CHURCH OF SCIENTOLOGY INTERNATIONAL,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant

Case No. CV 021632

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

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

PLAINTIFF CSI'S MATERIAL FACTS AND SUPPORTING EVIDENCE

1. On December 6, 1986, CSI and defendant Armstrong entered into a Mutual Release of All Claims and Settlement Agreement ("Agreement") in the case entitled Church of Scientology International v. Armstrong, Case

DEFENDANT ARMSTRONG'S MATERIAL FACTS AND SUPPORTING EVIDENCE

1. Disputed. In December 1986, Armstrong was brought to sign the subject “contract” by threat from the persons and entities comprising the “contract’s” Scientology-related “parties,”“releasees” or “beneficiaries,” hereinafter

No. C 420153. In consideration, Armstrong made various covenants, including the following contained in paragraph 7(D) of the Agreement:

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

PLAINTIFF’S EVIDENCE:

1. Exhibit A to Plaintiff's Complaint; Wilson Decl., ¶2, Exhibit A thereto; Wilson Decl., ¶3, Exhibit B thereto, Defendant's Answer, at ¶2:5-7; ¶14:17-22.

“beneficiaries,” and by fraud perpetrated by these “beneficiaries” against him. The quoted excerpt from paragraph 7(D) contains conditions that unlawfully deprive Armstrong of basic, vital rights and privileges secured to him by the U.S. Constitution and laws in violation of 18 U.S.C. §241.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶6-15, Exs. A-D, F, K; “contract,” Wilson Decl. Ex. A; Armstrong’s Answer, Wilson D

2. Several years later, plaintiff filed several breach of contract actions against defendant Armstrong which were consolidated in this Court in the case entitled Church of Scientology International v. Armstrong, Case Nos. 152229 and 157680 ("Consolidated Action").

PLAINTIFF’S EVIDENCE:

2. Wilson Decl., ¶¶4-5, Exhibits C and D thereto, Complaints filed in Church of Scientology International v. Armstrong, Case No. 152229 and Church of Scientology International v. Armstrong, Case No. 157680; Wilson Decl., ¶3, Exhibit B thereto at ¶¶2:5-7; 2:28-3:1.

2. Undisputed, but irrelevant, except as those “several breach of contract actions” constitute acts in furtherance of crimes against Armstrong, specifically violations of 18 U.S.C. §241.

ARMSTRONG’S EVIDENCE

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

3. In the Consolidated Action, plaintiff CSI sought liquidated damages pursuant to the terms of the Agreement, as well as injunctive relief to prevent any future breaches of the Agreement by defendant Armstrong, including breaches of paragraph 7(D) of the Agreement.

PLAINTIFF’S EVIDENCE:

3. Wilson Decl., ¶¶4-5, Exhibits C and D thereto, Complaints filed in Church of

3. Undisputed, but irrelevant, except that such liquidated damages impermissibly act as intimidation and punishment in violation of 18 U.S.C. §241 and §242, and such seeking of such liquidated damages and injunctive relief against Armstrong, and efforts of any kind to prevent Armstrong from doing any of the things he has done or might do, constitute acts in furtherance of violations of 18 U.S.C. §241 and §242.

ARMSTRONG’S EVIDENCE

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

Scientology International v. Armstrong, Case No. 152229 and Church of Scientology International v. Armstrong, Case No. 157680; Wilson Decl., 3, Exhibit B thereto at ¶¶2:5-7; 2:28-3:1.

A, B; Complaint Marin No. 152229, Wilson Decl. Ex. C; Complaint Marin No. 157680, Wilson Decl. Ex. D.

4. Armstrong, represented by counsel, cross-complained against plaintiff in the Consolidated Action challenging the validity of the Agreement on a number of grounds, including violation of the First Amendment, duress and abuse of process.

PLAINTIFF’S EVIDENCE:

4. Wilson Decl., ¶6, Exhibit E thereto, Certified copy of Armstrong's Cross-Complaints in the cases entitled Church of Scientology International v. Armstrong, Case No. 152229 and Church of Scientology International v. Armstrong, Case No. 157680.

4. Undisputed, but irrelevant. Moreover, only a copy of Armstrong’s Cross-Complaint in Marin No. 157680 formed Scientology’s Exhibit E. This is confirmed in Wilson Decl. ¶6, which states:

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

The Cross-Complaint in Marin No. 157680 had a single cause of action for abuse of process.

ARMSTRONG’S EVIDENCE

Wilson Decl. ¶6, Ex. A, E.

5. On October 17, 1995, following a motion for summary adjudication of issues brought by CSI against defendant Armstrong, this Court entered an Order of Permanent Injunction in the Consolidated Action adjudicating the following:

"1. Plaintiff and defendant freely and

5. Undisputed but irrelevant, except as such Order of Permanent Injunction is an instrument and act in furtherance of the beneficiaries’ crimes against Armstrong, specifically violations of 18 U.S.C. §241 and §242, and except as such Injunction contains clear misstatements of material fact to Armstrong’s detriment evidencing judicial malfeasance.

voluntarily entered into a Mutual Release of All Claims and Settlement Agreement in December, 1986.

2. Plaintiff performed all of its obligations pursuant to the Agreement.

3. Defendant Armstrong received substantial consideration for the promises which he made in the Agreement.

4. Since 1990, defendant Armstrong has repeatedly breached paragraphs 7(D).

9. Defendant Armstrong has reiterated numerous times that he intends to continue breaching the Agreement unless he is ordered by the Court to cease and desist . . .

10. Plaintiff's legal remedies are inadequate insofar as the scope of the relief ordered below is concerned . . .

Accordingly, the Court finds that entry of a permanent injunction in this action is necessary in this action because pecuniary compensation could not afford the Church adequate relief, and the restraint is necessary in order to prevent a multiplicity of actions for breach of contract."

Thereafter, the Court permanently enjoined defendant Armstrong from "doing directly or indirectly any of the following":

"Facilitating in any manner the creation,

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 23, 30, Ex A, K; Wilson Decl. Ex. A, B, F, H-J.

publication, broadcast, writing, filming audio recording, video recording, electronic recording or reproduction of any kind of any book, article, film, television program, radio program, treatment, declaration, screenplay or other literary, artistic or documentary work of any kind which discusses, refers to or mentions Scientology, the Church and/or any of the Beneficiaries (which includes plaintiff herein, CSI); 5. Discussing with anyone, not a member of Armstrong's immediate family or his attorney, Scientology, the Church, and/or any of the Beneficiaries (including CSI.)."

PLAINTIFF’S EVIDENCE:

5. Wilson Decl. ¶7, Exhibit F thereto, Order of Permanent Injunction dated October 17, 1995, entered in Church of Scientology International v. Armstrong, Case No. 157680.

6. On May 2, 1996, the Order of Permanent Injunction was incorporated into a judgment against defendant Armstrong.

PLAINTIFF’S EVIDENCE:

6. Wilson Decl., ¶8 and Exhibit G thereto, May 2, 1996 Order of Permanent Injunction issued in the Consolidated Actions of Church of Scientology International v. Armstrong, Case No. 152229 and Church of Scientology

6. Undisputed and irrelevant, except as such Injunction and Judgment are instruments and acts in furtherance of crimes against Armstrong, specifically violations of 18 U.S.C. §241 and §242.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 14, 23, 27, Ex A; Wilson Decl. Ex. A, B, F, G.

International v. Armstrong, Case No. 157680; Answer of Gerry Armstrong Answer, 2:5-7.

7. Thereafter, on or about November 13, 2000, plaintiff applied Ex Parte to the Court in the Consolidated Action for an Order to Show Cause why defendant Armstrong should not be held in contempt for violating the October 17, 1995 Order of Permanent Injunction for engaging in 131 breaches of the October 17, 1995 Injunction.

PLAINTIFF’S EVIDENCE:

7. Wilson Decl.9, Exhibit H thereto, Ex Parte Application for Order to Show Cause Re: Contempt and supporting documents thereto.

7. Undisputed and irrelevant, except as such application for an Order to Show Cause why Armstrong should not be held in contempt for doing whatever he did that constituted “engaging in 131 breaches of the October 17, 1995 Injunction” is an instrument and act in furtherance of crimes against Armstrong, specifically violations of18 U.S.C. §241 and §242.

ARMSTRONG’S EVIDENCE

Armstrong Decl., 2-5, 23, 28, 30, Ex A, K; Wilson Decl. Ex. A, B, F, H, I.

8. These 131 postings are written publications in which he discusses his and others' experiences in the Church of Scientology and he makes mention of and discusses information he has concerning the Church of Scientology.

PLAINTIFF’S EVIDENCE:

8. Wilson Decl., ¶2 and Exhibit A thereto, the Mutual Release of All Claims and Settlement Agreement; Wilson Decl., ¶3, Exhibit B thereto, Defendant's Answer, ¶15:4-5, ¶ 16:8-17, ¶¶27-30:2, ¶35:21-24, ¶ 48:12, 22-26.

8. Undisputed, but irrelevant, except as any efforts to prohibit Armstrong from writing, publishing or otherwise uttering such statements, or to punish him for having written, published or otherwise uttered such statements, constitute acts in furtherance of crimes against Armstrong, specifically violations of 18 U.S.C. §241 and §242. The 131 postings are written publications of Armstrong’s religious beliefs concerning his religious experiences and religious knowledge in exercise of his religious freedom.

ARMSTRONG’S EVIDENCE

Armstrong Decl., 2-5, 26-29, Ex A, K; Wilson Decl. Ex. A, B, F, H, I.

9. Defendant Armstrong was given an opportunity and did file an opposition to the Ex Parte Application, asserting the same arguments he proffered earlier in the Consolidated Action.

PLAINTIFF’S EVIDENCE:

9. Wilson Decl., ¶10 and Exhibit I thereto, Armstrong's Opposition to Order to Show Cause.

9. Disputed in part, and undisputed in part, but irrelevant. Scientology has not provided any evidence to support the conclusion that Armstrong asserted the same arguments he proffered earlier in the Consolidated Action. Armstrong asserted some arguments that were similar, and some that were completely different.

ARMSTRONG’S EVIDENCE

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

10. On July 13, 2001, the Court issued its decision in an Order of Contempt, finding that defendant Armstrong had, in fact, violated the terms of the Injunction by engaging in 131 breaches of the Agreement which are at issue here:

Petitioner (CSI) has shown that: (1) During the period of February 20, 1998 to July 10, 2000, ARMSTRONG made a total of 131 postings on the Internet, each of which violated one or more provisions of the Injunction ... ARMSTRONG did not deny these violations. In his January 9, 2001 declaration under penalty of perjury, ARMSTRONG stated, "I have violated Scientology's Injunction thousands of times since former Marin County Superior.

Court Judge [Gary Thomas] signed it in October, 1995."

10. Undisputed, but irrelevant, except as such Order of Contempt is an instrument and act in furtherance of crimes against Armstrong, specifically violations of 18 U.S.C. §241 and §242.

ARMSTRONG’S EVIDENCE

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

PLAINTIFF’S EVIDENCE:

10. Wilson Decl., 11 and Exhibit J thereto, Order of Contempt issued in the Consolidated Action dated July 13, 2001.

11. ARMSTRONG has admitted committing the 201 breaches of contract alleged in the First Cause of Action.

PLAINTIFF’S EVIDENCE:

11. Wilson Decl. ¶3 and Exhibit B thereto, Answer of Gerry Armstrong at 14:8-28

11. Undisputed, but irrelevant, except as any efforts to prohibit Armstrong from writing, publishing, uttering or doing any of the things that comprise the 201 breaches of contract alleged in Scientology’s First Cause of Action constitute acts in furtherance of crimes against Armstrong, specifically violations of 18 U.S.C. §241 and §242. All of Armstrong’s actions, writings, publications or other utterances that comprise said alleged 201 breaches of contract are expressions of Armstrong’s religious beliefs concerning his religious experiences and religious knowledge in exercise of his religious freedom.

ARMSTRONG’S EVIDENCE

Armstrong Decl., ¶¶2-5, 26-29, Ex A, B, K; Wilson Decl. Ex. A, B, F, H-J.

ADDITIONAL DISPUTED FACTS

Armstrong's Claim: Scientology is not entitled to summary judgment because: 1. Scientology obtained Armstrong's signature on the subject “contract” by duress; 2. Scientology obtained Armstrong's signature on the subject “contract” by fraud; 3. the contract’s liquidated damages condition is unreasonable and impermissibly acts as a penalty; 4. Scientology's hands are unclean in this transaction and Scientology is therefore barred from obtaining the relief it seeks; 5. Armstrong has forty-four live, valid Affirmative Defenses that Scientology has not even addressed in its motion; 6. one of Armstrong’s live, valid Affirmative Defenses is freedom of religion; 7. The “contract’s” conditions that Scientology seeks to enforce are impossible to perform; 8. Scientology’s “contract,” duress and fraud to get

Armstrong to sign, Scientology’s lawsuits, summary adjudication and summary judgment motions, injunction, judgment, contempt orders and arrest warrants to enforce the “contract” against Armstrong and Scientology’s extra-judicial Fair Game against Armstrong constitute acts in furtherance of a crime.

ISSUE NO. I

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

12. Scientology founder L. Ron Hubbard ordered, and Scientologists accept as true, that there is a class of citizens called “Suppressive Persons or “SPs,” who are the most evil people in the world, destructive, criminal, and deserving no mercy or rights. Hubbard called Scientology’s policy for treatment of SPs “Fair Game,” and provided examples and types of Fair Game to be applied to SPs in various policy letters or directives. In his policy letter “Penalties for Lower Conditions,

Hubbard wrote:

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

13. Scientology declared Armstrong to be a “Suppressive Person” right after he left the organization in December 1981 and has considered him an SP and Fair Gamed him ever since. He has studied Scientology for thirty-five

years and have acquired a great deal of knowledge of and experience in this field, particularly regarding the Suppressive Person Doctrine and the philosophy, methodologies and application of, and defense to Fair Game.

14. Scientology is extremely wealthy, possessing an estimated billion dollars in liquid assets. It is a global enterprise employing intelligence operators and operatives, private investigator thugs, high powered and low ethics attorneys, and thousands of aggressive mind controlled fanatics to carry out its attacks against people declared Suppressive Persons like Armstrong. Scientology has a history of criminality, publishes policies calling for crimes against people, and trains its personnel to implement and execute those policies.

15. Hubbard published a policy letter entitled “Battle Tactics,” in which he wrote:

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

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

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

16. Armstrong studied this policy letter inside Scientology, and is familiar with its implementation inside and outside Scientology. The “enemy” Hubbard refers to and orders be attacked is the class of citizens that Scientology declares to be “Suppressive Persons” or “SPs.” The kinds of attacks on SPs and their lives and livelihoods that Hubbard orders in this policy letter are forms of Fair Game; e.g., waging a war of total attrition on people, expending the maximum of these people, making the war costly on them, cutting off people’s communications, funds and connections, depriving them of political advantages, connections and power, raiding and harassing them, turning public opinion into a frenzy of hate” against them, degrading these people’s image to beast level, and going all the way in and obliterating them. This policy letter is claimed by Scientology to be “religious scripture,” and must be obeyed by Scientology’s members and agents.

17. Scientology reissued the “Battle Tactics” policy on September 24, 1987.

entitled “Office of Special Affairs Executive Directive 508R, Investigations Officer Full Hat Checksheet” which is a checksheet for a training course and manual for personnel in the Intelligence Bureau of the Office of Special Affairs or “OSA.” OSA is the arm and operation in the global Scientology enterprise set up to deal with public relations, legal and intelligence matters. OSA and all of Scientology are run by one David Miscavige, who succeeded Hubbard as supreme director of the enterprise after Hubbard’s death in 1986. The OSA checksheet requires that its intelligence personnel study and pass an oral examination on “Battle Tactics” and requires that these personnel demonstrate “5 examples of the following stable datum:”

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

“Stable datum” is a Scientology term meaning the one datum from which a whole body of knowledge is built, the datum which keeps the entire body of knowledge from falling apart, the datum on which all other things in a subject aligned. Total attrition of Suppressive Persons, never getting reasonable about SPs, and going all the way in and obliterating them, is vital to the “body of knowledge” that is Scientology.

Doctrine, and in execution of the Fair Game policy, Scientology’s agents have, among other crimes or torts, assaulted Armstrong, run into him bodily with a car, terrorized him on the freeway, threatened to put a bullet between his eyes, staked out his home, framed him with crimes, brought false criminal charges against him, secretly and illegally videotaped him, broke into his car and stole his documents plus irreplaceable artwork, disseminated his confidential psychotherapy records, terrorized him now for twenty-two years, and subjected him to a vicious global black propaganda campaign. Scientology has waged a war of total attrition on Armstrong that continues to this day, and seeks to go all the way in and obliterate him, to expend him, to make Scientology’s war costly on him, to cut off his communications, funds and connections, to deprive him of political advantages and power, and to raid and harass him. Scientology and those persons serving its malevolent purposes have pumped out a river of black propaganda to degrade his image to beast level, and to turn public opinion into a frenzy of hate against him.

20. At the time of the December 1986 “settlement,” Armstrong’s attorney Michael Flynn told him that if he didn’t sign Scientology’s “contract,” Scientology would continue to Fair Game him, Flynn and his family, the other Scientology victims that Flynn represented, and Fair Game anyone else Scientology wanted. Armstrong knew very well what Fair Game was, and understood very well the terrible threat that Scientology was making. The burden on Armstrong was unbearable.

ISSUE NO. II

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

21. Flynn also communicated to Armstrong that if he signed Scientology’s “contract” Scientology promised it would end Fair Game forever against Armstrong, Flynn, his family, clients, and everyone else in the world.

22. Immediately following Armstrong’s signing, however, Scientology continued to Fair Game him and Fair Games him to this day. Scientology’s acts against him in execution of the Fair Game policy following his signing of the “contract” include, but are not limited to, distributing edited perverse versions of illegal, secretly made videotapes of him, filing sworn statements about him in legal proceedings falsely accusing him of

crimes, threatening him on multiple occasions, filing false criminal charges against him, assaulting him on three occasions, carrying out a massive global black propaganda campaign against him, forging his signature to hate postings to the Internet, spying on him, more secret videotaping of him, terrorizing Armstrong and his friends on the freeway, terrorizing them with a phony bomb threat, obtaining unlawful court orders against Armstrong including the Marin Superior Court’s summary adjudication and summary judgment orders, injunction, judgment, contempt orders, and arrest warrants, and by seeking “judicially” and extra-judicially to deprive him of his rights and privileges secured to him by the U.S. Constitution and laws.

23. Had Armstrong been made aware that Scientology intended to and would continue to Fair Game him after he signed its “contract” he would never have signed. If he had been aware that the “contract” could possibly be interpreted by a sitting California Superior Court Judge to be a license to Scientology to Fair Game him, to assault, spy on, terrorize, black PR, frame, jail, war on and obliterate him, and punish him if he responded, Armstrong would also never have signed Scientology’s “contract.”

24. When Armstrong objected to Flynn about the contract’s conditions that on their face deprived

Armstrong of certain basic rights and privileges, Flynn assured him that those conditions were “not worth the paper they’re printed on,” that these conditions were “unenforceable,” and that Armstrong couldn’t “contract away [his] Constitutional rights.”

25. Unbeknownst to Armstrong at the time of the “settlement,” Flynn entered into a “contract” with Scientology that according to Flynn requires that he not assist Armstrong in any way if Scientology Fair Games him, which Scientology has done.

ISSUE NO. III

Armstrong's Claim: The contract’s liquidated damages condition is unreasonable and impermissibly acts as a penalty

26. Because of Flynn’s assurance that the “contract’s” liquidated damages provision was not worth the paper it was printed on, there was absolutely no negotiation by Armstrong with Scientology, or even via Flynn with Scientology, regarding liquidated damages and no discussion whatsoever regarding their reasonableness. It was completely understood by Armstrong at the time of the settlement that the liquidated damages condition and amount were utterly unreasonable. He is certain that they are just as unreasonable today, and, he believes, even more unreasonable given the now obvious conclusion that this liquidated damages condition, its enforcement by

Judge Thomas, and every way in which it has been used by Scientology against Armstrong and against others, constitute acts in furtherance of serious civil rights crimes

27. The actual monetary damage caused to the Scientology “beneficiaries” by each of Armstrong’s utterances is zero. Scientology has never produced one shred of evidence to support any claim that damages are otherwise. Scientology lawyer Wilson has admitted that the damages from an extremely large utterance, thirty-one pages of letter and documents to the members of the Los Angeles City Council is “negligible at best, more likely nil.”

28. At the time of the “settlement,” Scientology was a billion dollar enterprise, whereas Armstrong had no money whatsoever and no bargaining power. Scientology had hundreds of lawyers, whereas Armstrong’s lawyer had been compromised by Scientology to the point that he was pressuring Armstrong on Scientology’s behalf to sign the “contract” to have Fair Game end against Flynn and his family, assuring Armstrong that Scientology would end Fair Game forever if he signed, and also insisting that the liquidated damages condition was not worth the paper it’s printed on.

ISSUE NO. IV.

Armstrong's Claim: Scientology's hands are unclean in this transaction and Scientology is therefore barred from obtaining the relief it seeks

29. On January 23, 1997 Armstrong was served with a subpoena for production of documents by defendant Grady Ward in the case of Religious Technology Center v. Ward, U.S. District Court for the Northern District of California, Case No. C-96-20207 RMW.

30. On January 24, 1997 Armstrong received a fax letter from attorney Wilson stating that the documents that Ward sought were “within the purview of the December 6, 1986 Settlement Agreement and, hence, the various interlocutory orders and judgment in [ ] Marin Superior Court No. 157 680,” insisting that Armstrong refrain from producing the subpoenaed documents before a motion could be heard, and claiming that Scientology’s “contract” “requires no less.”

Armstrong took this letter from Wilson, who did not advise Ward of what was happening, to be a threat and an improper tampering with a subpoenaed witness.

31. Armstrong wrote a declaration, executed January 26, 1997, and sent it to the U.S. District Court Judge presiding over the Ward case to advise him of the threat from Wilson.

1997 and traveled to Canada because of his discovery on the Internet of a submission from Scientology to the Internal Revenue Service in response to the IRS’s Form 1023 Request, in which submission Scientology included several pages of black PR lies on him. While he was in Canada, and without notice to him of any kind, Scientology, represented by attorney Wilson, got Judge Thomas to sign an order of contempt, fining and jailing Armstrong for sending his declaration about the Wilson threat to the U.S. District Court Judge presiding over the Ward case. The Wilson threat letter and the order of contempt, jail and fine for reporting the threat against Armstrong to the Federal Judge constitute acts in violation of 18 U.S.C. §1512, “Tampering with a Witness, Victim, or an Informant.”

33. It is obvious to Armstrong that Wilson knowingly used intimidation, threatened and corruptly attempted to persuade him, with intent to influence, delay and prevent his testimony in the official Ward proceeding. Armstrong had a right to report Wilson’s threat by declaration to the Federal Judge presiding over the case in which the threat occurred, and had a duty to report this threat and federal felony, pursuant to 18 U.S.C. §4, "Misprision of Felony."

34. Nowhere in the contempt order that Judge Thomas signed is there any mention of Wilson’s threat letter, which is what caused Armstrong to send his declaration to the judge on the Ward case.

35. After getting Judge Thomas to sign the unlawful contempt order, Scientology then used this order to unlawfully get Armstrong’s appeal from the injunction and judgment of the Marin Superior Court dismissed. Using Judge Thomas’s unlawful contempt order, attorney Wilson insisted, on behalf of Scientology, that Armstrong was not entitled to maintain his appeal because of the fugitive disentitlement doctrine.

ISSUE NO. V.

Armstrong's Claim: Armstrong has forty-four live, valid Affirmative Defenses that Scientology has not even addressed in its motion.

36. Armstrong pled in his answer to Scientology’s complaint forty-four affirmative defenses.

37. Scientology did not file a demurrer or a motion to strike any of Armstrong’s defenses in this case.

38. Scientology has not provided any evidence in its motion for summary judgment that there is no merit to all or any of Armstrong’s affirmative defenses, has not disposed of any or all of these defenses, or even identified the forty-four affirmative defenses for potential disposal.

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

Scientology’s Separate Statement.

ISSUE NO. VI.

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

39. Armstrong possesses, has always possessed, and cannot lawfully but possess a right guaranteed

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

by the First Amendment to the U.S. Constitution to the free exercise of religion that permits him to make and have made all of the utterances he has ever made about Scientology or the “beneficiaries.” Armstrong has written about this right to freedom of religion, and necessarily this affirmative defense to Scientology’s complaint, hundreds of times in hundreds of pages in different legal pleadings, declarations and other public statements.

40. The only appearance of the word “religion” or “religious” in Scientology’s motion, separate statement and Wilson declaration, is to identify the plaintiff as a “nonprofit religious corporation.” Any mention of this whole subject and affirmative defense, and any mention of JudgeThomas’s having previously dealt with this subject and defense, is completely missing from Scientology’s moving papers.

40. Armstrong Decl. ¶26, Wilson Decl., Scientology’s Motion for Summary Judgment, Separate Statement

41. Judge Thomas’s refusal to deal with the religious issue and the free religious exercise defense, when these were squarely and voluminously before him in Armstrong’s oppositions to Scientology’s earlier summary adjudication and summary judgment motions, is compelling evidence of judicial malfeasance

41. Armstrong Decl. ¶26, Ex. A, K, Marin Clerk’s Record on Appeal in Appeal No. A075027; Armstrong’s Opening Brief in Appeal No. A075027.

42. All of the communications Armstrong has made that Scientology claims violate its “contract” and for which it seeks here by summary judgment $10,050,000.00 and other monetary damages are Armstrong’s religious expression of his religious

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

beliefs about a subject and entity that calls itself a religion. Armstrong made all of these listed utterances that comprise his religious expression of his religious beliefs after Judge Thomas gave Scientology its injunction and judgment, and these utterances conveyed and constituted Armstrong’s religious expression of his religious beliefs at the time he made them. Judge Thomas had retired before Armstrong made his religious expressions of his religious beliefs that constitute elements in his affirmative defense of free religious exercise to Scientology’s pending breach of contract claims.

43. Scientology has provided no evidence whatsoever to completely dispose of or even deal with these material facts. Scientology has not shown that Armstrong’s religious expression is not his religious expression, that his religious beliefs are not religious beliefs, and that Scientology is not a religion.

43. Armstrong Decl. ¶27, Wilson Decl., Scientology’s Motion for Summary Judgment, Separate Statement

44. To attempt to prevent, as Scientology is doing in this Court, by “contract,” by summary judgment, injunction, judgment, contempt orders and arrest warrants, the religious expression of a person’s religious beliefs, about, in this case, a “religion,” constitutes a clear violation of 18 U.S.C. §241. Scientology’s complete refusal to deal with or even mention the issue and clear defense of religious exercise in the summary judgment motion is evidence of the “beneficiaries’” guilty knowledge that what Scientology is doing constitutes a crime, and that

Scientology has no lawful way to defeat or even deal with the defense of religion, because any effort to defeat the defense of freedom of religion, given all that has happened between Scientology and Armstrong in the past twenty-two years, and what has happened in this Court in the litigations between Scientology and Armstrong in the past twelve years, constitutes another criminal act in violation of 18 U.S.C. § 241.

45. Armstrong is a Christian, Scientology is antichristian, and Armstrong has a ministry that involves defending Christianity and Christians from Scientology predations and fraud.

46. Armstrong is a Prophet to Scientologists who brings them God’s Word as directed.

47. Armstrong is the founder and head of the Church of Wogs (CoW) ® which is a global faith dedicated to protecting wogs from Scientology defamation and persecution. “Wogs” is the term Scientologists use for non-Scientologists, and is a racial epithet both inside and outside Scientology equivalent to “niggers.” Armstrong is a wog. His utterances about Scientology and wogs constitute religious scripture.

48. Armstrong is the founder of the Suppressive Person Defense League, dedicated to uniting SPs, defending SPs against beastification, attack and menace, and bringing SPs to stand up to Scientology. Armstrong is an SP. Suppressive Persons form a religious class and minority persecuted by Scientology, Scientologists and

their agents. It is clear to Armstrong that to prevent him, an SP, from assisting his own people and class against being beastified, attacked, menaced and obliterated by Scientology is no different from preventing a Jew from assisting his own people and class, the Jews, against being beastified, attacked, menaced and obliterated by, e.g., a Nazi cult. Seeking to prevent Armstrong, by “contract,” threat and punishment from such assistance to or association with his fellow Suppressive Persons is a clearly unlawful purpose and an obvious violation of 18 U.S.C. §241. Judge Thomas’s abetment of Scientology’s efforts to prevent Armstrong from assisting or associating with his own people and class against being beastified, attacked, menaced and obliterated constitutes an obvious violation of 18 U.S.C. §242.

ISSUE NO. VII.

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

49. Armstrong has a need every day that cannot be altered or denied to communicate about Scientology to people. Scientology will view as Suppressive Persons or Suppressive Groups any person or company that might hire him, will run intelligence operations against those persons or companies, will seek through operations and attacks against those person or companies to cut

off Armstrong’s communications, funds and connections, to deprive him of advantages and power, to raid and harass him, and to obliterate him, and to cut off his potential employer’s communications, funds and connections, to deprive his employer of advantages and power, to raid and harass his employer, and to obliterate his employer.

50. Armstrong has a legal duty therefore to disclose his knowledge of Scientology, his experiences, his beliefs and anything else that would explain what the threat Scientology is and would be to any potential employer. Even to get welfare, Armstrong must send out his resume to all sorts of companies disclosing his knowledge of the threat to them that Scientology would be if any person or company hired him.

ISSUE NO. VIII.

Armstrong's Claim: Scientology’s “contract,” duress and fraud to get Armstrong to sign, Scientology’s lawsuits, summary adjudication and summary judgment motions, injunction, judgment, contempt orders and arrest warrants to enforce the “contract” against Armstrong and Scientology’s extra-judicial Fair Game against Armstrong constitute acts in furtherance of a crime.

51. Armstrong has filed a Complaint Report consisting of a sworn declaration executed February 16, 2004 with the Department of Justice Civil Rights Division. The Complaint Report identifies a number of U.S. Federal crimes being committed against Armstrong and others by the

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

persons comprising the individual “parties,”“releasees” or “beneficiaries” of the “contract” that underlies this breach of contract case. The “contract” states that these individuals comprise every director, officer, employee, volunteer, agent, assign or lawyer of every Scientology corporation, organization or affiliated entity, which includes plaintiff Scientology corporation herein, and which are also “parties,” “releasees” or “beneficiaries” of the subject “contract.”

52. The criminal acts identified in the Complaint Report relate to and are in furtherance of a global, twenty-two year long, continuing violation of 18 U.S.C. §241, “Conspiracy Against Rights,” which states in pertinent part:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;... They shall be fined under this title or imprisoned not more than ten years, or both.

The subject “contract” is an instrument in and evidence of that criminal conspiracy, and all of the “beneficiaries’” efforts to enforce said “contract,”

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

including judicially using the Marin Superior Court, are unlawful acts in furtherance of said criminal conspiracy.

53. The Marin Superior Court, most particularly in the person of former Judge Gary W. Thomas unlawfully abetted the Scientology “beneficiaries’” 18 U.S.C. §241 conspiracy, including by granting to said Scientology “beneficiaries,” a series of summary adjudication and summary judgment motions against Armstrong, by the signing of contempt orders against Armstrong for said Scientology “beneficiaries,” and by issuing warrants for Armstrong’s arrest on behalf of said Scientology “beneficiaries.” These actions by Judge Thomas were not supported by logic, law, equity or justice and constitute a gross and ongoing violation of 18 U.S.C. §242, “Deprivation of Rights Under Color of Law,” which states in pertinent part:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both.

53. Armstrong Decl. ¶4 Ex. A, K, Wilson Decl. Ex. A, Court record in Marin Superior Court Case Nos. 152229 and 157680.

Armstrong by the U.S. Constitution and laws, which the Scientology beneficiaries, in violation of 18 U.S.C. §241, have conspired to injure, oppress, threaten, and intimidate him in the free exercise or enjoyment of, and the rights and privileges which Judge Thomas deprived Armstrong of, in violation of 18 U.S.C. §242, include, but are not limited to: right to the free exercise of religion; right to freedom from slavery; right to freedom of speech; right to self-defense; right to freedom of association; right to due process; right to communicate with or petition government agencies; right to report crimes; litigant’s privilege; doctor-patient privilege; clergyman-penitent privilege.

Gerry Armstrong