology and Scientologists, while calling their organization "the world's fastest growing religion," have been claiming for the past decade at least that their membership is 8 million. The actual number of Scientologists who are Scientologists by the Scientology organization's standard, by doing what they're told, is commonly estimated at fifty thousand.

32. Scientology teaches and Scientologists must believe that they are more aware, more intelligent, more able and more ethical than wogs, and possess the only mental technology, system and organization which can make people more aware, intelligent, able and ethical, and save the planet. The Scientology organization sells its psychotherapy, which it calls "auditing," with the promise that it can make people "clear," a superhuman state of awareness, intelligence, ability and ethics far beyond what anyone before Hubbard had ever achieved, or been blessed with, throughout the history of man. Hubbard claimed that auditing could raise IQ a point per hour, and the organization sells auditing for hundreds of dollars an hour up to over a thousand dollars an hour. In his writings, Hubbard called this new, perfectly rational, perfectly healthy, hominid clear

18

he "created," "homo novis," and disparaged inferior, unaware, stupid, unable, unethical wogs as "homo sap." Hubbard, Scientology and Scientologists say that there are, far beyond " clear" in awareness, intelligence, ability and ethics, superclear states or levels, called "operating thetan," or "OT." I was "clear"and "OT" in Scientology, and had over a thousand hours of auditing. Now I am a born again wog.

33. Hubbard, Scientology and Scientologists divide the wogs into three types, the "normal," the "potential trouble source" or "PTS," and the " suppressive person," or SP. Scientology teaches that SPs, who comprise 2 ½ percent of the population, are, among the wogs, the most evil people on earth, responsible for all the world's ills. PTSes, who comprise 17 ½ percent of the population, are people "connected to an SP." Scientologists can also be labeled "PTS" if they are connected to an SP, and they then become subject to special "PTS handlings." Scientology claims to have the "technology" for identifying SPs, and the identification and handling of SPs is a major part of Scientology activities and life. Anyone opposing Scientology, which opposition could be as minimal as criticizing, e.g., the unworkability of the "mental technology," is labeled an SP and viewed as an enemy. Hubbard instructs that all "critics" of Scientology are "criminals," and that Scientologists are to find their crimes, if necessary "manufacture" evidence, and "feed lurid blood, sex, crime" to the media about them. The fair game doctrine (see, e.g., Ex. D hereto) calls for aggressive, tortious and criminal actions against SPs, i.e., those wogs the organization identifies as opposing Scientology. The SPs, Scientology teaches, oppose Scientology because the organization has the only "mental technology" to make people better, and SPs don't want people to get better. Scientology has wrongly labeled me an SP since I left the organization in December, 1981, and has targeted me as an "enemy" ever since. Leaving Scientology is itself considered an SP act by Scientologists.

34. Scientology wages its war on wogs on many fronts, a significant one being against wog mental health knowledge, therapies, institutions and practitioners. Scientologists black PR mental health practitioners, foment litigation against them and seek their destruction. On information and belief, Scientology leader Miscavige publicly threatened and promised the end of psychiatry and its replacement with Scientology by 2000. Scientology operates a front group, the

19

Citizens Commission on Human Rights, which works for the obliteration of wog psychiatry. Scientology teaches that it has the best "study technology" on the planet, and aggressively seeks to inject its "technology" and influence into the "wog education system." The organization uses a number of front groups, e.g., Applied Scholastics, and runs its own schools. Scientology uses the term "wog justice" when referring to the US or other western justice systems as a system of laws, ethics and justice far inferior to Scientology's justice "technology." At the same time, Scientology is known around the world as a notorious abuser of wog courts and justice systems. Hubbard ordered decades ago that the law be used to harass, and, if possible, ruin the opponent utterly, and Scientology has followed that dictate ever since. It has paid untold millions of dollars to wog lawyers to use the wog justice system to fair game good wogs. Hubbard directed Scientologists to "treat every skirmish as war" and Scientology has forever been in a constant state of war. Scientologists, universally, have a double standard for their ethics and their justness, one standard up and one standard down. Scientologists are expected to tell the truth to their organization seniors and expected to tell lies to their juniors, or customers, or wogs. The rationale for the double standard is that Scientology is at war. Because the war for Scientology and Scientologists has gone on for so long, they have told lifetimes of lies and fair gamed a whole world of wogs. They have black PRed and fair gamed me since 1981. At this time, however, in large part because of the internet, wogs in great number are waking up to the war being waged on them by Scientology, and are waking up to just what this organization's actual nature, intentions, actions and products are. Scientology is known across the world as a criminal cult, and virtually any internet search engine produces "Scientology" as the number one item if a search is made for "criminal cult" or "crime cult."This Court should not be used to support Scientology's unhealthy and now hopeless effort to keep wogs unware of their war.

35. During the time he ran Scientology, Hubbard created a global intelligence network of thousands of $cientologists, many of them very professional, dedicated to his war on wogs, which has always been kept largely covert and hence unknown. He patterned his intelligence system, he said, on the system of Reinhard Gehlen, former nazi spy chief. I was the Intelligence Officer under Hubbard on a Scientology ship, the Apollo, back in the 1970's. In the 1980's eleven

20

of the organization's intelligence hierarchy, including Hubbard's wife, were convicted and sentenced to federal prison for criminal espionage activities against the US government following a raid by 150 FBI agents on Scientology's intelligence bureaus in Los Angeles and Washington, D.C. Scientology, the organization, at its core, is an intelligence operation. The psychotherapy activity is a huge money-making operation and a source for intelligence. Intelligence works along side Scientology's other channels into the wog world: public relations, legal, finance, front groups, and all Scientologists. Scientology works on a principle of "total espionage," with every Scientologist involved and reporting "up lines" about the opposition and each other, and great attention and resources assigned to intelligence goals.

36. All Scientologists, in order to be Scientologists, at some point have to lie, and are trained to lie. There are some things all Scientologists lie about; e.g., Scientology's unworkability, or their intentions toward wogs. The matter before this Court has become an internationally discussed perfect example of Scientology's and Scientologists' universal hypocrisy. The " Creed" of Scientology states:

"We of the Church believe:

That all men of whatever race, color or creed were created with equal rights;

That all men have inalienable rights to their own religious practices and their performance;

That all men have inalienable rights to their own lives;

That all men have inalienable rights to their own sanity;

That all men have inalienable rights to their own defense;

That all men have inalienable rights to conceive, choose, assist or support their own organizations, churches and governments;

That all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others;

That all men have inalienable rights to the creation of their own kind;

That the souls of men have the rights of men;

21

That the study of the mind and the healing of mentally caused ills should not be alienated from religion or condoned in nonreligious fields;

And that no agency less than God has the power to suspend or set aside these rights, overtly or covertly.

And we of the Church believe:

That man is basically good;

That he is seeking to survive;

That his survival depends upon himself and upon his fellows and his attainment of brotherhood with the universe.

And we of the Church believe that the laws of God forbid man:

To destroy his own kind;

To destroy the sanity of another;

To destroy or enslave another's soul;

To destroy or reduce the survival of one's companions or one's group.

And we of the Church believe that the spirit can be saved and that the spirit alone may save or heal the body."

L. Ron Hubbard, Founder

While Scientologists say they believe that all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others, they are all beneficiaries of the Scientology organization's multimillion dollar and unlawful effort to silence me, and punish me for communicating. If adherence to the "creed" of Scientology would make Scientologist a Scientologist, then I am more of a Scientologist than every other claimed Scientologist since I more closely adhere to the "creed." Scientology and Scientologists can always change their creed to make it conform with their actual beliefs, intentions and actions, or they can change their intentions and actions to make them conform to the "creed" in which they say they believe. Scientology and Scientologists justify their clear hypocrisy with what is true for them, that they are at war with wogs. I do not want to silence any of the Scientologist beneficiaries. To the contrary, I believe that all men have inalienable rights to think freely, to talk

22

freely, to write freely their own opinions and to counter or utter or write upon the opinions of others, and that is precisely what I do, as all my communications for which Scientology wants me punished demonstrate. Since it is by any logical, human standard I who am the Scientologist among false Scientologists, I cannot legally be silenced about my sincerely held beliefs by a cult of false Scientologists whose "beliefs" are not held at all. More importantly, no court in the US has the authority to say who or what is a Scientologist, and what any Scientologist, whether a sincere or fake Scientologist can say about Scientology and his or her experiences therewith and therein.

37. The truth is, Scientology doesn't work. There is no clear or OT, despite people paying millions of dollars, and taking years of their lives, to get there. IQs don't go up a point per hour. Scientologists aren't, as Scientology teaches, automatically more aware, intelligent, able, ethical than wogs, or better than wogs in any way, just by being Scientologists. And they aren't smarter or better after doing everything in Scientology which can possibly be done. In my opinion, Scientology's separation of people into two false groups, the superior Scientologists with their superior "technology" and the inferior wogs with no technology, will be corrected, simply because it is false, and then their war on wogs will end. In the meantime, wogs should not by any wog court be left defenseless to the anti-wog justice and anti-wog Scientology organization. I speak for all wogs in this war, because not all wogs speak, and many do not even know that the war on wogs exists. It would be very wrong for this Court to order me to desert my fellow wogs with this war raging. My message to Scientologists is that the only difference between us is that I know we're just the same. When Scientologists get that message then there will be peace between us. Until then it makes no human sense to gag the wog being warred on.

38. Scientology calls itself a religion, and seeks the protections and privileges the US and California Constitutions, law, government, the IRS, and history confer on religions. Scientology claims that because it has acquired "religious status" it is permitted to make false promises, e.g., about the "states" of "clear" and "OT." Scientology claims that it is organized solely for religious purposes and that its activities in its war on wogs are religious activities, and antisocial policies such as fair game and using the law to harass are " religious scriptures." Scientology claims that in countries where it has not acquired religious status Scientologists are

23

persecuted because of their "religious beliefs." Scientology participates actively in US Congressional bills to pressure and censure other countries for their "religious persecution" of Scientologists. Wilson supplemental declaration, Exhibit 107 is a posting of 30 December, 1999 to a.r.s regarding Senate Resolution 230 IS, which Scientology was behind, to have Germany censured for its claimed "religious discrimination" toward Scientologists. I believe there is right now a similar Congressional bill pending which is being pushed by Scientology. Yet in no other place than in California in the United States can a person be jailed and fined for mentioning Scientology or his "religious experiences" in Scientology. In truth, it is Scientology which is the religious persecutor. Because this is so clearly the reality in Scientology's treatment of me, the organization's efforts to use this wog Court to punish me for speaking about my "religious experiences" are known about and watched closely in those countries which know Scientology to be a criminal cult. If Scientology is not a religion then it is a gargantuan fraud, about which this Court could also not lawfully silence anyone. This Court has a perfect opportunity to send to the world the reasoned message that California too will no longer be a place where Scientology, whether religion or fraud, can use the wog justice system to persecute its designated religious or non-religious targets.

39. For what Scientology is trying to do in this Court to be lawful, it would mean that someone could also be lawfully silenced about any other religion and his religious experiences. Someone could be silenced, or jailed and fined, for saying the word "Christianity," or "God," or discussing his Christian experiences. Someone else could be silenced about the Koran, Mohammed, Allah and the person's experiences in Islam. Of course these scenarios would be in no circumstances lawful in the United States. And neither must be this crazy Scientology idea of binding people to silence about that "religion" and their "religious experiences," and getting wog courts to enjoin people from discussing these things, and jail and fine them if they don't.

40. Similarly, the Injunction and " settlement agreement" prohibitions against assisting adversaries of Scientology is unlawful, even if Scientology was not at war with wogs, because it impermissibly discriminates against a religious class, or classes. It would be equal to Jews prohibiting people from assisting gentiles, or gentiles prohibiting people from assisting Jews, or

24

"believers" prohibiting people from assisting "non- believers," even though the Jews and gentiles and the believers and non-believers might not be at war with each other. US courts simply cannot lawfully use their powers to enforce such "contracts." If the prohibition of assistance is lawful according to "religious" criteria, people could equally lawfully be prohibited by judicially enforced "contract" from assisting black people, or white people or Asian people according to a racial criterion, or female people according to a gender criterion, or old people according to an age criterion. Since any such "contract" would be unlawful, and so must be the Scientology "contract" conditions which prohibit my assisting wogs or SPs, who are determined by "religious"criteria.

41. All my communications concerning Scientology and my experiences in and with the organization are intended to promote, support and achieve the reformation of its antisocial, abusive, dangerous and irreligious practices. The Lisa McPherson Trust provides a list of reforms it seeks in Scientology's behavior, which I support completely:

"The Lisa McPherson Trust started operations in Clearwater, Florida on January 6, 2000. It was formed after decades of exhaustive investigation by media and government agencies as well as firsthand accounts from hundreds of former Scientologists. For more than twenty-five years there have been outcries that the Church of Scientology abandon its abusive and deceptive practices. But until now, there has been no formal organization committed to stopping these abuses. The Lisa McPherson Trust was established for that purpose, and we continue to demand that the Church of Scientology make the following reforms:

--Tell their members and the public the truth about the life of Scientology founder L. Ron Hubbard.

--Tell their members and the public the truth about the history of Dianetics and Scientology.

--Cease all illegal, unethical and harassing activities against their own members and those who criticize or disagree with Scientology.

--Revoke the policies and practices that violate the civil and human rights of Scientologists and those who criticize or disagree with Scientology.

25

--Revoke the policy of practicing medicine without a license and preventing people from receiving proper medical treatment.

--Stop using and abusing the legal system as a means of harassment.

--Stop keeping the technology of Scientology secret if it truly has the power to help the human race.

--Encourage Scientologists to speak freely among themselves. Urge them to communicate with family and friends, even those who may disagree with Scientology. End the practice of "disconnection."

--Revoke the policy and practice of using private and personal material from confidential counseling sessions to blackmail, harass and intimidate.

--Stop using duress to extract exorbitant sums of money from their members.

The Lisa McPherson Trust firmly believes in religious freedom for all. But we do not believe that anyone has the right to engage in behavior that violates other people's rights or the laws of the land. Scientologists have every right to participate in the world's religious community in practicing their sincerely held religious beliefs. However, Scientology needs to cease its abusive and deceptive practices." (Ex. C hereto)

In my opinion, courts in the US cannot in any way prohibit the legal reforming of a "religion," and cannot legally by Injunction so prohibit me. This Court certainly will not itself participate in reforming a religion, other than by refusing here to enforce Scientology's unlawful order, but this Court also cannot prohibit citizens from so participating. And prohibiting citizens from legally reforming a religion, exactly what I have done with every word I've spoken, would be an unlawful order.

42. Scientology cannot legally or illegally keep the lid on my story. Scientology is a global controversy, and no one can be silenced about a global controversy. See, e.g. the October 2, 1999 posting to a.r.s. of a report of a raid of 25 Scientology locations in Belgium. (Wilson Supp.Dec. Ex. 89) Scientology has tried to shudder me into silence so it could rewrite its dark history into brilliant white by black PRing me, and in response I have produced a body of writings

26

and talks of my experiences, knowledge, opinions and random literary thoughts. There are many web sites on the internet where my words and my Scientology-related experiences are available. What has been written and webbed will only grow. Scientology continues actively to black PR me to wogs and Scientologists, media, governments, law enforcement and the internet community. Scientology maintains its own hate site on me, a true and correct copy downloaded from the internet is appended hereto as Exhibit [L]. Scientology uses an image of this Court's warrant for my arrest to give authority to its black propaganda on its hate site.(Ex. L. warrant) Scientologists and agents employed by Scientology have posted thousands of black PR attacks on me in internet newsgroups. My case, testimony, writings and story will continue to be used around the world because Scientology's war on wogs isn't over. Scientology has only succeeded, by trying to silence me, when it is impossible, in making more of my words available to wogs and Scientologists alike.

  43. Scientology says that this Court doesn't need my presence to find me in contempt. Neither does it need my presence to find the Injunction unlawful. If the Court finds the Injunction lawful according to the laws of California and the United States, I will stay in Canada where I believe such an injunction is unlawful. In Canada, additionally, Scientology is well known as a criminally convicted organization. I will, as I do now, oppose Scientology, and I will oppose California and the US as I do now for permitting and enforcing the organization's Injunction. If the Court finds the Injunction unlawful according to the laws of California and the US, I will have only Scientology to oppose. I am doing as many blacks did during the time racial slavery was lawful in the US. They traveled to Canada to live in freedom, at least until slavery was found to be unlawful in the US and they could return. A slave would be crazy to return from freedom to where slavery was lawful and he would again be enslaved. I am not Scientology's slave.

43. [sic]I ask, on the basis of the facts and evidence I have presented and the arguments I have made here, the complete record in this case, on the laws of California, the United States and God, on logic, wisdom and humanity, that this Court deny Scientology's motion, declare the Injunction unlawful, cancel the two earlier contempt orders, and withdraw the warrants issued for my arrest in California.

27

I declare under penalty of perjury pursuant to the laws of the State of California, the United States of America, British Columbia and Canada, that the foregoing is true and correct.

Executed this 9th day of January, 2001 at Chilliwack, B.C.

[signed]___________________________
Gerry Armstrong

28

Exhibit [A]
Appellant's Opening Brief

Exhibit [B]
Wilson Declaration 06-05-1997

Exhibit [C]
Lisa McPherson Trust Mission Statement

Exhibit [D]
HCO PL 10-18 -1967 PENALTIES FOR LOWER CONDITIONS Copyright 1967 L. Ron Hubbard

Exhibit [E]
Bent Corydon v. Church of Scientology International
NOTICE OF MOTION AND MOTION OF DEFENDANT AUTHOR SERVICES, INC. TO DELAY OR PREVENT THE TAKING OF CERTAIN THIRD PARTY DEPOSITIONS BY PLAINTIFF

Exhibit [F]
Excerpts from Scientology's 1023 Tax Exempt Application

Exhibit [G]
283 Cal.Rptr.917

Exhibit [H]
Armstrong Declaration 01-26-1997

Exhibit [I]
Subpoena in RTC v. Ward [ .pdf ]

Exhibit [J]
Wilson letter 01-24-1997

Exhibit [K]
Brainwashing in Scientology's Rehabilitation Project Force (RPF), by Stephen A. Kent

Exhibit [L]
Warrant 08-06-1997
Warrant 05-15-1998

See also: Scientology's "Extremist" site