David Kluge

David Kluge

David Kluge

Mark Rathbun: The Juggernaut (May 28, 2013)

 

Chapter Twenty-One

THE JUGGERNAUT  1 2

Juggernaut:   in colloquial English usage is a literal or metaphorical force regarded as mercilessly destructive and unstoppable.   – Wikipedia

For all of his alleged faults, L. Ron Hubbard was a keen observer and writer on the human condition. He once noted that “the bank follows the line of attack.”   “Bank” is Scientologese for the reactive mind, the stimulus-response portion of the mind that seeks destruction of others for survival of self.   With the devastating strike upon Ron and Scientology delivered in Los Angeles, all roads to L. Ron Hubbard’s bunker led through Flynn and Armstrong. It seemed that anyone with a score to settle was drawn like a magnet to the duo. Those combined forces took on the appearance of an overwhelming juggernaut.

The DOJ duplicated Flynn’s latest legal tactic: ask courts in Scientology litigation to order the church to produce L. Ron Hubbard as the “managing agent” of the mother church. Flynn assisted the DOJ to procure sworn declarations from his growing stable of former high-level official witnesses in support of the move.

David Mayo, the expelled former auditor to L. Ron Hubbard and erstwhile top technical authority in Scientology, had created a thriving Scientology splinter operation in Santa Barbara, California. Former high-level messengers – including two former Commanding Officers of CMO Int (Commodore’s Messenger Organization International) served as executives of his operation.   Until the Armstrong affair, they had steered clear of the L. Ron Hubbard-bashing Flynn/ FAMCO circles. But by 1984 they were supplying declarations to the DOJ and Flynn in support of their motions to compel Hubbard into depositions in lawsuits across the country.

Breckenridge’s Armstrong case decision, bolstered by a dozen declarations by former Hubbard messengers and aides, made the allegation of Hubbard’s “managing agent” status virtually uncontestable. Miscavige and Broeker were clearly established as the last links to Hubbard, but they could not provide countering declarations because it would subject them to depositions – which would lead Hubbard’s enemies directly to him.

Worse, the Breckenridge decision destroyed any chance of winning, in courts across the U.S., our vast array of pending motions to dismiss Flynn’s lawsuits on the basis of First Amendment rights to freedom of religion. The twenty-one-page Breckenridge indictment was devastating to our three years of expensive efforts at positioning much of the Flynn litigation for pre-trial dismissal.

Worse still, the decision pumped new life into what we thought by then to be criminal investigations losing steam. The Internal Revenue Service’s Criminal Investigation Division (CID) had been actively investigating the church, as well as LRH, Pat and Ann Broeker, David Miscavige and other church officials as named targets for criminal charges. Until the Breckenridge decision we had kept the CID somewhat at bay through litigation combatting their summons power, and a team of lawyers attempting to negotiate with IRS counsel and DOJ officials. But our intelligence lines were reporting that the LA-based CID group was once again gearing up to indict Hubbard and his aides.

The Ontario Provincial Police had, after their March, 1983 raid, steered clear of targeting Hubbard. Now they were reconsidering, in light of the outcome of the Armstrong case.

Our intelligence network reported that Gerry Armstrong was feeling drunk with power, given the sudden attention he’d received and his new importance in the anti-Scientology community. It seemed Armstrong and Flynn had worked their way up to being the axle to which all anti-Scientology spokes were linked. Per reports, Armstrong was talking of bringing all Scientology’s enemies together in a concerted effort to take over the church. The man who had prevailed in his case because of his alleged “fear for his life” was beating his chest and promising to take the very life of our church, and convert all its assets to outside control.

Our only shot at staving off indictments against LRH across North America, and of keeping him out of the couple of dozen pending lawsuits was to take out the axle and so depower its spokes. It was this desperate state of affairs that drew me directly into the shadowy world of intelligence. Throughout his litigation Armstrong had remained in periodic communication with a Scientologist who knew a thing or two about intelligence. Dan Sherman had published a number of spy novels, and had struck up an acquaintance with Armstrong. Armstrong looked up to Sherman and envied his literary success and intelligence acumen. Armstrong believed that Sherman – like so many other Scientologists during the tumultuous early eighties – was disaffected with the church and no longer considered himself a member. In fact, Sherman was cultivating a friendship with Armstrong in order to glean intelligence from him about the enemy camp. Up through the trial their communications were infrequent and mundane.   All that changed when Armstrong became an overnight anti-Scientology sensation. Because of Armstrong’s newly won stardom, Sherman began giving him more face time. Armstrong began sharing some of the details of his activities as a coordination point for all camps inimical to the church, from the Ontario Provincial Police, to the IRS CID, to the DOJ, to the Mayo splinter movement. Armstrong asked Sherman to see whether he could locate some church insiders who might aid in a take-over coup inside the church.

Gene Ingram and I concocted a rather elaborate game plan.   Gene would tap one of his old LAPD comrades to obtain written permission to covertly video record conversations with Gerry Armstrong. Technically, it was a lawfully given permission since we had a witness attesting that Armstrong was suggesting taking over and destroying the church by questionable means.

Gene obtained a recreational vehicle which had a wide rear window with reflective coating, making it one-way vision. A high-powered camera could record what was going on outside without being seen. We planned to record meetings with Armstrong to obtain evidence showing that not only was he not afraid for his life, he in fact was a well-backed aggressor and an operative of government agencies out to get Scientology. After taking circuitous routes to lose any possible tails, Sherman and I met Ingram in the RV in Long Beach. We worked out every detail of Sherman’s cover. We would bring in a former GO operative and have Sherman introduce him to Armstrong as a church insider, plotting the overthrow of the Miscavige regime and willing to play ball with Armstrong, Flynn and their government allies. That would hopefully prompt Armstrong to repeat and elaborate on some of the provocative takeover and take-down ideas he had alluded to in earlier conversations.

The chosen venue for the meetings was Griffith Park, inside LAPD jurisdiction and with plenty of opportunities for positioning the RV to capture the action. Sherman met with Armstrong and whetted his appetite. He told him he had made contact with an ally who had a number of well-placed contacts, currently on staff in the church. He told Armstrong he could only be identified by his first name, Joey, for security purposes. Joey was formerly of the Guardian’s Office and was connected to a number of former GO people who were bitter about being ousted by Miscavige, and sympathetic to Armstrong and the Mayo splinter movement.   Armstrong was visibly overjoyed at this opportunity gratuitously falling into his lap.

Sherman arranged a meeting between Armstrong and Joey to take place on a park bench in Griffith Park. Joey wore an audio wire which transmitted the conversation back to the RV, parked a hundred yards away and video recording the event. Armstrong and Joey both wore sunglasses; both attempted to look as nonchalant as could be, as they introduced themselves.

Joey explained that there was serious disaffection within the church, and a forming cabal of veteran staff ready to take out Miscavige and the current management. He called this cell the Loyalists. Armstrong was clearly excited, and believed Joey’s cover – no doubt because of Sherman’s story-telling skills and credibility with Armstrong.

Armstrong shared with Joey the master plan, which he represented as his brainchild, along with Michael Flynn. He explained that the plan was backed by the Ontario Provincial Police, the DOJ and the IRS. Flynn would prepare a lawsuit on behalf of the Loyalists, asking the Attorney General of California to take the church into receivership on their behalf. The DOJ, FBI, and IRS would conduct a raid on church premises to get fresh evidence of illegalities, in support of the Loyalist action. The raid would be coordinated to coincide with the filing of the receivership action.   The public relations fallout and the possible arrests of leaders would all but cripple the church.

Joey played his role well, feigning fear and nervousness that Armstrong could make good on the government back-up. In order to prove his representations, Armstrong opened a notebook and started naming his government contacts, representing that each was briefed, coordinated and ready to roll with the plan. He cited the following agents as close personal friends and in constant contact and coordination with him and with Flynn:

Al Ristuccia – Los Angeles office of the IRS Criminal Investigation Division

Al Lipkin –  Los Angeles office of the IRS Criminal Investigation Division

Richard Greenberg – U.S. Department of Justice, lead counsel in defending civil litigation brought by the church against DOJ, FBI and IRS

Tom Doughty – DOJ associate of Greenberg

Al Ciampini – Ontario Provincial Police

Armstrong provided Joey with phone numbers for each, including home numbers for some – and urged Joey to get in touch with his team members from these agencies.

Over time, Armstrong told Joey that the IRS CID was the most active government participant, and served as the main coordination point between agencies. He told Joey the CID agents had been briefed about Joey and the Loyalists, and were excited and supportive. The CID would grant them informant status, offer immunity for any crimes they might commit in assisting the government, and had even talked of providing safe houses for insiders. Armstrong then asked   Joey to get his contacts to go into church files and find evidence of illegalities, so that the IRS and DOJ would know where to search. Joey then brought into the mix someone whom Gerry had known from his Sea Org days.   Mike Rinder was a Commodore’s Messenger who had once worked directly with Ron.   He was then heading up the U.S. branch of the Office of Special Affairs.   Joey introduced Mike to Gerry.   Mike reported to Gerry that the files were relatively clean – there were no big smoking-gun documents being created after the 1977 FBI raids. At this point Armstrong’s macho bravado provided what would be our greatest defense against the indictments being issued against Hubbard, Miscavige, et al.   Armstrong suggested that the Loyalists create evidence of illegalities and plant them in church files for the IRS and DOJ to find in a raid, and use against church officials.

All of Armstrong’s representations about government conspiracies to take down church leadership and close down the operation were duly recorded.

David Miscavige was ecstatic with the results. He had me make a presentation of the evidence to a team of criminal lawyers, assembled to represent L. Ron Hubbard, Miscavige, Pat Broker and Lyman Spurlock (Hubbard’s accountant at ASI) to prevent IRS CID indictments and convictions – the potential charges we took most seriously. These attorneys – most from white-shoe Washington, D.C. law firms – were scaring the hell out of Miscavige. They were suggesting the IRS CID case was so serious that they recommended working a deal with the IRS for Miscavige and Spurlock to do time in halfway houses, so as to prevent indictment of Hubbard.   At the root of the IRS CID case was the evidence of millions of dollars of church monies being funneled to Hubbard through fraudulent means. And at the heart of the case would be the infamous MCCS taped conference in which church attorneys and staff acknowledged the fraudulent nature of the transfers.

My presentation horrified the team of criminal attorneys. They were hired because of their conservative, Reagan administration contacts. They did not want anything to do with such an aggressive investigative move.   They were concerned about the propriety of the means Ingram and I had utilized to obtain the evidence, and thought it would reflect badly on their own reputations. One attorney who represented Miscavige personally took me aside, though. He said he did not know how to use it at the moment, but that the evidence I had obtained would ultimately save the day for Hubbard, Miscavige and the church.   Gerald Feffer was the former Assistant Deputy Attorney General for taxation during the Carter administration. He was becoming a dean of white-collar criminal case dismissal prior to indictment. He would become a senior partner in the venerable D.C. law firm Williams & Connally.   Gerry told me to work with some of our more aggressive civil counsel to figure out a way to make the information public, and he would use it to make the IRS criminal case go away.

Another disclosure from the Griffith Park meetings cut to the quick with both Miscavige and me. Armstrong had told Joey that another Department of Justice player was in on the grand plan to close down Scientology: Bracket Deniston III. Armstrong said that Deniston was not investigating to find out who attempted to pass Hubbard’s check, and he was not investigating the evidence we had provided to him.   Instead Deniston was out to nail our investigator, Gene Ingram. Deniston had represented to Armstrong that he was setting traps to nail Ingram and the church for attempting to frame Flynn with purchased evidence.

This was particularly disconcerting, given events in the check investigation while all this Armstrong business was going down.   After I had been ordered out of Boston by Deniston, I had been lured back in by a man being prosecuted by his office. Larry Reservitz had been charged in a case very similar to the one involving LRH’s check. One of Reservitz’s connections who had access to Bank of New England records had used his access to fraudulently transfer money from random accounts to Reservitz. While under indictment, Reservitz reached out to me for the $ 10,000 reward we had previously advertised in the New York Times, claiming he had inside information on the Hubbard case and could identify the inside man at BNE. We had a number of phone calls and several meetings attempting to negotiate the deal. The jockeying was due to my suspicion that Reservitz was shaking us down, and I was searching for facts that would indicate he knew what he was talking about. Reservitz was continually attempting to characterize my questioning as an attempt to make the deal an exchange of cash for handing us Flynn.

In the meantime, Robert Mueller, Denniston’s superior and head of the Boston U.S. DOJ office fraud division, had flown to Italy to visit Ala Tamimi. He bought Tamimi’s retraction of his original statement in exchange for dropping a number of outstanding indictments the DOJ had pending against Tamimi for a variety of fraudulent schemes he had previously executed. I attempted to confront Mueller with what we had learned, but he refused to meet with me. Deniston outright denied that any visit or deal had been carried out by Mueller. In either event, Tamimi’s retraction caused Miscavige to turn up the heat to get me to turn up fresh evidence of Flynn’s involvement in the crime.

I was caught between a rock and a hard spot. Miscavige wanted Flynn at any cost.   Yet I felt that Reservitz might be attempting to frame me for attempting to frame Flynn.   I walked a tight rope between pursuing the investigation to Miscavige’s required degree of aggressiveness, and not stepping over the line with Reservitz. I even visited the Boston FBI agent in charge of the Hubbard check investigation, Jim Burleigh.   I pointedly accused Burleigh of having covertly made a deal with Reservitz to attempt to sting me.   Burleigh brought in another FBI agent to witness his categorical denial that the FBI or DOJ had made a deal with Reservitz: “We would never cooperate with the likes of Larry Reservitz.” Deniston likewise denied that Reservitz was working for the DOJ.   Still, I had my suspicions, particularly when we learned Deniston had become pals with Armstrong and Flynn.

With the sharks circling in and our waning confidence in our civil lawyers (having their heads handed to them in the Armstrong case) and criminal lawyers (advising Miscavige that he resign himself to doing time, at least in a halfway house), Miscavige ordered I find a new breed of lawyer. He wanted someone tough as nails, not some nervous Nellie.   He wanted someone who could figuratively kick Flynn’s butt in court, and scare the hell out of his DOJ and IRS backers. After an exhaustive nationwide search and many candidates eliminated, I thought we had finally found our man – in, of all places, Boston.

Earle Cooley was bigger than life.   He was a big, red-haired knock-off of L. Ron Hubbard himself. His gravelly voice was commanding. His wit was sharp. He was perennially listed in The Best Trial Lawyers in America.   He could spin a yarn that charmed judges and juries and took easy, great pleasure in viciously destroying witnesses on cross examination.   After I had interviewed Earle and reported to Miscavige, I arranged for us to watch Earle in action.   Miscavige and I flew out to Boston to see Earle perform in a high-profile art theft trial. We saw him decimate a seasoned criminal government informant so thoroughly on cross examination that the fellow, in a trademark Cooley expression, “didn’t know whether to shit or wind his watch.” Earle’s client – whom the government had dead to rights, and who was as unsympathetic a defendant as could be – was acquitted by the jury.   We had found the horse for the course.

Earle was like a breath of fresh air to Miscavige.   He took a similar black-and-white view of matters – we are right and good, the enemy is wrong and bad. Miscavige had long since lost his patience and his tolerance for our teams of civil lawyers and the civil-rights-experienced civil-rights-experienced opinion leaders among them. He referred to them as the “pointy heads,” short for “pointy-headed intellectuals.”   To him, our only problem was our counsels’ timid, second-guessing, defensive frames of mind.   And Earle reinforced that view.   Cooley attended a few civil litigation conferences with our other counsel. He ruffled their feathers by readily agreeing with Miscavige’s simplistic sum-up of what was wrong and the solution to it, aggression. The existing lawyers’ nervous objections and eye-rolling reactions to Earle’s sermons only reinforced Miscavige’s view.   “They are nothing but a pack of pussies,” he regularly groused to me; “what we need is for Earle to sink his teeth into those Flynn witnesses and that’ll be the end of this nonsense.”

Miscavige was nothing if not resilient. While never giving a hint that the overridingly important goal was the attainment of All Clear, by late 1984 it was quite evident to all involved that we were fighting an entirely different battle now. It was a fight for survival. We were desperately staving off the barbarians storming the walls of whatever compound L. Ron Hubbard might reside behind. It was evident too that Hubbard himself might have quit fighting – we no longer received any dispatches from him about the legal front. He was only sporadically sending ASI advices concerning his personal business, and to the church about Scientology matters. Miscavige had a team feverishly marketing Hubbard’s new science fiction books, the Mission Earth series. He was putting just as much pressure on church marketing folks to market Dianetics: The Modern Science of Mental Health, the broad public re-release of the 1950 book that had launched the entire movement.   All titles were making it back onto the New York Times bestseller lists.   So the incongruity created another level of cognitive dissonance. How could government officials across the continent be so feverishly pursuing a man who was so wildly popular with the public at large?   It would be years before I would find out that the sales were given a mighty boost by teams of Scientologists sent out to bookstores to buy them in bulk.   In the meantime, Miscavige was adept at keeping me and the troops motivated, inferring that we were buying Ron time to bail out the church’s disastrous public image and to complete his final researches at the highest levels of Scientology.

With Miscavige’s solving of the “why” behind our failures to attain an All Clear – i.e., the outside lawyers’ blatant counter-intention to Hubbard’s advices on using the enemies’ tactics against them, only more cleverly and more aggressively – our defeat-battered hopes were rehabilitated. Earle Cooley, the great Scientology hope, would soon be unleashed.

Notes

  1. Rathbun, Mark (2013-05-28). Memoirs of a Scientology Warrior (pp. 255-64).
  2. GA: I mentioned Rathbun’s Chapter 21, which he titles “The Juggernaut,” in a recent letter to Dan Sherman. http://gerryarmstrong.ca/archives/1082 The whole chapter is Rathbun’s spin on the Armstrong Op, or more specifically the 1984 Griffith Park videotaping part of the op. The operation, which was clearly concocted to use or misuse the videos for nefarious purposes after the videotaping, still continues. Rathbun’s book shows the op continues by continuing it. Even though he calls it a memoir, and recounts different events or incidents in his Scientology career that appear unrelated to the op, the whole book is his spin on it. The book is also a fantastic late act, one more contemptuous fair game nastiness in the same old sick op.

    Most importantly at this time, Rathbun’s spin, and his facts propelling it, are virtually identical to the spin and facts the Miscavige Scientologists give to their description of these events in their black propaganda publications, in their filings in their legal proceedings, in their submissions to the IRS, or to governments and people around the world. The difference is that Rathbun says Miscavige ran and runs it all, and Miscavige and his corporate underlings either do not say or say the same thing.

Declaration of Gerry Armstrong (March 7, 2006)

[…] 1

28. Scientology leaders had used the same Ken Hoden in a similar attempt in 1985 and 1986 to have me prosecuted by the Los Angeles District Attorney on charges

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that the organization itself manufactured. Scientology ran a covert operation on me from 1982 through 1984 involving a writer Dan Sherman whom organization leaders operated to befriend me, get close to me, and set me up in a series of secretly recorded and videotaped meetings with other covert agents. Mr. Sherman and the other agents claimed that there were people inside the organization who wanted to reform it and stop Fair Game, but they were afraid for their lives and so sought out my help. The other agents David Kluge and Michael Rinder, pretending to be reformers, attempted to entrap me into the commission of crimes, without success. The recordings were made without my permission or knowledge and were illegal, and were in no way evidence of what Scientology claimed they were. Nevertheless, Scientology edited the recordings and used Mr. Hoden and others to try to get the LA DA to prosecute me, as well as my attorney Michael Flynn. Appended hereto as Exhibit C is a true and correct copy of the letter dated April 25, 1986 from LA DA to Mr. Hoden, et al. fortunately refusing prosecution or further investigation of Scientology’s claims.2 Scientology claimed that its covert videotaping operation was legal because it was authorized by the LA PD. As mentioned above, a Scientology agent had paid an LA PD officer at least ten thousand dollars for a series of phony “authorizations” to wiretap and eavesdrop on Mr. Flynn and me. Appended hereto as Exhibit D is a true and correct copy of a public announcement of April 23, 1985 from the LA Chief of Police denouncing the “authorizations” as not from the LAPD3 Despite the scathing denouncement from the Chief of Police, and the corrupt officer being suspended from

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the LA PD, Scientology has continued to this day to justify its unlawful entrapment operation and the false charges it sought with the lie that the videotaping was approved by the LA PD.

29. At the time he attempted to have me prosecuted on Scientology’s trumped up charges, Mr. Hoden was part of the organization authorized and directed to handle or treat or Fair Game SPs. Scientologists in such positions are expected to lie, including under oath, to obstruct justice, and do what is necessary and can be gotten away with to harm the people organization leaders want harmed, like Mr. Henson and me. I believe that Mr. Hoden was used specifically in the efforts to have us prosecuted because he has been willing to lie, testify falsely or otherwise Fair Game us, whereas other Scientologists might not be so willing. I believe that my knowledge of Scientologists lying and testifying falsely as a practice, and specifically Ken Hoden lying, to have the organization’s SP victims prosecuted and jailed or otherwise harmed, was very relevant in Mr. Henson’s terrorism case, and if the jury had heard that testimony he would have been found not guilty on all counts.

30. The scriptural principle given by founder Hubbard that Scientology is following in its actions in the legal arena against people like Mr. Henson and me states:

The DEFENSE of anything is UNTENABLE. The only way to defend anything is to ATTACK, and if you ever forget that, then you will lose every battle you are ever engaged in, whether it is in terms of personal conversation, public debate, or a court of law. NEVER BE INTERESTED IN CHARGES. DO,
yourself, much MORE CHARGING, and you will WIN. And the public, seeing that you won, will then have a communication line to the effect that Scientologists WIN. Don’t ever let them have any other thought than that Scientology takes all of its objectives.4

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The charges that the Scientologists and their agents who execute the Suppressive Person doctrine bring against their SP victims are often false charges. Scientology sought to have me falsely charged by the LA PD in 1982 for theft. In 1985 and 1986, as shown above, Scientology tried to have me prosecuted by the LA DA. In 1985 and 1986 Scientology tried to have me prosecuted by the FBI in Boston on a charge Scientology manufactured that I had impersonated an FBI officer.5 In 1992 through 1994, Scientology sought to have me punished for contempt of court on false charges. In 1997, Scientology was successful, as shown above, in having me punished with a fine and jail for reporting the organization’s threat to me after I was subpoenaed. In 1998, Scientology was successful in having me fined and ordered to jail for twenty-six days for expressions expressed in Canada and Germany.6  In 2001, Scientology was again successful in having me found in contempt of court for more religious expressions in Canada.7 In 2001, Scientology also sought to get me in trouble with the FSB, the Russian intelligence service that succeeded the KGB, and tried to have me picked up by U.S. agents in Moscow.8 In 2002, Scientology sought to have me charged by the Ekaterinburg, Russia prosecutor on the basis of false statements by Scientologists that I had trespassed in their office in that city. In 2004 and 2005 a Scientology agent leased an office across the street from my apartment in Chilliwack, B.C. Canada, spied on my wife throughout that period, and tried to trick us into making a video recording to later be used against us.9

31. I am convinced that Ken Hoden and any Scientologists who testified that they were frightened by Keith Henson possibly bombing them or hurting them in any way are lying as part of a conspiracy run by Scientology’s leaders to deprive him of his rights in violation 18 U.S.C. § 241, and in violation of other state and federal criminal statutes. What Scientology is trying to do in silencing me judicially and

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extra-judicially demonstrates the same, and the list of beneficiaries of Scientology’s efforts to deprive me of my civil rights shows that the conspiracy is organization-wide. Since Scientology is demonstrably inter alia a criminal conspiracy against rights, Mr. Henson has every justification in the world to interfere with the conspiracy, even if the conspirators call their conspiracy religion.

[…]

Notes

Declaration of Gerry Armstrong (February 20, 1994)

Find a Better Basket

I, Gerald Armstrong, declare:

1. I am making this declaration in response to allegations made by Scientology organization leaders, attorneys and agents in court proceedings and public media around the world concerning a 1984 organization intelligence operation targeting me, which has been called the “Armstrong Operation.” I am copyrighting this document prior to its use in court because it will, in addition to putting the organization’s allegations into a proper context, form an outline for a screenplay I am writing. It is my story.

2. After I left the organization at the end of 1981, the organization intelligence bureau assigned Dan Sherman, a Los Angeles spy story writer and intel operative, to get close to me and become my friend, which he did. I had been the intelligence officer on board the “Apollo” with the organization’s founder and supreme leader L. Ron Hubbard, had studied his intelligence policies and Guardian’s Office 1 intelligence materials, had an

1

appreciation for that literary genre, and I was myself a writer, so Sherman and I had a real basis for a real friendship.

3. Sherman told me he was no longer involved in Scientology, wanted nothing to do with it, saw it as a personal waste of time, and also saw that its leaders were ruthless and dangerous, and claimed to be afraid of them finding out that he was friends with me. Sometime in 1982 or 1983 he told me that he was still in communication in a limited way with some of his old friends still in the organization. He described these friends as smart, reasonable and not fanatics. They were still Scientologists and worked on staff, but felt that organization leaders were criminals. Having no allegiance to these leaders, Sherman’s friends would occasionally tell him about conditions inside and their desire to end the organization’s criminal activities. They said the conditions inside were oppressive and chaotic and they were at risk even talking to him because sec checks2 were rampant.

4. During the 1984 trial of the organization’s case against me, Church of Scientology of California and Mary Sue Hubbard v. Gerald Armstrong, Los Angles Superior Court no. C 420153 (“Armstrong I“), Sherman told me that one of these friends, whom he called “Joey,” had told him that there was an

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actual group inside the organization who were dedicated to reforming it because management had become suppressive. They called themselves the “Loyalists,” claiming to be ” loyal” to the preservation of the ideals of Scientology, “what worked.” They also recognized that its leaders were criminal, crazy, dangerous, and not dedicated to those ideals but were acting to destroy them. The “Loyalists” wanted to take control in a well-planned, effective and peaceful action before some tragedy happened. They claimed to know of criminal activities and a key part of their plan was the documenting of these activities.

5. Sherman said they were 35 in number, or at least there were 35 who knew they were “Loyalists,” all smart, reasonable and not fanatics. Some of them were his old friends from B-1. Such persons tended to be smart, reasonable and often were not fanatics. The people whom I knew to be, including Hubbard, the organization leaders, prided themselves on their recognition of unreasonableness as a virtue, and maintained an abiding fanaticism to justify their abuses and keep their positions of power. Sherman was smart and gave every appearance of being reasonable and unfanatical. He said the Loyalists knew he was in communication with me and wanted to talk with me but were afraid for their lives. This was not surprising to me because I knew from my own experiences that the organization had a brutal side and its leaders were dangerous, armed and desperate. Thus the first communications with the Loyalists were a few messages relayed by Sherman. They said that I had a proven record against

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the organization, that my integrity had been unshakable and they wanted my help.

6. A few days after the Armstrong I trial ended, Joey, who, I later learned, was actually one David Kluge, made the first direct contact with me, a phone call to my home in Costa Mesa, California. He said the Loyalists knew I wanted my pc folders,3 was the head of the Guardian Office for years and among other things, authored the infamous order ‘GO 121669’ which directed culling of supposedly confidential P.C. files/folders for the purposes of internal security.” “The practice of culling supposedly confidential ‘P.C. folders or files’ to obtain information for purposes of intimidation and/or harassment is repugnant and outrageous. The Guardian’s Office, which plaintiff [Mary Sue Hubbard] headed, was no respector of anyone’s civil rights, particularly that of privacy.”]4 that my folders were being moved on a certain day and that I could get them if I wanted. I told Kluge that even though the folders were mine the organization would claim, if it was discovered I had them, that I was accepting stolen property, so I had to decline his offer. I was also already booked, on the same day the Loyalists said they would get me my pc folders, to fly to London to testify in a child custody case5 involving

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Scientology, and I told Kluge that I couldn’t change my plans.

7. When I returned from the UK, where, incidentally, I had been harassed by a pack of English private investigators working for the organization, Kluge reestablished contact, and I communicated with him or Sherman several times over the next few months. I was happy to be in communication with them, because I’m happy to be in communication with anyone, and my relationship with the Loyalists, who were admitted Scientologists, seemed a spark of hope in the seemingly hopeless and threatening Scientology situation.

8. I have believed and stated that when Scientologists have the freedom to communicate to the people their leaders label “enemies,” Scientology will cease to have enemies. The organization’s leaders prohibit their minions from communicating with me, thus I am their enemy. This prohibition is enforced with severe “ethics” punishment, which could easily include “declaring” the person who dared to communicate with me a “suppressive” person, thus making him the target of the organization’s philosophy and practice of opportunistic hatred Hubbard called “fair game.”

9. I had lost my law office job because of the Armstrong I trial, which really ran from April into June, 1984, and I did not get another job for some months, so had considerable time on my

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hands in the fall of 1984 to meet with Sherman and the Loyalists and do some of the things they wanted. I had begun to draw and write seriously during this period, and some of my writings concerned the Scientology battle and the Loyalists. My situation with the organization and the Loyalists was bizarre and psychologically traumatic, and this is reflected in my writings of the period. Thanks to, I believe, my growing faith in God I was given the gift of a healthy sense of humor and that too is a facet of my communications and writings during the period.

10. In late July, 1984 the organization fed to the media the story, and filed papers in various court cases, including Armstrong I, charging, that Michael Flynn, who had fought the organization’s fair game tactics for five years, who had been my friend and attorney for two years and had just successfully defended me in the Armstrong I trial, was behind a plot to cash a forged check for $2,000,000.00 on one of Hubbard’s accounts at the Bank of New England. Sherman and Kluge communicated that the Loyalists knew Flynn was not involved, and that the organization leaders knew Flynn was uninvolved but were framing him with the forgery. The Loyalists said that they were working inside the organization to acquire the proof of the frame-up, and that when they proved Flynn’s innocence they would be in a position to effectuate the reforms they sought. This was fine with me, because I fully believed that Flynn was innocent, and that the organization was framing him just to be able to attack him to eliminate the threat he represented to its antisocial practices

6

 

and nature.

11. Over the next few months Sherman and Kluge communicated with me regularly about the Loyalists’ progress in documenting the truth about the Flynn frame-up. They claimed that all staff were searched before they could leave OSA or management offices, so it was hard to get any documents out. Nevertheless, on a couple of occasions Sherman and Joey gave me a page or two that had been smuggled out. I learned that a US Attorney in Boston had become involved in the investigation of the frame-up, and I passed whatever I got from the Loyalists to him through Flynn.

12. One of the ideas which developed with the Loyalists in the early fall of 1984 was the possible filing of a lawsuit to take control of the organization from the “criminals.” I saw this as an idea with merit, and could be the effective action the Loyalists said they were looking for to avert a major organization tragedy. I told Flynn what they wanted and he drafted a “bare bones” complaint which I passed to them. Sherman, Kluge and I discussed the lawsuit concept on several occasions, both of them asking me for my ideas and I helped as I could within the limits of my knowledge, ability and imagination.

13. The Loyalists then began discussing with me finding a financial “backer” for their lawsuit, basing this need on the likelihood that the bringing of the suit would freeze organization accounts, and the Loyalists would need operating capital. They claimed that the leaders had lots of money they had skimmed from the organization and squirreled away in their

7

own bank accounts, and the Loyalists were all staff members and thus broke. I couldn’t help them with money, and knew of no one who might finance whatever they did, so they said that, because I understood the situation so well, and had a proven record, they wanted me to talk to and encourage some prospective backers with whom they were in touch. One day I got a call from Kluge, asking me to fly to Las Vegas to meet with such a person, a “rich Scientologist” who had been mistreated by the organization and was aligned with the Loyalists on their goal of reformation.

Although on Kluge’s instructions I purchased a plane ticket, I called off the trip before leaving because my lawyers warned me that I could be walking into a trap.

14. There were many times during this period when I considered the possibility that I was walking into a trap. The thought arose in all my meetings with Kluge, and later with Mike Rinder, the second Loyalist I would meet. Their communications often didn’t jibe with what they or Sherman had said on earlier occasions, and sometimes they said things which were downright stupid. I had no way of originating a communication to them, had no telephone numbers, no locations, no names, and no idea what any of them did. They had my address, phone number, knew exactly what I did, and could call me any time they wanted. They told me almost nothing, and wanted to know everything I knew. They claimed I had to be kept in the dark because of their fear for their lives, and for that reason I went along with their, even to me, strange behavior.

8

15. Because of their fear for their lives they depended on secrecy, duplicity and intelligence procedures and goals. Although I had been in intelligence in the organization and had the essential quality for the field; i.e., native intelligence, I had, after leaving the organization, come to the conclusion that Scientology’s brand of intelligence; i.e., the secret world of data, duplicity, stealth, hidden intentions and hidden identities, was ineffective, unhealthy, unholy, and not my choice for how I would make my way through life and deal with my problems. Even inside the organization, which is an intelligence-based group, I had urged those who were in positions to do something about it to open up, stop lying, disclose its leaders, divulge its secrets; because I felt that its lies, secrets, and secret orders from its secret leaders would only bring upon it more problems. After leaving the organization, a factor in my life which led to my faith in openness and freedom as opposed to secrecy and leverage, was all the testifying I did, in trial in Armstrong I and in B & G Wards, and in many days of depositions in several more Scientology-related cases. Also I knew that the organization’s leaders, who had an undeniable determination to harm me, possessed my pc folders which contained every embarrassing incident or thought in my life, and my lives back umpteen impossibillion years. These facts had resulted in a tendency in me at times during this period to not care what happened to me and to act a little wild and silly.

16. Sometime during 1984 it came to me that what I was

9

following, and what was a far superior technology and faith than intelligence, or perhaps perfect intelligence, was guidance. I had been given, before and after my asking, a desire to know my Creator, and I believe I received during this period some of His communications to me. Hubbard in his writings put no faith in his Creator, but put it in something of his own making, an intelligence apparatus in which he was the secret leader with secret bank accounts, secret communication lines, secret codes, secret intentions, and secret lawyers to keep them all secret. I had come to know God a little, and understood that no matter how scary things got I was in hands in which I was in no real danger. I could be shot, my body could be destroyed, I could be defamed and ruined, and I would still be in no real danger. And things did get scary for me in my dealings with Sherman and the Loyalists during this period. I picked up surveillance on a number of occasions, and there was the nagging strangeness of the Loyalists’ communications and the movie-like quality of this play in which I was being played with. I still retained my intellect and acted with good sense most of the time, but a shift was occurring in my mind and soul. I began to walk deliberately into danger, but I was also new at this approach to life, and as yet a little foolhardy and undisciplined, and these facts too are reflected in my writings and actions of the period.

17. Sherman’s and Kluge’s interest was intelligence and they didn’t want to hear much of my philosophy of guidance, courage and openness, so I turned my mind to the intelligence

10

game, and as always happens when I turn my mind to any subject, I had ideas. Some of these ideas I communicated to the Loyalists, some I wrote down, some were only funny. Our meetings had a secretive, spy story feel to them, partly because of the danger the Loyalists said they were in and the danger I was in anyone would say, partly because of the subject matter we discussed, and partly because of the settings in which we met. Sherman insisted that I couldn’t come to his home, so we met on many occasions in the bird sanctuary in Griffith Park. My first meeting with Kluge was in a cemetery in Glendale. I met him two more times in early November at different locations in Griffith Park, and then met with Rinder two times in late November at two more locations in the park.

18. Sherman told me around October, 1984 that the Loyalists had found a potential backer, a woman named Rene, another “rich Scientologist,” who he said had been horribly hurt by the organization. He said he knew her personally and considered her a good and trusted friend. He said that she owned a publishing company which printed calendars, that he had told her about my artwork and writing, and that she wanted to see some of my materials for possible publication. Following our first meeting in Griffith Park Kluge took me to the Sheraton Grand Hotel in downtown Los Angeles to meet her. I took along a file of some of my work and left it with her. In my meeting with her she wanted to know my perspective on the lawsuit idea and my thoughts on removing the organization’s criminal leadership.

11

19. While claiming that the Loyalists wanted to take legal action to bring about a safe transfer of power, both Sherman and Kluge also claimed that they didn’t know anything about legal matters, nor any of the organization’s litigations, and that there were other people higher up in the Loyalist network who were trained in legal, stayed abreast of the organization’s litigation battles, and had an understanding of the Loyalists’ legal options and an overview of their plan which Sherman and Kluge didn’t have. Coupled with their claimed need to keep me in the dark for fear of their lives, their assertions of ignorance of legal matters caused considerable frustration in me and in our communications. As a result, I requested in a number of communications to speak to their “best legal mind.”

20. Finally the Loyalists said that their legal expert would meet me and a rendezvous was set up, again in Griffith Park. The “legal expert” turned out to be Mike Rinder, a person I had known in the organization, who had held various lower level administrative posts. Rinder, it turned out, also professed ignorance of legal concepts, and my meetings and communications with him were even more frustrating.

21. Some time after my last meeting with Rinder, which occurred November 30, 1984, I received a phone call from Kluge, advising me that the Loyalists did not trust me and would not be communicating with me again. I then wrote them my final communication, a copy of which is appended hereto as Exhibit A6, and gave it to Sherman to give to them.

12

22. During my cross-examination7 in the spring, 1985 trial of Julie Christofferson v. Scientology, Circuit Court of the State of Oregon, Multnomah County, No. A7704-05184, the organization broke the fact that Sherman, Kluge and Rinder had been covert operatives, the Loyalists were invented, and that my meetings with Kluge and Rinder had been videotaped.8 The organization called the whole more than two year affair the “Armstrong Operation.” Organization lawyers, Earle Cooley and John Peterson, claimed the Armstrong operation had been authorized by the Los Angeles Police Department, and they produced a letter dated November 7, 1984, a copy of which is appended hereto as Exhibit B 9, signed by an officer Phillip Rodriguez, directing organization private investigator Eugene M. Ingram to electronically eavesdrop on me and Michael Flynn.

23. On April 23, 1985, Los Angeles Police Chief Daryl F. Gates issued a public statement, a copy of which is appended hereto as Exhibit C10, denying that the Rodriguez letter was a correspondence from the Los Angeles Police Department, denying that the Los Angeles Police Department had cooperated with Ingram, and stating emphatically that all purported authorizations directed to Ingram by any member of the Los Angeles Police Department are invalid and unauthorized. On information and belief, the officer, Phillip Rodriguez, who signed Ingram’s letter was paid $10,000.00 for his signature. Also on information and belief, following a Los Angeles Police Department Internal Affairs Division investigation and a Police

13

Department Board of Rights, Officer Rodriguez was suspended from the Los Angeles Police Force. Eugene Ingram had himself some years before been drummed out of the Los Angeles Police Department. He is reputed to have been busted for pandering and taking payoffs from drug dealers. He is a liar and a bully who has been involved in organization intelligence operations against its perceived enemies for many years. During the period I was involved with the Loyalists Ingram called me at my home and threatened to put a bullet between my eyes.

24. Initially the presiding judge in the Christofferson trial Donald F. Londer refused to admit the tapes because they had been obtained illegally. Then he viewed them in chambers and when he returned to the bench stated that “the tapes are devastating, very devastating to the church.” Then he admitted them into evidence.

25. Despite Judge Londer’s ruling and comments, and despite Chief Gates’ repudiation of the Rodriguez “authorization,” the organization has continued in press and courts around the world to claim that the videotape operation was “police-sanctioned.”

The organization has continued to claim that I originated the “plot to overthrow ” church” management” and that I initiated the contact with the organization members, who merely played along with my plan while remaining “loyal” to the organization. It also has continued to claim that the videotapes show me plotting to forge documents and seed them in organization files to be found in a raid, show me creating “sham lawsuits,” show me urging

14

the Loyalists to not prove anything but “just allege it,” and show me seeking to take control of the organization. The videotapes show none of those things. The tapes show that in the fall of 1984, during the reign of the organization’s present supreme leader David Miscavige (DM), the fair game doctrine was alive and as unfair as ever. The tapes show a mean-spirited, mendacious and malevolent organization using well-drilled operatives and electronic gadgetry to attempt, unsuccessfully, to set up an unwitting, funny, sometimes silly, clearly helpful, at times foul-mouthed, but otherwise ordinary human male.

26. The organization’s refusal to stop telling these lies is not surprising, however, because its leaders have put so many of their eggs in their dirty tricks basket. These leaders are unbalanced and in a very precarious situation. Having lied about the Armstrong Operation in so many courts and publications and to so many people, including their own followers, these leaders risk their positions of power, and in their minds their very lives, if they ever admit the breadth of those lies. Yet it is in the acknowledgement of the truth behind those lies where ultimately their safety will be found.

27. It has not ceased to be embarrassing to me whenever the organization trots out the Armstrong videotapes, because I do say some silly and raunchy things. But the organization has never been able to embarrass me into silence and it won’t now.

28. The Scientology legal war has almost run its course. The organization’s leaders can never rewrite all history.

15

Scientologists of good will everywhere can be free.

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

Executed at San Anselmo, California, on February 20, 1994. 11
[signed]
GERALD ARMSTRONG

Copyright © 1994 Gerry Armstrong

16


Notes

  1. The Guardian’s Office (“GO”), headed from 1966 to 1981 by Mary Sue Hubbard, who reported to and was controlled by L. Ron Hubbard, consisted of five bureaus: Intelligence, Public Relations, Legal, Finance and Social Coordination (front groups). The GO was responsible for hiding its money and its actual command lines, defending the organization against attacks and for eliminating all opposition to its progress. Hubbard patterned its intelligence bureau, B-1, and the organization’s total espionage mentality on the work of Reinhard Gehlen, Hitler’s spy master. On Hubbard’s orders, after the conviction of 11 top GO intelligence personnel, including Mary Sue, for criminal activities against the US Government, Scientology’s second major arm of power, the Sea Organization, in a 1981 putsch took control of the GO’s functions and subsequently renamed the GO arm the Office of Special Affairs, “OSA.”
  2. Sec checks are accusatory interrogations using Hubbard’s electropsychometer or E-Meter as a lie detector. Sec checks could be brutal, could go on for many hours or days, could involve several people asking questions, threatening and badgering, and could have disastrous results for the interrogee.
  3. Pc folders, also called preclear or auditing files or folders, contain the record of processes run and questions asked by the auditor (psycho- therapist), E-Meter reads, and answers given and statements made by the preclear (or patient) during Scientology auditing (or psychotherapy) sessions. It was well known that I had opposed and exposed the organ- ization’s misuse of information divulged by the organization’s “preclears” (what were essentially psychotherapist-patient confidences) in auditing. I had been attempting to get the organization to deliver to me my pc folders throughout the Armstrong I litigation, and the misuse of auditing information was an issue in the Armstrong I trial. Judge Paul G. Breckenridge, Jr. stated in his decision following the 30-day Armstrong I trial: “[Mary Sue Hubbard
  4. See The Breckenridge Decision, filed June 22, 1984.
  5. This Royal Courts of Justice case, known as Re: B and G Wards resulted in a Judgment on July 23, 1984 issued by Justice Latey in favor of the non-Scientologist parent. The Judgment, which was upheld on appeal, contained a scathing condemnation of organization policies and practices.
  6. Exhibit A: Letter to the Loyalists
  7. See Excerpts of Proceedings in Christofferson
  8. See Illegal Videos
  9. Exhibit B: Illegal authorization November 7, 1984
  10. Exhibit C: Public Announcement by LAPD Police Chief Daryl Gates
  11. Also see related Declaration of Gerry Armstrong (February 22, 1994).

Declaration of Gerry Armstrong (February 20, 1994)

FIND A BETTER BASKET

A Literary Work Created and Written
by
GERALD ARMSTRONG

FIND A BETTER BASKET
Copyright © 1994 Gerald Armstrong
All Rights Reserved
Contact:
The Gerald Armstrong Corporation
Copyright © 1994 Gerald Armstrong
© 1994 Gerald Armstrong


FIND A BETTER BASKET

    I, Gerald Armstrong, declare:

1. I am making this declaration in response to allegations made by Scientology organization leaders, attorneys and agents in court proceedings and public media around the world concerning a 1984 organization intelligence operation targeting me, which has been called the “Armstrong Operation.” I am copyrighting this document prior to its use in court because it will, in addition to putting the organization’s allegations into a proper context, form an outline for a screenplay I am writing. It is my story.

2. After I left the organization at the end of 1981, the organization intelligence bureau assigned Dan Sherman, a Los Angeles spy story writer and intel operative, to get close to me and become my friend, which he did. I had been the intelligence officer on board the “Apollo” with the organization’s founder and supreme leader L. Ron Hubbard, had studied his intelligence policies and Guardian’s Office 1 intelligence materials, had an

1

appreciation for that literary genre, and I was myself a writer, so Sherman and I had a real basis for a real friendship.

3. Sherman told me he was no longer involved in Scientology, wanted nothing to do with it, saw it as a personal waste of time, and also saw that its leaders were ruthless and dangerous, and claimed to be afraid of them finding out that he was friends with me. Sometime in 1982 or 1983 he told me that he was still in communication in a limited way with some of his old friends still in the organization. He described these friends as smart, reasonable and not fanatics. They were still Scientologists and worked on staff, but felt that organization leaders were criminals. Having no allegiance to these leaders, Sherman’s friends would occasionally tell him about conditions inside and their desire to end the organization’s criminal activities. They said the conditions inside were oppressive and chaotic and they were at risk even talking to him because sec checks2 were rampant.

4. During the 1984 trial of the organization’s case against me, Church of Scientology of California and Mary Sue Hubbard v. Gerald Armstrong, Los Angles Superior Court no. C 420153 (“Armstrong I“), Sherman told me that one of these friends, whom he called “Joey,” had told him that there was an

2

actual group inside the organization who were dedicated to reforming it because management had become suppressive. They called themselves the “Loyalists,” claiming to be ” loyal” to the preservation of the ideals of Scientology, “what worked.” They also recognized that its leaders were criminal, crazy, dangerous, and not dedicated to those ideals but were acting to destroy them. The “Loyalists” wanted to take control in a well-planned, effective and peaceful action before some tragedy happened. They claimed to know of criminal activities and a key part of their plan was the documenting of these activities.

5. Sherman said they were 35 in number, or at least there were 35 who knew they were “Loyalists,” all smart, reasonable and not fanatics. Some of them were his old friends from B-1. Such persons tended to be smart, reasonable and often were not fanatics. The people whom I knew to be, including Hubbard, the organization leaders, prided themselves on their recognition of unreasonableness as a virtue, and maintained an abiding fanaticism to justify their abuses and keep their positions of power. Sherman was smart and gave every appearance of being reasonable and unfanatical. He said the Loyalists knew he was in communication with me and wanted to talk with me but were afraid for their lives. This was not surprising to me because I knew from my own experiences that the organization had a brutal side and its leaders were dangerous, armed and desperate. Thus the first communications with the Loyalists were a few messages relayed by Sherman. They said that I had a proven record against

3

the organization, that my integrity had been unshakable and they wanted my help.

 6. A few days after the Armstrong I trial ended, Joey, who, I later learned, was actually one David Kluge, made the first direct contact with me, a phone call to my home in Costa Mesa, California. He said the Loyalists knew I wanted my pc folders,3 was the head of the Guardian Office for years and among other things, authored the infamous order ‘GO 121669’ which directed culling of supposedly confidential P.C. files/folders for the purposes of internal security.” “The practice of culling supposedly confidential ‘P.C. folders or files’ to obtain information for purposes of intimidation and/or harassment is repugnant and outrageous. The Guardian’s Office, which plaintiff [Mary Sue Hubbard] headed, was no respector of anyone’s civil rights, particularly that of privacy.”]4  that my folders were being moved on a certain day and that I could get them if I wanted. I told Kluge that even though the folders were mine the organization would claim, if it was discovered I had them, that I was accepting stolen property, so I had to decline his offer. I was also already booked, on the same day the Loyalists said they would get me my pc folders, to fly to London to testify in a child custody case5 involving

4

Scientology, and I told Kluge that I couldn’t change my plans.

7. When I returned from the UK, where, incidentally, I had been harassed by a pack of English private investigators working for the organization, Kluge reestablished contact, and I communicated with him or Sherman several times over the next few months. I was happy to be in communication with them, because I’m happy to be in communication with anyone, and my relationship with the Loyalists, who were admitted Scientologists, seemed a spark of hope in the seemingly hopeless and threatening Scientology situation.

8. I have believed and stated that when Scientologists have the freedom to communicate to the people their leaders label “enemies,” Scientology will cease to have enemies. The organization’s leaders prohibit their minions from communicating with me, thus I am their enemy. This prohibition is enforced with severe “ethics” punishment, which could easily include “declaring” the person who dared to communicate with me a “suppressive” person, thus making him the target of the organization’s philosophy and practice of opportunistic hatred Hubbard called “fair game.”

9. I had lost my law office job because of the Armstrong I trial, which really ran from April into June, 1984, and I did not get another job for some months, so had considerable time on my

5

hands in the fall of 1984 to meet with Sherman and the Loyalists and do some of the things they wanted. I had begun to draw and write seriously during this period, and some of my writings concerned the Scientology battle and the Loyalists. My situation with the organization and the Loyalists was bizarre and psychologically traumatic, and this is reflected in my writings of the period. Thanks to, I believe, my growing faith in God I was given the gift of a healthy sense of humor and that too is a facet of my communications and writings during the period.

10. In late July, 1984 the organization fed to the media the story, and filed papers in various court cases, including Armstrong I, charging, that Michael Flynn, who had fought the organization’s fair game tactics for five years, who had been my friend and attorney for two years and had just successfully defended me in the Armstrong I trial, was behind a plot to cash a forged check for $2,000,000.00 on one of Hubbard’s accounts at the Bank of New England. Sherman and Kluge communicated that the Loyalists knew Flynn was not involved, and that the organization leaders knew Flynn was uninvolved but were framing him with the forgery. The Loyalists said that they were working inside the organization to acquire the proof of the frame-up, and that when they proved Flynn’s innocence they would be in a position to effectuate the reforms they sought. This was fine with me, because I fully believed that Flynn was innocent, and that the organization was framing him just to be able to attack him to eliminate the threat he represented to its antisocial practices

6

 

and nature.

11. Over the next few months Sherman and Kluge communicated with me regularly about the Loyalists’ progress in documenting the truth about the Flynn frame-up. They claimed that all staff were searched before they could leave OSA or management offices, so it was hard to get any documents out. Nevertheless, on a couple of occasions Sherman and Joey gave me a page or two that had been smuggled out. I learned that a US Attorney in Boston had become involved in the investigation of the frame-up, and I passed whatever I got from the Loyalists to him through Flynn.

12. One of the ideas which developed with the Loyalists in the early fall of 1984 was the possible filing of a lawsuit to take control of the organization from the “criminals.” I saw this as an idea with merit, and could be the effective action the Loyalists said they were looking for to avert a major organization tragedy. I told Flynn what they wanted and he drafted a “bare bones” complaint which I passed to them. Sherman, Kluge and I discussed the lawsuit concept on several occasions, both of them asking me for my ideas and I helped as I could within the limits of my knowledge, ability and imagination.

13. The Loyalists then began discussing with me finding a financial “backer” for their lawsuit, basing this need on the likelihood that the bringing of the suit would freeze organization accounts, and the Loyalists would need operating capital. They claimed that the leaders had lots of money they had skimmed from the organization and squirreled away in their

7

own bank accounts, and the Loyalists were all staff members and thus broke. I couldn’t help them with money, and knew of no one who might finance whatever they did, so they said that, because I understood the situation so well, and had a proven record, they wanted me to talk to and encourage some prospective backers with whom they were in touch. One day I got a call from Kluge, asking me to fly to Las Vegas to meet with such a person, a “rich Scientologist” who had been mistreated by the organization and was aligned with the Loyalists on their goal of reformation.

Although on Kluge’s instructions I purchased a plane ticket, I called off the trip before leaving because my lawyers warned me that I could be walking into a trap.

14. There were many times during this period when I considered the possibility that I was walking into a trap. The thought arose in all my meetings with Kluge, and later with Mike Rinder, the second Loyalist I would meet. Their communications often didn’t jibe with what they or Sherman had said on earlier occasions, and sometimes they said things which were downright stupid. I had no way of originating a communication to them, had no telephone numbers, no locations, no names, and no idea what any of them did. They had my address, phone number, knew exactly what I did, and could call me any time they wanted. They told me almost nothing, and wanted to know everything I knew. They claimed I had to be kept in the dark because of their fear for their lives, and for that reason I went along with their, even to me, strange behavior.

8

15. Because of their fear for their lives they depended on secrecy, duplicity and intelligence procedures and goals.  Although I had been in intelligence in the organization and had the essential quality for the field; i.e., native intelligence, I had, after leaving the organization, come to the conclusion that Scientology’s brand of intelligence; i.e., the secret world of data, duplicity, stealth, hidden intentions and hidden identities, was ineffective, unhealthy, unholy, and not my choice for how I would make my way through life and deal with my problems. Even inside the organization, which is an intelligence-based group, I had urged those who were in positions to do something about it to open up, stop lying, disclose its leaders, divulge its secrets; because I felt that its lies, secrets, and secret orders from its secret leaders would only bring upon it more problems. After leaving the organization, a factor in my life which led to my faith in openness and freedom as opposed to secrecy and leverage, was all the testifying I did, in trial in Armstrong I and in B & G Wards, and in many days of depositions in several more Scientology-related cases. Also I knew that the organization’s leaders, who had an undeniable determination to harm me, possessed my pc folders which contained every embarrassing incident or thought in my life, and my lives back umpteen impossibillion years. These facts had resulted in a tendency in me at times during this period to not care what happened to me and to act a little wild and silly.

16. Sometime during 1984 it came to me that what I was

9

 following, and what was a far superior technology and faith than intelligence, or perhaps perfect intelligence, was guidance. I had been given, before and after my asking, a desire to know my Creator, and I believe I received during this period some of His communications to me. Hubbard in his writings put no faith in his Creator, but put it in something of his own making, an intelligence apparatus in which he was the secret leader with secret bank accounts, secret  communication lines, secret codes, secret intentions, and secret lawyers to keep them all secret. I had come to know God a little, and understood that no matter how scary things got I was in hands in which I was in no real danger. I could be shot, my body could be destroyed, I could be defamed and ruined, and I would still be in no real danger. And things did get scary for me in my dealings with Sherman and the Loyalists during this period. I picked up surveillance on a number of occasions, and there was the nagging strangeness of the Loyalists’ communications and the movie-like quality of this play in which I was being played with. I still retained my intellect and acted with good sense most of the time, but a shift was occurring in my mind and soul. I began to walk deliberately into danger, but I was also new at this approach to life, and as yet a little foolhardy and undisciplined, and these facts too are reflected in my writings and actions of the period.

17. Sherman’s and Kluge’s interest was intelligence and they didn’t want to hear much of my philosophy of guidance, courage and openness, so I turned my mind to the intelligence

10

game, and as always happens when I turn my mind to any subject, I had ideas. Some of these ideas I communicated to the Loyalists, some I wrote down, some were only funny. Our meetings had a secretive, spy story feel to them, partly because of the danger the Loyalists said they were in and the danger I was in anyone would say, partly because of the subject matter we discussed, and partly because of the settings in which we met. Sherman insisted that I couldn’t come to his home, so we met on many occasions in the bird sanctuary in Griffith Park. My first meeting with Kluge was in a cemetery in Glendale. I met him two more times in early November at different locations in Griffith Park, and then met with Rinder two times in late November at two more locations in the park.

18. Sherman told me around October, 1984 that the Loyalists had found a potential backer, a woman named Rene, another “rich Scientologist,” who he said had been horribly hurt by the organization. He said he knew her personally and considered her a good and trusted friend. He said that she owned a publishing company which printed calendars, that he had told her about my artwork and writing, and that she wanted to see some of my materials for possible publication. Following our first meeting in Griffith Park Kluge took me to the Sheraton Grand Hotel in downtown Los Angeles to meet her. I took along a file of some of my work and left it with her. In my meeting with her she wanted to know my perspective on the lawsuit idea and my thoughts on removing the organization’s criminal leadership.

11

19. While claiming that the Loyalists wanted to take legal action to bring about a safe transfer of power, both Sherman and Kluge also claimed that they didn’t know anything about legal matters, nor any of the organization’s litigations, and that there were other people higher up in the Loyalist network who were trained in legal, stayed abreast of the organization’s litigation battles, and had an understanding of the Loyalists’ legal options and an overview of their plan which Sherman and Kluge didn’t have. Coupled with their claimed need to keep me in the dark for fear of their lives, their assertions of ignorance of legal matters caused considerable frustration in me and in our communications. As a result, I requested in a number of communications to speak to their “best legal mind.”

20. Finally the Loyalists said that their legal expert would meet me and a rendezvous was set up, again in Griffith Park. The “legal expert” turned out to be Mike Rinder, a person I had known in the organization, who had held various lower level administrative posts. Rinder, it turned out, also professed ignorance of legal concepts, and my meetings and communications with him were even more frustrating.

21. Some time after my last meeting with Rinder, which occurred November 30, 1984, I received a phone call from Kluge, advising me that the Loyalists did not trust me and would not be communicating with me again. I then wrote them my final communication, a copy of which is appended hereto as Exhibit A6, and gave it to Sherman to give to them.

12

    22. During my cross-examination7 in the spring, 1985 trial of Julie Christofferson v. Scientology, Circuit Court of the State of Oregon, Multnomah County, No. A7704-05184, the organization broke the fact that Sherman, Kluge and Rinder had been covert operatives, the Loyalists were invented, and that my meetings with Kluge and Rinder had been videotaped.8 The organization called the whole more than two year affair the “Armstrong Operation.” Organization lawyers, Earle Cooley and John Peterson, claimed the Armstrong operation had been authorized by the Los Angeles Police Department, and they produced a letter dated November 7, 1984, a copy of which is appended hereto as Exhibit B 9, signed by an officer Phillip Rodriguez, directing organization private investigator Eugene M. Ingram to electronically eavesdrop on me and Michael Flynn.

23. On April 23, 1985, Los Angeles Police Chief Daryl F. Gates issued a public statement, a copy of which is appended hereto as Exhibit C10, denying that the Rodriguez letter was a correspondence from the Los Angeles Police Department, denying that the Los Angeles Police Department had cooperated with Ingram, and stating emphatically that all purported authorizations directed to Ingram by any member of the Los Angeles Police Department are invalid and unauthorized. On information and belief, the officer, Phillip Rodriguez, who signed Ingram’s letter was paid $10,000.00 for his signature.  Also on information and belief, following a Los Angeles Police Department Internal Affairs Division investigation and a Police

13

 Department Board of Rights, Officer Rodriguez was suspended from the Los Angeles Police Force. Eugene Ingram had himself some years before been drummed out of the Los Angeles Police Department. He is reputed to have been busted for pandering and taking payoffs from drug dealers. He is a liar and a bully who has been involved in organization intelligence operations against its perceived enemies for many years. During the period I was involved with the Loyalists Ingram called me at my home and threatened to put a bullet between my eyes.

24. Initially the presiding judge in the Christofferson trial Donald F. Londer refused to admit the tapes because they had been obtained illegally. Then he viewed them in chambers and when he returned to the bench stated that “the tapes are devastating, very devastating to the church.” Then he admitted them into evidence.

25. Despite Judge Londer’s ruling and comments, and despite Chief Gates’ repudiation of the Rodriguez “authorization,” the organization has continued in press and courts around the world to claim that the videotape operation was “police-sanctioned.”

The organization has continued to claim that I originated the “plot to overthrow ” church” management” and that I initiated the contact with the organization members, who merely played along with my plan while remaining “loyal” to the organization. It also has continued to claim that the videotapes show me plotting to forge documents and seed them in organization files to be found in a raid, show me creating “sham lawsuits,” show me urging

14

the Loyalists to not prove anything but “just allege it,” and show me seeking to take control of the organization. The videotapes show none of those things. The tapes show that in the fall of 1984, during the reign of the organization’s present supreme leader David Miscavige (DM), the fair game doctrine was alive and as unfair as ever. The tapes show a mean-spirited, mendacious and malevolent organization using well-drilled operatives and electronic gadgetry to attempt, unsuccessfully, to set up an unwitting, funny, sometimes silly, clearly helpful, at times foul-mouthed, but otherwise ordinary human male.

26. The organization’s refusal to stop telling these lies is not surprising, however, because its leaders have put so many of their eggs in their dirty tricks basket. These leaders are unbalanced and in a very precarious situation. Having lied about the Armstrong Operation in so many courts and publications and to so many people, including their own followers, these leaders risk their positions of power, and in their minds their very lives, if they ever admit the breadth of those lies. Yet it is in the acknowledgement of the truth behind those lies where ultimately their safety will be found.

27. It has not ceased to be embarrassing to me whenever the organization trots out the Armstrong videotapes, because I do say some silly and raunchy things. But the organization has never been able to embarrass me into silence and it won’t now.

28. The Scientology legal war has almost run its course. The organization’s leaders can never rewrite all history.

15

Scientologists of good will everywhere can be free.

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

Executed at San Anselmo, California, on February 20, 1994.
[signed]
GERALD ARMSTRONG

Copyright © 1994 Gerry Armstrong

16


Notes

 

  1. The Guardian’s Office (“GO”), headed from 1966 to 1981 by Mary Sue Hubbard, who reported to and was controlled by L. Ron Hubbard, consisted of five bureaus: Intelligence, Public Relations, Legal, Finance and Social Coordination (front groups). The GO was responsible for hiding its money and its actual command lines, defending the organization against attacks and for eliminating all opposition to its progress. Hubbard patterned its intelligence bureau, B-1, and the organization’s total espionage mentality on the work of Reinhard Gehlen, Hitler’s spy master. On Hubbard’s orders, after the conviction of 11 top GO intelligence personnel, including Mary Sue, for criminal activities against the US Government, Scientology’s second major arm of power, the Sea Organization, in a 1981 putsch took control of the GO’s functions and subsequently renamed the GO arm the Office of Special Affairs, “OSA.”
  2. Sec checks are accusatory interrogations using Hubbard’s electropsychometer or E-Meter as a lie detector. Sec checks could be brutal, could go on for many hours or days, could involve several people asking questions, threatening and badgering, and could have disastrous results for the interrogee.
  3. Pc folders, also called preclear or auditing files or folders, contain the record of processes run and questions asked by the auditor (psycho- therapist), E-Meter reads, and answers given and statements made by the preclear (or patient) during Scientology auditing (or psychotherapy) sessions. It was well known that I had opposed and exposed the organ- ization’s misuse of information divulged by the organization’s “preclears” (what were essentially psychotherapist-patient confidences) in auditing. I had been attempting to get the organization to deliver to me my pc folders throughout the Armstrong I litigation, and the misuse of auditing information was an issue in the Armstrong I trial. Judge Paul G. Breckenridge, Jr. stated in his decision following the 30-day Armstrong I trial: “[Mary Sue Hubbard
  4. See The Breckenridge Decision, filed June 22, 1984.
  5.  This Royal Courts of Justice case, known as Re: B and G Wards resulted in a Judgment on July 23, 1984 issued by Justice Latey in favor of the non-Scientologist parent. The Judgment, which was upheld on appeal, contained a scathing condemnation of organization policies and practices.
  6. Exhibit A: Letter to the Loyalists
  7. See Excerpts of Proceedings in Christofferson
  8. See Illegal Videos
  9. Exhibit B: Illegal authorization November 7, 1984
  10. Exhibit C: Public Announcement by LAPD Police Chief Daryl Gates

CSI 1023 Submission: Exhibit III-10-Q: [Loyalist Program illegal video transcript excerpts] (November 23, 1992)

Exhibit III-10-Q: Excerpts of transcripts of illegal videos 1

Notes

Notice of Motion And Motion For Preliminary Injunction For Breach Of Contract (February 4, 1992)

Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities 1

[…]

The Church had good reason for negotiating these particular clauses with Armstrong. In addition to his own litigation, Armstrong fomented significant additional litigation against the Church and other Churches of Scientology, stirring up enmities with other former members. Moreover, Armstrong became involved in plot after clandestine plot to take over or even destroy his former religion.

In November, 1984, for example, Armstrong was plotting against the Scientology Churches and seeking out staff members in the Church who would be willing to assist him in overthrowing Church leadership. The Church obtained information about Armstrong’s plans and, through a police-sanctioned investigation, provided Armstrong with the “defectors” he sought. On four separate occasions in November, 1984, Armstrong met with two individuals that he considered to be defectors, whom he knew as “Joey” and “Mike.” In reality, both “Joey” and “Mike” were loyal Church members who, with permission from the Los Angeles police, agreed to have their conversations with Armstrong surreptitiously videotaped. During the course of these conversations, Armstrong:

a. Demanded that “Joey” provide him with copies of documents published by the Church so that he could forge documents in the same style. Armstrong wanted “Joey” to then plant these Armstrong creations in the Church’s files so that Armstrong could tip off the Criminal Investigations Division of the Internal Revenue Service (“CID”), and the incriminating documents would be found in a resulting raid;

b. Sought to “set up” the defection of a senior Scientologist by finding a woman to seduce him;

c. Told “Joey” all about his conversations with Al Lipkin, an investigator for the CID, and attempted to get “Joey” to call Lipkin and give him false information that would implicate the Church’s leaders in the misuse of donations; and

d. Instructed “Mike” on the methods of creating a lawsuit against the Church leadership based on nothing at all:

ARMSTRONG: They can allege it. They can allege it. They don’t even have — they can allege it.

RINDER: So they don’t even have to have the document sitting in front of them and then —

ARMSTRONG: F ing say the organization destroys the documents.

* * *

Where are the — we don’t have to prove a goddamn thing. We don’t have to prove s__t; we just have to allege it.

(Exhibit 3, Farny Decl., ¶¶14 and 5.)

6

[…]

On October 3, 1991, the Church filed a motion in Los Angeles Superior Court for enforcement of the Settlement Agreement and for liquidated damages due to Armstrong’s breaches of the Agreement. In Armstrong’s papers and at the hearing of the matter, Armstrong did not deny that he has committed the multiple breaches which provoked the filing of the motion, and he did not deny that his activities violated the specific provisions of the Settlement Agreement cited in the moving papers.
10
Instead, Armstrong raised with the Court the tired refrain that he had been under “duress” when he executed the Agreement. Armstrong repeatedly raised this pretense and his alleged “fear” of the Church before Judge Breckenridge, the trial judge in the earlier, settled matter. It is, however, thoroughly belied by the approval of the Agreement by both the Court and Armstrong’s attorney. Moreover, the credibility of this refrain is  shattered by Armstrong’s own words, uttered months after obtaining a defense judgment in the original Armstrong action based on his spurious claim of being under “duress” due to his “fear” of the Church. In the November, 1984 videotaped conversations with Joey referred to above, the following exchange took place while Armstrong was discussing hisplans for destroying the Church:
JOEY: Well, you’re not hiding!
ARMSTRONG: Huh?
JOEY: You’re not hiding.
ARMSTRONG: F— no! And.
JOEY: You’re not afraid, are you?
ARMSTRONG: No! And that’s why I’m in a f–king stronger position than they are!
JOEY: How’s that?
ARMSTRONG: Why, I’ll bring them to their knees!
Exhibit 3, Farny Decl., para. 6. If anything, Armstrong has become bolder as time has passed.

Notes

  1. This document in PDF format.

Declaration of Lynn R. Farny (January 28, 1992)

DECLARATION OF LYNN R. FARNY1

I, Lynn R. Farny, do declare:

1. I am over 18 years of age and make this declaration of my own personal knowledge and for those matters stated upon information and belief, I believe them to be true and accurate. If called as a witness to testify as to the matters herein, I could and would do so competently.

2. I am corporate Secretary of the Church of Scientology International (“CSI”), a California religious corporation.

3. I am well familiar with Gerald Armstrong, as I have worked in the legal department of CSI since 1984, and prior to that in the legal department of Church of Scientology of California (“CSC”). I have actively followed the events occurring during that time in a lawsuit against Gerald Armstrong by CSC regarding his theft of private documents belonging to the Founder of the Scientology religion. 2

4. On four separate occasions in November, 1984, Armstrong met with two individuals that he considered to be defectors, whom he knew as “Joey” and “Mike.” In reality, both “Joey” and “Mike” were loyal Church members who, with permission from the Los Angeles police, agreed to have their conversations with Armstrong surreptitiously videotaped.3 I have seen a transcript of the videotaped meeting of November 7, 1984, and during the course of these conversations, Armstrong:

a. Demanded that “Joey” provide him with copies of documents published by the Churches so that he could forge documents in the same style. Armstrong wanted “Joey” to then plant these Armstrong creations in the  Church’s files so that, should Armstrong tip off the IRS, the incriminating documents would be found in a resulting raid;

b. Sought to “set up” the defection of a senior Scientologist by finding a girl to seduce him;

c. Told “Joey” all about his conversations with Al Lipkin, an investigator for the CID, and attempted to get “Joey” to call Lipkin and give him false information that would implicate the Church’s leaders in the misuse of donations.4

5. In November, 1984, Armstrong was plotting against the Scientology Churches and seeking out staff members in the Church who would be willing to assist him in overthrowing Church leadership. The Church obtained information about Armstrong’s plans and, through a police-sanctioned investigation, provided Armstrong with the “defectors” he sought. On November 30, 1984, Armstrong met with one Michael Rinder, an individual whom Armstrong thought to be one of his “agents” (but who in reality was loyal to the Church). In the conversation, recorded with written permission from law enforcement, Armstrong stated the following in response to questions by Mr. Rinder as to whether they had to have actual evidence of wrongdoing to make allegations against the Church leadership:

ARMSTRONG: They can allege it. They can allege it. They don’t even have — they can allege it.

RINDER: So they don’t even have to have the document sitting in front of them and then —

ARMSTRONG: F ing say the organization destroys the documents.

* * *

Where are the — we don’t have to prove a goddamn thing. We don’t have to prove s t; we just have to allege it.

6. In another discussion, this one with “Joey,” videotaped on November 7, 1984, Armstrong discussed his plans to destroy his former religion as follows:

JOEY: Well, you’re not hiding!

ARMSTRONG: Huh?

JOEY: You’re not hiding.

ARMSTRONG: F— no! And. • •

JOEY: You’re not afraid, are you?

ARMSTRONG: No! And that’s why I’m in a f–king stronger position than they are!

JOEY: How’s that?

ARMSTRONG: Why, I’ll bring them to their knees!

7. In another discussion with Michael Rinder, videotaped on November 17, 1984, Armstrong revealed his true intentions toward the Church as:

G I am only a relay point in this thing. However, I do make it my purpose to create as much shit as possible. You know, hence I have. . .

M Shit for the organization?

G Yeah, I . . . whatever I do . . . cause I have no . . . I’m not hooked into anything.

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

Executed in Los Angeles, California the 28th day of January, 1992.

[signed] Lynn R. Farny

Notes

  1. This document in PDF format.
  2. There was no “theft”.
  3. There was no permission from the Los Angeles police. See statement by LAPD Police Chief Daryl Gates.
  4. See the illegal videotapes and transcripts.

Letter from Los Angeles County DA to Ken Hoden (April 25, 1986)

OFFICE OF THE DISTRICT ATTORNEY

COUNTY OF LOS ANGELES
SPECIAL INVESTIGATIONS DIVISION
18000 CRIMINAL COURTS BUILDING
210 WEST TEMPLE STREET
LOS ANGELES. CALIFORNIA 90012 -3275
(213) 974-7437

IRA REINER, DISTRICT ATTORNEY

April 25, 1986

Rev. Ken Hoden
Rev. Kathleen Gorgon
Rev. Heber Jentzsch
Mr. John Peterson
Mr. David Butterworth
Church of Scientology
1301 N. Catalina
Los Angeles, California 90012

Gentlemen:1

In re S.I.D. CASE NO. C85-0054

In your letters dated May 1 and July 19, 1985, you asked that this office investigate your allegations that:

1. Chief Daryl Gates of the Los Angeles Police Department, Agents Al Lipkin and Al Ristuccia of the Internal Revenue Service, Gerald Armstrong, and Michael Flynn have committed the crime of conspiracy to obstruct justice.

2. Internal Revenue Service Agents Al Lipkin and Al Ristuccia additionally “aided and directed” the commission by Gerald Armstrong of violations of Penal Code Sections 182 (Conspiracy), 134 (Preparing False Evidence), and 653f (Solicitation of the commission of certain crimes).

3. Gerald Armstrong additionally prepared false documentary evidence in violation of Penal Code Section 134; committed extortion in violation of Penal Code Section 518; and solicited commission of the crimes of burglary, receiving stolen property, and forgery, in violation of Penal Code Section 653f.

Rev. Ken Hoden,et al.
April 25, 1986
Page Two

4. Michael Flynn additionally aided Gerald Armstrong in his violations of Penal Code Section 182,  conspiracy, and Penal Code Section 653f, solicitation of burglary, receiving stolen property, and forgery.

Following his receipt of your letters, Steven A. Sowders, Head of the Special Investigations Division, met personally with Rev. Jentzsch and Rev. Hoden to discuss your complaint. I have since reviewed the voluminous materials you submitted in support of your charges, and I have spoken at length on the telephone and in person with church members John Peterson and David Butterworth. In our several conversations, I informed both Mr. Butterworth and Mr. Peterson that in order intelligently to evaluate the Church of Scientology’s allegations, I would need further information. In addition to the documents already
provided, I asked them to provide me with:

(1) A complete description of the events to which the submitted documents relate, including:

(a) the time, date, and place of each event;
(b) the names of all persons present;
(c) the circumstances in which the event occurred;
(d) the name of each speaker and identifying information about him.

(2) A description of the manner in which the recording or other source information was obtained.

(3) A statement from the person who obtained the recording or other data, identifying him, describing the manner in which he obtained it, and setting forth the manner in which he could authenticate any recording and any transcript involved.

(4) An explanation of the relevance of the conversations and other materials cited to the allegations of criminal conduct.

I further requested that they furnish any other evidence they might have in support of the Church of Scientology’s allegations. I particularly requested documentation setting forth the specific facts in support of the allegations recited above. I asked that they provide the date, time, and place of each alleged event, and the name, address, and telephone number of each witness.

Rev. Ken Heden, et al.
April 25, 1986
Page Three

In response, I received from Mr. John Peterson a letter dated September 27, 1985, which letter I discussed on October 3, 1985, with Mr. Butterworth. Thereafter, following many attempts on my part to schedule a meeting with either Mr. Peterson or Mr. Butterworth or both of them, on December 10, 1985, they came to my office and conferred with Investigator Alan Tomich and me.

In that meeting, I reiterated my need to know the date, time, and place of each alleged event, and the name, address, and telephone number of each witness. I further asked whether the Church of Scientology had any additional evidence in support of its allegations. Messrs. Peterson and Butterworth responded that they had submitted to this office all the evidence that they had.

I explained to them that, in order to decide whether a prosecutable crime had been committed, we had to interview those persons who had observed the events that were alleged to constitute the criminal conduct; and that in order to interview those persons we needed to know who they were and where we could find them. In response, Mr. Peterson repeated the suggestion he made in his letter of September 27, 1985, that we interview Eugene Ingram, who had videotaped certain events which, Mr. Peterson said, were the basis of his allegations. He declined, however, to identify, beyond the name “Joey,” the persons other than Gerald Armstrong who appear on the tapes. It was my understanding that Messrs. Peterson and Butterworth intended to review the matter and that they would subsequently forward the requested witness information to me. Their response was a letter dated December 15, 1985, which contained a witness list comprised of the names of the persons the Church of Scientology has accused plus another I.R.S. agent and two police officers. He furnished no further information.

I responded to Mr. Peterson in a letter dated January 16, 1986, in which I summarized our December 10 meeting. In it, I also asked Mr. Peterson to permit Investigator Tomich to interview Mr. Eugene Ingram (whom Mr. Peterson, as an attorney, apparently represents), and I again requested that Mr. Peterson supply us with the information outlined above.

Rev. Ken Hoden, et al.
April 25, 1986
Page Four

In response, I received from Mr. Peterson a letter dated March 18, 1986. In it, he denied that he and Mr. Butterworth had intended, after the December 10 meeting, to provide further information, and he declared that we had received all the data he felt we needed.

It appears, then, that no further evidence in support of your allegations is forthcoming; and based on Mr. Peterson’s statement on December 10, 1985, that I had understood and accurately summarized the evidence the Church of Scientology had submitted, it appears that the assertions of fact described below constitute in its entirety the evidence in support of your allegations of criminal conduct.

Allegation 1:

That Chief Daryl Gates conspired to obstruct justice.

Evidence:

The allegation of “planting a ‘wire tap’ on Michael Flynn” was referred to Chief Gates [1] by Assistant City Attorney Lewis N. Unger on April 17, 1985. [2] On April 23, 1985, Chief Gates publicly rebuked Officer Phillip Rodriguez and Investigator Eugene Ingram for video taping Gerald Armstrong. Within hours, Investigators Lipkin and Ristuccia were seen, apparently by Rev. Heber Jentzch, [3] leaving Parker Center. There has allegedly  been no effort to do anything about “Mr. Armstrong’s crimes.”[4] Chief Gates also initiated an investigation “into the police officer and private investigator” (July 19 letter, p. 6).

Allegation 2:

That Internal Revenue Service Agents Al Lipkin and Al Ristuccia conspired with Gates, Armstrong, and Flynn to obstruct justice and that they “aided and directed” Gerald Armstrong in the commission of violations of Penal Code Sections 182, 134, and 653f.

Evidence:

John G. Peterson declared under penalty of perjury [5] that “Armstrong showed he was being used by the Internal Revenue Service to gather information.” In support of that declaration, Mr. Peterson included “excerpts from the videotape” which indicated that “GA” mentioned Al Ristuccia and gave Al Lipkin’s telephone number to “J”.

Rev. Ken Hoden, et al.
April 25, 1986
Page Five

Agents Lipkin and Ristuccia visited Officer Phillip Rodriguez and allegedly attempted to “strong arm” him. Agents Lipkin and Ristuccia stated that, on April 18, 1985, they interviewed Rodriguez, who admitted signing an authorization letter. The agents considered Rodriguez evasive and sought police assistance
in obtaining his cooperation. The agents were seen leaving Parker Center on April 23, 1985. [6]

Armstrong told ” J” that he had told Lipkin some people might want to talk to him, [7] and that he had told Lipkin to go after Peterson.

Allegation 3:

That Gerald Armstrong conspired with Michael Flynn, Daryl Gates, Al Lipkin, and Al Ristuccia to obstruct justice; prepared false documentary evidence; committed extortion; and solicited the commission of the crimes of burglary (Penal Code Section 459), receiving stolen property (Penal Code Section 496), and forgery (Penal Code Section 470), in violation of Penal Code Section 653f.

Evidence:

John Peterson declared that Armstrong conspired with a “church…staff member,” was “used by… the Internal Revenue Service to gather information,” “explained to the conspirators plans for attacking the  church…and…Hubbard,” and had a videotaped conversation with “J” which demonstrates his involvement with the government. [9]

“GA” told “J” to type the completed staff work on the policy and bring it in, that “issues can be created,” but he was “not really saying create incrimination (sic) evidence-but just to write about the speculation.” He also said, “They can never tell where the issue came from.” He wanted the lawsuits to end so that he could get his “global settlement.” [10]

Armstrong told ” J” about a “good-looker” named Carol. He said “the way to the man’s mind is through his cock” and “that’s definitely the way to get to the top.” He wrote a note which reads in part, “Establish available route for holding the cock of someone in ASI/WDC/etc.”[11]

Rev. Ken Hoden, et al.
April 25, 1986
Page Six

Armstrong allegedly wrote and handed over to someone on November 9, 1984, a “shopping list” of information which he asked a “church member to purloin.” “GA” told “J” “something should be done so that they can capitalize on getting stuff…into writing and…unstabilizing the whole PI, attorney apparatus.” He asked if “J” could get money to Peterson and told “J” to check the finance records. He said, “if we can get anything on Ingram (or) Peterson (or) finance records (or) other PI’s (or) operation ‘X’…, it’s all vital.”

Armstrong asked for specifics on payments to Ingram, and told “J” he should find what payments went to attorneys.

The handwritten list read in part, “1. Plan on Van Schaick…4. Anything on Hubbard or Don/ 5. Anything on upcoming legal battle… 8. Get me an original of an LRH Ed (current) or other issue type which could be from Hubbard. 8a. Same for WDC. Create one, get it distributed and get an assessment. Any partial that gives UP or ORG.”[12]

He also told ” J” he had given one “fanatic” document “to the Feds” and was giving them another. [13]

Armstrong told ” J” on November 9, 1984, that he could type “things and duplicate them and make them look exactly the same” and that “we could set up a press and…produce issues…” He thought, “shouldn’t I get some I HELP materials (?)”. He wanted to know “how they’re run off, what the type face is like…, – because we can simply create these;… – I can create documents with relative ease ….”

“J” suggested changing some documents. “GA” responded that “a lot of things can be done”, but he did not propose to “be stuffing things into their comm basket.” He later commented that something could be pasted and photocopied. [14]

Allegation 4:

That Michael F Flynn conspired to obstruct justice, and aided Gerald Armstrong in the crimes of conspiracy (Penal Code Section 182) and solicitation of burglary, receiving stolen property, and forgery (Penal Code Section 653f).

Rev. Ken Hoden, et al.
April 25, 1986
Page Seven

Evidence:

In April, 1985, Flynn contacted the United States Attorney in Boston, the Internal Revenue Service, and the Los Angeles Police Department. Flynn’s attorney, Raul Martinez then made allegedly false accusations of wire tapping.

Flynn told the Los Angeles Police Department that “Cooley” had had a video recording and a letter signed by Officer Rodriguez authorizing such a recording. By letter, Attorney Raul Martinez, representing Mr. Flynn, asked the City Attorney to investigate. The City Attorney forwarded the letter to Chief Gates. [15]

John Peterson declared under penalty of perjury that evidence indicated that Michael Flynn was directing Gerald Armstrong in order to steal documents, plot forgeries, steal legal strategies, implement a plot to seduce and blackmail a Scientologist, and conspire to suborn perjury. [16]

The “Van Schaick” case, referred to in Armstrong’s “shopping list”, was settled by Attorney Flynn.

* * *

As Mr. Peterson has noted, I have spent a considerable amount of time reviewing and comprehending the materials you have submitted to this office. For the reasons set forth below, I do not find that those materials contain sufficient evidence of the commission of any of the alleged crimes to justify the further investigation of those allegations.

At the outset, I should like to point out the following regarding Mr. Peterson’s letter dated September 27, 1985 and my subsequent communications with him. 1) Mr. Peterson told me that “the interviews took place in Griffith Park during… November, 1984.” He has not otherwise responded to my request for a complete description of the events to which the documents related, including times, dates, places, names, circumstances, and identifying information, (See Request #1, above.)

2) Mr. Peterson told me that “tapes are not in dispute” and that details of the taping should be sought from Gene Ingram.

Rev. Ken Hoden, et al.
April 25, 1986
Page Eight

But when Investigator Tomich sought to follow his advice, Mr. Peterson asserted he was Mr. Ingram’s attorney, and he refused to permit Investigator Tomich to interview him.

In his letter of March 18, 1986, Mr. Peterson refused further to respond to my requests for a description of the manner in which recordings and other source information were obtained; and for a statement from the person who obtained the information (some of it apparently recorded, some of it apparently from other sources) identifying that person and describing the acquisition of the information, documents, or tape, and the manner in which it could be authenticated (proved to be what it purports to be). (See Requests Nos. 2 and 3, above.)

3) He submitted ” data on the background of Jerry Armstrong” and the other documents referred to in the footnotes to this letter, in which he highlighted those portions he considered relevant to the allegations. He has not otherwise explained the relevance of the submitted materials to the allegations of criminal conduct. (See Request #4, above.)

4) He told me that the individuals speaking on the video tapes are “responsible witnesses who can be produced if necessary.” Beyond submitting a list of the names of the persons you have accused and three of their associates, he has not otherwise responded to my requests that he document the specific facts which prove the commission of the crimes alleged, including the particular details about each event and the names, addresses, and telephone numbers of the witnesses (See the paragraph following request #4, above).

* * *

A conspiracy to obstruct justice is an agreement between two or more persons to do an act or omit to do an act, as the result of which justice or the due administration of the laws is obstructed or perverted. To convict a person of that crime the prosecution must prove that he made such an agreement with the specific intent to commit or omit the necessary act and that, while he was a member of the conspiracy, he or a co-conspirator committed an overt act in furtherance of the object within the prosecuting jurisdiction (in our case, Los Angeles County).

Rev. Ken Hoden, et al.
April 25, 1986
Page Nine

Assuming that the factual allegations are true, and that Daryl Gates did receive from Michael Flynn a wiretapping complaint; did rebuke Officer Rodriguez and Investigator Ingram; and did initiate an investigation into possible criminal conduct by Rodriguez and Ingram; that Gerald Armstrong did have the above described conversations with “Joey” about Al Lipkin and Al Ristuccia; that Lipkin and Ristuccia did interview Rodriguez, did consider him evasive, did seek Los Angeles Police Department assistance in obtaining Rodriguez’s cooperation, and did visit Parker Center on April 23, 1985; that Armstrong told “Joey” to type staff work in order to create issues and that he did all the other things alleged (talked to “Joey” about “Carol,” told “Joey” that “they” should destablilize the “PI, attorney apparatus,” told “Joey” to check financial records, wrote and delivered the “shopping list,” and gave documents “to the Feds”) and that Michael Flynn both personally and through his attorney contacted the United States Attorney, the Internal Revenue Service, and the Los Angeles Police Department to complain about the tape recording, the actions of Officer Rodriguez, and other matters; and that he settled the “Van Schaick” case; we are unable to find in any of those allegations any evidence which would support an allegation that Chief Gates, Agent Lipkin, Agent Ristuccia, Mr. Armstrong, or Attorney Flynn agreed with anyone to commit or omit any act which might pervert or obstruct justice or the due administration of the laws.

No factual details (time, place circumstances, names of witnesses, etc.) have been submitted to support many of the conclusions that have been alleged. Thus there is no evidence that “there has been no effort to do anything about” crimes allegedly committed by Mr. Armstrong; that the Internal Revenue Service Agents attempted to “strongarm” Officer Rodriguez; that Mr. Armstrong conspired with a church staff member and explained to the conspirators his plans for attacking the church and Mr. Hubbard; that Mr. Armstrong wrote a “shopping list” of information and asked someone to “purloin” it; or that Michael Flynn made false accusations of wiretapping.

Therefore, the evidence of which we have been apprised of a conspiracy to obstruct justice is insufficient to warrant further investigation by this office.

To convict a person of the crime of preparation of false documentary evidence, the prosecution must prove that he in fact

Rev. Ken Hoden, et al.
April 25, 1986
Page Ten

made the document, that it was false, and that he intended it to be produced as true for a deceitful purpose in a proceeding authorized by law.

Even assuming that it can be proved by competent, admissible evidence that Gerald Armstrong told “Joey” to type staff work and that “issues can be created,” that “they can never tell where the issue came from,” and that he wanted the lawsuits to end so that he could get his “global settlement”; that Armstrong wrote and gave to someone the “shopping list”; that he told “Joey” he wanted to get “stuff…into writing” and to “unstabliz(e)” the “apparatus”; that he said getting records was “vital”; that he said he could type and duplicate things and create documents and set up a press and produce issues, that he wanted to know about a type face, that a lot of things could be done and that something could be pasted and photocopied; none of this, taken alone, constitutes evidence that Mr. Armstrong in fact created a single false document or that he intended that such a document be produced for any purpose in any legal proceeding.

Further, in the documents submitted to us, Mr. Armstrong is quoted as stating that he was not advocating the creation of incriminating evidence and that he did not propose to “be stuffing things into their comm baskets.”

We are aware of no other evidence which might lend criminal significance to the statements of Mr. Armstrong. We can find, therefore, no basis for a further investigation of the allegation that Penal Code Section 134 has been violated.

Extortion (Penal Code Section 518) is the obtaining of property from another with his consent, induced by a wrongful use of force or fear. The fear may be induced by a threat to injure a person or property, or to accuse the victim or a relative of crime, or to impute to any of them a deformity, disgrace, or crime, or to expose a secret affecting any of them. Penal Code Section 524 makes it a felony to attempt to commit extortion.

Assuming that it can be proved that Gerald Armstrong expressed the views alleged regarding the “way to the man’s mind” and that he wrote the note referring to “ASI” and “WDC”, that does not appear to us to be evidence that he or anyone obtained or

Rev. Ken Hoden, et al.
April 25, 1986
Page Eleven

attempted to obtain property from anyone by means of any threat. We therefore find no basis for further investigation of the allegation that Gerald Armstrong committed extortion.

The solicitation of another person to commit or join in the commission of burglary, receiving stolen property, or forgery is a felony, the proof of whose commission requires the testimony of two witnesses or of one witness plus evidence of corroborating circumstances. To convict a person of solicitation,
the prosecution must prove that he asked another person to commit a crime with the specific intent that it be committed.

The solicitation of burglary requires a request that one enter a building or other specific place (See Penal Code Section 459) intending to commit larceny or a felony; the solicitation of receiving stolen property requires a request that one receive property that one knows has been stolen; the solicitation of forgery, a request that one, with the intent to defraud, sign without authority another’s name or counterfeit his handwriting, or make any of the false documents specified in Penal Code Section 470, or knowingly utter such falsified document, signature, or handwriting.

Assuming that the allegations are true that Gerald Armstrong told “Joey” to type staff work, that “issues can be created.” that “something should be done so that they can capitalize on getting stuff into writing,” that “if we can get anything on Ingram (or) Peterson (or) finance records…, it’s all vital,” and that “Joey” should find what payments went to attorneys; and, further assuming it to be true that Armstrong gave “Joey” a list which specified “plan” or “anything” ” on” certain matters and stated “get me an original …issue type”; that he told “Joey” he had given and would give documents “to the Feds,” that he could duplicate things and create documents, and that something could be pasted and photocopied; these allegations nonetheless do not constitute evidence that Mr.  Armstrong, with the requisite intent, asked anyone to commit the crime of burglary, receiving stolen property, or forgery. We therefore find no basis for further investigation of the allegation that Gerald Armstrong violated Penal Code section 653f.

A person aids and abets the commission of a crime if, with knowledge of the perpetrator’s unlawful purpose and with the intent to encourage or facilitate the commission of the crime, he aids, promotes, or instigates its commission.

Rev. Ken Hoden, et al.
April 25, 1986
Page Twelve

The documents submitted to us indicate that Gerald Armstrong gave “Joey” Al Lipkin’s telephone number, that he told ” Joey” that he had told Lipkin some people might want to talk to him, that he told “Joey” that he had told Lipkin to go after Peterson, and that he mentioned Al Ristuccia to “Joey”. The  allegations regarding Michael Flynn are described above.

None of those allegations is itself evidence of any unlawful connection between those men and Mr. Armstrong. Further, since we have been presented with no significant evidence of any unlawful conduct on the part of Mr. Armstrong, we do not find that there is sufficient evidence to warrant further investigation
of the allegations that Al Lipkin, Al Ristuccia, or Michael Flynn aided and abetted the commission of any crime.

In addition to the lack of evidence set forth above, it must also be noted that, lacking knowledge of the manner in which the video tape recordings were obtained, we do not know whether their acquisition violated either United States or California law. If it violated federal law, material thus acquired even
if relevant – which it does not appear to be -might be inadmissible in evidence.

For all of the reasons described above, we have concluded that there is no evidence in support of the allegations of criminal conduct on the part of Daryl Gates, Al Lipkin, Al Ristuccia , Gerald Armstrong, and Michael Flynn. Accordingly, we shall take no further action in this matter, and our file is closed.

Very truly yours,

IRA REINER District Attorney
CURT LIVESAY
Assistant District Attorney

By [signed]
ROBERT N. JORGENSEN
Deputy District Attorney

jeb

c: Chief Daryl Gates, L.A.P.D.
Ron Townsend, I.R.S.
Al Lipkin, I.R.S.
Al Ristuccia, I.R.S.
Gerald Armstrong
Michael Flynn

[page break]

FOOTNOTES

1. This is set forth in a document entitled “6. Obstruction of Justice”.

2. See Exhibit 7 attached to “6. Obstruction of Justice.”

3. See Exhibit 11 attached to “6. Obstruction of Justice.”

4. See Number 1, above.

5. See document entitled “5. Conspiracy.”

6. See Number 1, above.

7. See document entitled “2. Soliciting… .”

8. See document entitled “1. Soliciting… .”

9. See Number 5, above.

10. See document entitled “4. Preparation of False Documentary Evidence.”

11. See document entitled “3. Extortion.”

12. See document entitled “1. Soliciting… .”

13. See Exhibit 1 page 16.

14. See document entitled “2. Soliciting… .”

15. See Number 1, above.

16. See Number 5, above.

17. See Number 8, above.

18. During our December 10 meeting, Messrs. Peterson and Butterworth identified “J” as “Joey”.

Notes

  1. This letter in PDF format.

Declaration of Gerald Armstrong (April 9, 1986)

I, GERALD ARMSTRONG, hereby declare as follows:

1. I have reviewed the document copies produced by plaintiff and cross-defendant Church of Scientology of California, hereinafter referred to as the “organization,” pursuant to this Court’s orders of July 2, 1985, September 9, 1985 and December 9, 1985. The documents were not designated as to which discovery requests they were being produced under. They were received in a stack of 139 pages which I have numbered in the same order as received. They consist of 57 pages of documents from my Guardian’s Office Intelligence or B-1 files and 82 pages of “success” stories taken from my preclear (or auditing or processing) files.

2. I have personal knowledge that the organization has in its possession or control the following documents which it has not produced in the instant case but did produce for my viewing, but not for release to me, in March 1985, in the case of Christofferson v. Church of Scientology, Mission of Davis, et al, Case No. A 7704-05184, in the Circuit Court of the State of Oregon, for the County of Multnomah:

1. 14 page “time track”

2. O/W write up 4/4/72

3. $3.00 fine from Boats I/C 10/20/72

4. $250.00 promissory note 11/2/72

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5. 4 page personnel survey 1/5/73

6. Orders of the Day (OOD’s) – re Non-Existence assignment 8/21/73

7. Flag Conditions Order (FCO) 2513 Committee of Evidence re visas 8/21/73

8. OOD’s re missed muster 8/25/73

9. Knowledge report from Deck Engineer 9/16/73

10. Doubt formula 10/10/73

11. Findings – Court of Ethics – FCO 2639-1 11/14/73

12. Treason Formula 11/20/73

13. Liability Formula 6/12/74

14. Flag Personnel Order (FPO) 515 Temporary Port Captain 7/7/74

15. Enemy Formula 7/13/74

16. Liability Formula 7/15/74

17. FCO 2507 Delayed Mission 8/14/73

18. FCO 2782 LRH Cramming Order 1/4/74

19. FCO 2848 Shore Ethics 1/30/74

20. FCO 2892 LRH Order 2/12/74

21. FPO 950 Warrant Officer 2/23/74

22. FPO 969 Port Captain In-Training 2/25/74

23. FPO 2926 Port Ethics 3/4/74

24. OOD’s absent study – 3/24/74

25. FCO 2972 PR Study 3/31/74

26. FCO 2972 cancelled 4/1/74

27. FCO 3024 Port Captain’s Office 5/18/74

28. Confusion Formula 7/13/74

29. Treason Formula 7/13/74

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30. Liability Formula 7/15/74

31. No report report 9/26/74

32. FCO 3562 Exec Study 2/3/75

33. Liability assignment (vital info) 3/26/75

34. FCO 3793 Org Program No. 1 4/21/75

35. FCO 3813 Stale Justice 5/2/75

36. FCO 3939 Clearing stations 6/7/75

37. Note from Mary Sue Hubbard re parents 7/11/75

38. Note Ron Anderson to Mary Sue Hubbard 7/13/75

39. 11 pages of data for CSW to join Guardian’s Office (GO) 9/12/75

40. Dispatch to GO BRII Dir. re Mother 9/16/75

41. Non-disclosure bond 9/22/75

42. Letter to Fosdick from Andrew Armstrong 10/6/75

43. Letter to Fosdick from P.J. Armstrong 10/75

44. 12 page Compliance report re Mother 11/19/75

45. Bond re UCE 12-75

46. FCO 4517 RPF Assignment 7/1/76

47. 12 page Basic auditing checksheet 7/28/76

48. 15 page metering course checksheet 7/30/76

49. Declaration re RPF 7/28/76

50. $750.00 promissory note 7/28/76

51. 3 page Rudiments Course checksheet 8/20/76

52. Executive Directive 81 Area Estates (ED AE) RPF Bosun 10/10/76

53. Ethics Order (EO) 24 AE Additional RPF duty 10/17/76

54. PRF Personnel Order – supply officer 8/28/76

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55. Undated RPF Treason formula

56. 3 page First Dynamic Danger Formula 12/7/76

57. Dispatch re Curacao Consulate 2/2/77

58. 3 page Liability Formula 2/12/77

59. Dispatch re Moosejaw, Saskatchewan arrest 3/8/77

60. Dispatch re Chilliwock, B.C. arrest 3/8/77

61. Security

62. FCO 4901 Comm Ev. 8/22/77

63. FCO 4906 Findings and Recommendations 8/30/77

64. Note – Parents caused trouble

65. PTS check 9/2/77

66. Larry Price recommendation 11/30/77

67. Attestation stats in normal in PRF 11/30/77

68. David Mayo Commendation 11/30/77

69. Senior C/S report 11/30/77

70. 3 page Letter Tonja Burden to L. Ron Hubbard 12/77

71. 2 page report from Tonja Burden on her father 12/77

72. 5 page report from Terri Armstrong re Tonja Burden 12/15/77

73. Order from Assistant Guardian SU re G. Armstrong 12/20/77

74. Answer from Hubbard re petition from G. Armstrong 3/28/78

75. Report from Clarisse Barnett re G. Armstong 3/28/78

76. 5 page summary of Jamaica debrief 4/13/78

77. Treason Formula 9/27/78

78. Enemy Formula 9/27/78

79. Liability Formula 9/27/78

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80. RPF Hat checksheet 9/29/78

81. RPF Basic Hat checksheet 10/1/78

82. Solo Auditor checksheets 10/1/78

83. Conditions Order 384 WHQ RPF 12/19/78

84. Doubt Formula 12/22/78

85. Conditions Order 288-3 re Posting 4/3/79

86. R Renovations statistics 12/8/79

87. Request chit withdrawal 12/9/79

88. Refusal to withdraw chit 12/9/79

89. Petition to Hubbard 1/8/80

90. CSW from Laurel Sullivan re G. Armstrong 1/18/80

91. Non-existence (NE) formula 2/3/80

92. NE Formula to Mary Sue Hubbard 2/5/80

93. Hubbard’s answer to NE 2/8/80

94. 7 pages of OCA, Leadership, IQ, aptitude test results 2/9/80

95. Mary Sue Hubbard answer to NE 2/11/80

96. 5 page GO interview re Tonja Burden 3/25/80

97. 2 pages re biography project 5/80

98. Dispatch to Leo Johnson re Martin Leslie 9/2/80

99. 2 page report re off-policy actions in the RPF 10/16/80

100. 6 page CSC “covenant” 1/20/81

101. GO interview re UCE 6/2/81

102. 11 page report to Sue re biographical sketches 6/18/81

103. 2 page letter from Jocelyn Armstrong to Holli Carlson re parents 7/6/81

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104. 5 page report from Jocelyn re parents 7/6/81

105. Report from Gary Reisdorf re G. Armstrong 8/14/81

106. Report from HCO Chief Product Development Org International (PDOI) re G. Armstrong 8/17/81

107. 16 page critique of Research & Discovery biography 9/1/81

108. 4 page report to Sue Anderson re pack 10/18/81

109. 4 page biography debug project 10/30/81

110. 2 page report re Nibs 11/9/81

111. Dispatch from Lois to Donna re biography 11/9/81

112. 4 page report to Donna re biography 11/10/81

113. 17 page report Donna to Lois including G. Armstrong’s report 11/14/81

114. Report from Don Johnson re G. Armstrong 12/13/81

115. Report Don Jonson to Terri Gamboa re G. Armstrong 12/14/81

116. Report from Vaughan Young re G. & J. Armstrong 12/15/81

117. 6 page report from V. Young re G. & J. Armstrong 12/15/81

118. Report from Marcus Swanson re G. & J. Armstrong 12/21/81

119. Dispatch to Don Johnson re G. Armsrtrong 12/30/81

120. Dispatch Don Johnson to Barbara DeCelle 1/2/82

121. Report Don Johnson to Ciruss Slevin 1/2/82

122. Report Barbara DeCelle to Don Johnson 1/2/82

123. Report V. Young to B. DeCelle

124. Report from Jeannine Boyd re G. Armstrong 1/12/82

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125. 4 page report from V. Young on meeting with G. Armstrong 1/17/82

126. Same 4 page report to the case supervisor (C/S) 1/17/82

127. Report from Brad Ballentine re Brown family 1/20/82

128. 4 page report to Roberto of interviews re D. Brown 1/20/82

129. 3 page letter from D. Brown to H. Carlson 1/20/82

130. 2 page report from Peeter Alvet of interview of Marilyn Brewer 1/21/82

131. 2 page report from Brad Ballentine of interview of Laurel Sillivan 2/12/82

132. Report from V. Young on what G. Armstrong knows 2/12/82

133. Report from DGIUS (Donna) to DG US re G. Armstrong 2/12/82

134. “Summary” re G. Armstrong

135. Part of “analysis” (of 1982)

136. “Gerry Armstrong Project” 2/17/82

137. Report from H. Carlson to Senior C/S 2/20/82

138. Dispatch from Snr. C/S to H. Carlson 2/21/82

139. Report from B. Ballentine to Roberto re G. Armstrong’s files 2/22/82

140. Telex to SU from AGI GLA 2/23/82

141. B. Ballentine daily report (DR) re G. Armstrong 2/24/82

142. 4 page report from Branch I Director Flag GO Intelligence re H. Carlson and G. Armstrong 2/25/82

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143. 9 page delcaration of Terri Gamboa re Tonja Burden 2/25/82

144. AGI GLA DR re G. Armstrong 2/26/82

145. B. Ballentine interview of B. DeCelle 3/1/82

146. DR re G. Armstrong

147. DR re G. Armstrong (folders) 3/4/82

148. DR re G. Armstrong 3/5/82

149. DR re G. Armstrong 3/8/82

150. Physical description of G. Armstrong

151. DR re G. Armstrong 3/10/82

152. DR re G. Armstrong surveillance

153. DR re G. Armstrong stakeout 3/11/82

154. DR re G. Armstrong stakeout 3/12/82

155. DR re G. Armstrong stakeout 3/15/82

156. DR Guardian Activities Scientologist (GAS) called B. Ballentine 3/16/82

157. DR re G. Armstrong 3/17/82

158. DR re G. Armstrong and Alan Walter 3/18/82

159. DR re G. Armstrong to Dick Sullivan 4/1/82

160. Letter from Dick Sullivan to G. Armstrong 4/12/82

161. 4 pages re Burden deposition in Paulette Cooper case 4/82

162. HCO Policy Letter “Field Auditor Fees” 4/29/82

163. 4 page declaration by T. Gamboa 5/21/82

164. 3 page report re meeting with Kohlweck 5/26/82

165. 2 page “confidential” report re Nibs 6/1/82

166. Note G. Armstrong C/O John Compton

167. Report from AGI GLA re “Flynn Forum” 5/31/82

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168. Report from DGI US re G. Armstrong being served 6/2/82

169. Description of G. Armstrong and address

170. 2 page report from B. Ballentine re “disaffecteds” 6/12/82

171. 3 page comparison of G. Armstrong Burden affidavits

172. 3 page analysis of G. Armstrong Burden affidavit of 6/25/82

173. 12 pages copy of article from “Look” Dec. 1950

174. 2 pages re G. Armstrong’s accusations against “Church”

175. Subpoena for Omar Garrison 8/31/82

176. 13 page affidavit from Ford Schwartz

177. 3 page J. Armstrong time track 8/16/82

178. 8 pages notes from G. Armstrong deposition

179. 4 page GO report re Walt Logan, etc. 8/29/82

180. Page 2 of report from Kathy, DG PR US

181. “Clearwater Sun” article re Nibs Hubbard 11/14/82

182. CIC X-file list re M. Parsons

183. 11 page report from Theresa Parsons 12/27/82

184. 2 page report from V. Young re “Time” and G. Armstrong 1/14/83

185. 12 pages G. Armstrong deposition excerpts

186. 3 pages “New York Times” article 1/6/83

187. “Time” article 1/31/83

188. 5 page “debrief” of T. Gamboa re G. Armstrong 3/12/84

189. 10 page G. Armstrong declaration for FBI 9/6/84

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190. “St Petersburg Times” article 4/20/84

3. What the organization produced as my B-1 file in the Christofferson case was in fact only a portion of the actual file. On April 4, 1985, I testified about what items I could determine with certainty were missing from what was produced. My testimony and statements of counsel on that date are attached hereto as Exhibit A.1 At page 4069, defense attorney, Harry Manion, described the compilation of the B-1 time track:

“MR. MANION: All the documents referenced in the time track: They are collected throughout the organization in Ethics files, in Knowledge Reports, in Flag Orders. The man was in the organization, according to his own testimony, for eleven years. Hundreds and hundreds of documents and other sources, talking to people, were used to compile the time track.

At page 4070, the Court ordered the production of all documents omitted from my B-1 files, including all documents up to date; i.e., April 4, 1985, and attorneys for defendant organization (the same organization as plaintiff and cross-defendant in the instant case) agreed to produce all such documents.

These documents, however, were never produced. They include up to April 1985 at least the following:

1. The documents from which the entries on the 14 page “time track” were excerpted or on which the entries were based.

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2. The documents from my “ethics” and “personnel” files.

3. The records and documents concerning my incarceration in the US GO Intelligence Bureau in Fifield Manor in June 1976.

4. The interview of me done by GO Intelligence official, Brian Roubinek, in July/August 1976 in Clearwater, Florida.

5. The Compliance reports or progress reports to each of the targets of the “Gerry Armstrong Project” of February 17, 1982, attached hereto as Exhibit B.2

6. The statements, notes, names, dates, incidents, connections, data or other information culled from my pc (or preclear, or auditing, or processing) files.

7. The documents, materials or information on which the report of September 30, 1982 re Dead Agenting Gerry Armstrong is based.

8. The orders or correspondence to the private investigators who surveilled my wife, Jocelyn, and me beginning in May 1982, and who assaulted me, ran into me, attempted to involve Jocelyn and me in freeway accidents, and who followed and harassed us through September 1982. Also the daily PI reports from each day of this period.

9. The orders, reports, materials, briefings, and documents concerning a visit and subsequent telephone calls to me by Mark Rathbun in February through April 1984. Rathbun stated to me that the organization had done an “eval” regarding me, so this would include the eval, all accompanying “data,” documents and the

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resultant “program.” An “eval,” or evaluation, is a mimeographed issue type, only approved with supporting documentation.

10. The mission, project or program orders pursuant to which Terri Gamboa met with me on March 8, 1984, and subsequently wrote her “debrief” of March 12, 1984 attached hereto as Exhibit C.3  There could not be “debrief” without there being a “briefing” on orders.

11. The orders, reports, correspondence and documents concerning surveillance and harassment by organization agents in London in June 1984. A copy of a declaration I wrote on July 1, 1984 concerning the surveillance and harassment is attached hereto as Exhibit D.4

12. The orders, reports, correspondence and documents relating to the operation in June 1984 to use my pc folders to lure me into a trap. This operation was acknowledged by the two organization agents, Mike Rinder and “Joey” in the videotapes illegally taken of me in November 1984.

13. The orders, reports, correspondence, and documents relating to OSA INT Executive Directive 19, of September 20, 1984, a copy of which is attached hereto as Exhibit E.5 OSA or Office of Special Affairs is the new name given to the Guardian’s Office. Its functions are the same.

14. The orders, reports and documents concerning the photographing of me by organization members on November 8, 1984 in Los Angeles, including the

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photographs taken.

15. The orders, reports, correspondence, materials and documents concerning the burglarizing of the trunk of my car on November 8, 1984, and the theft therefrom of a manuscript and artwork of approximately 350 pages, and various documents relating to this litigation. This includes the stolen materials themselves.

16. The copies made by organization agents known to me as “Joey” and “Rena” of my writings and drawings which she requested as a potential publisher, and which I loaned to her on November 9, 1984. These consisted of approximately 250 pages of personal creative works which were copied without my knowledge, and the copies of which were kept by the organization.

17. The records, reports, orders, correspondence, documents and audio and video recordings of a meeting, arranged by organization agents posing as “reformers,” between an attorney Thomas Janeway and me in November 1984 in Encino, California. Janeway pretended to be working for these “reformers” and attempted to entrap and compromise me.

18. The records, reports, correspondence, orders, documents or materials relating to the obtaining of false authorizations “directing” the videotaping and wiretapping of my attorney, Michael Flynn and me, in November and December 1984. Three of these phony authorizations are attached hereto as Exhibit F6

19. The records, reports, correspondence, orders, audio

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and video recording, documents or materials relating to an attempt by organization agents to get me to fly to Las Vegas, Nevada in the fall of 1984 to meet with a proposed “backer” of their intended litigation to “reform” the organization.

20. The correspondence, reports, statements, documents or materials supplied to or received from the Los Angeles Police Department, or any officer thereof, in 1982 through 1984 in various attempts to have criminal charges brought against me in connection with the Hubbard archives (or “Armstrong documents.”) It is known that the organization corresponded at least with one officer, S.J. Capuano in the N.E. Detective Division in this effort to have me arrested.

21. The orders, reports, projects, programs, briefings and debriefings, audio and video recordings, and all related documents and materials concerning what the organization calls the “Armstrong operation.” This operation, which in fact began right after I left the organization, involved the use of a friend, Dan Sherman, to get close to me, feed me false information, compromise me and frame me, with the goals of destroying my reputation, my ability to testify in Scientology litigation, my emotional and physical well-being, my economic base, my marriage and my life. On page 2 of the February 17, 1982 “Gerry Armstrong Project,” Exhibit B, is the statement:

“Step 15) Persue (sic) the potential existing line

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that might be available to us via a trusted GAS who is a writer and who is respected by Gerry. This would require some reach from Gerry, though, as he might be suspicious if this GAS made a big reach for him.”Dan Sherman is the “trusted GAS.” GAS stands for Guardian Activities Scientologist, a covert operative of the GO not formally posted on staff. The “Armstrong Operation” became known to me in April 1985, when the organization attorneys announced that meetings I had had with two individuals, “Joey,” and Mike Rinder, as arranged by Sherman, had been secretly videotaped. Sherman, Joey and Rinder represented themselves as part of a group seeking to reform the organization and have it cease its tortious and criminal activities, such as the actions taken against me. Attorneys John G. Peterson and Earle C. Cooley stated in Christofferson that there were no written documents of any kind regarding this operation. Their statements to the Court in that regard on April 11, 1985 are attached hereto as Exhibit G.7 Their statements must, however, be regarded, given the magnitude of the operation, the expense, the number of people involved, and the modus operandi and policies of the organization regarding working only off of written programs and orders and complying in writing to all orders, as perjurious. There are thousands if not tens of thousands of pages of documents not produced: daily reports, weekly reports, battle plans, statistic reports, PI reports, CSW’s, projects, programs, evals, targets,

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compliance reports, orders, nudges, debugs, requests for funds, budgets (FP’s), accounting reports, cross file sheets, exception sheets, computer data and files, briefings, debriefings, drillings, video recordings, audio recordings, wiretap recordings, etc. These orders, reports, documents and recordings involved at least:

Gerald Armstrong

Jocelyn Armstrong

Michael Flynn

Dan Sherman

Mike Rinder

Joey

Rena

John Peterson

Clayton Ruby

Eugene M. Ingram

Philip Rodriquez

Terri Gamboa

Thomas Janeway

Peterson’s statement on April 11, 1985, at page 4692 of Exhibit that the videotaping of me “was done by the Toronto attorney (Clayton Ruby) and a private investigator (Eugene M. Ingram), not me, not the Church,” is also perjurious. Dan Sherman was an organization GAS member, and Rinder and Joey, the two individuals who were bodywired, who set me up, and who appeared in the video, were organization members. Peterson’s duplicity is also

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shown in his declaration dated April 17, 1985, filed in this case and several other cases around the country and attached hereto as Exhibit H.8 Although on April 11, before the Oregon Court Peterson professed no knowledge of the “Armstrong Operation” and no “Church” involvement, in his declaration he claimed to have “personal knowledge” and stated that (at Par. 5) “Joey and the Loyalists ( the group claiming to be reformers) were created only after the Church learned of Armstrong and Flynn’s desire to get an inside source within the Church.” (Emphasis added)

22. The orders, reports, compliances, briefings, documents, audio and video recordings, photographs and the materials relating to the forgery and attempted cashing of a $2,000,000 check on the Bank of New England account of L. Ron Hubbard in 1982, and the operation to frame Michael Flynn and me with the crime. Sherman and the “Loyalists” stated to me, in order to draw me into the “Armstrong Operation,” that it was their intention to, and they stated they could, prove that Flynn was innocent and the organization was knowingly framing him. They went so far, in order to demonstrate to me their intent to help prove Flynn’s innocence, as to provide me with a document, a handwritten copy of which is attached hereto as Exhibit I9, to be passed to the authorities investigating the check scam. In his “Declaration in Opposition to Motion for Attorneys’ Fees” dated July 30, 1984 and filed in this case, John Peterson claimed that

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Michael Flynn was guilty of the forgery and the attempt to cash the forged check, and he attached an affidavit by one Ala Fadili Al Tamimi in support of his claim.10 Later evidence revealed that the organization paid Tamimi $25,000 for the affidavit. And further evidence has revealed that the organization knew in early 1984 that Flynn had nothing to do with the check scam that the Tamimi affidavit was false, yet it continued, through its attorneys, the operation to frame him. The PI behind the frame-up is Eugene M. Ingram11, the same person who illegally videotaped me. In his “testimony” before the Los Angeles Police Department Board of Rights, regarding Philip Rodriquez’ unlawful and false authorization of the videotaping and wiretapping of Michael Flynn and myself, Earle C. Cooley also accused me of involvement in the Hubbard check forgery. Cooley’s testimony is attached hereto as Exhibit J12. At pp. 177, 178, Cooley states:

“I think the proof of this pudding is in the eating, on the tapes and on the transcripts. The crimes were as represented. If you look at the letter of authorization signed by officer Rodriguez, it seems to me that every one of those crimes was uncovered, and that its investigation, if you will allow me, ought to be focused on the criminals, who are the ones who have brought about this hearing through a complaint on the part of Michael Flynn who himself is being investigated by a grand jury, the federal grand jury in the city of Boston right now, as well as Mr. Armstrong and others

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that were involved in the two million dollar check forgery which is talked about on those tapes and is part of the coverup that is attempted by phony documents being planted in the files of the Church.”(Emphasis added)

There are thousands, if not tens or hundreds of thousands, of documents relating to the Hubbard check forgery, the purchased perjured testimony and the attempts to frame my attorney Michael Flynn and me with the “crime.” These include at least: daily reports, weekly reports, battle plans, battle plan reports, statistic reports, PI reports on a daily basis from at least 1982 to the present, CSW’s, mission orders, projects, programs, evals, targets, estimates, compliance reports, progress reports, orders, nudges, debugs, requests for funds, budgets (FP’s), accounting reports, cross file sheets, excerption sheets, computer data and files, briefings, drillings, debriefings, audio and video recordings, wiretape recording, etc. These orders, reports, correspondence, documents and recordings involve at least:

Gerald Armstrong

Jocelyn Armstrong

Michael Flynn

Joey

Mike Rinder

Eugene M. Ingram

John Peterson

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Earle C. Cooley

Ala Fadili Al Tamimi

Wayne Hollingsworth

Stacy Young

Heber Jentzsch

Gary Pappas

Daniel Lenzo

Donald Randolph

L. Ron Hubbard

Akil Abdul Amiar Al Fadili Al Tamimi

Andrew Lenarcic

Jeff Chevelle

Mark Rathbun

Larry Reservitz

George Kattar

All the documents could be cross-filed under various headings or names or code names.

23. The correspondence, orders, reports, statements, documents photographs, or materials relating to the “Freedom” tabloid issue 61, published in August 1984, a reduced copy of which is attached as Exhibit K.13

24. The correspondence, orders, reports, statements, documents photographs or materials relating to the article entitled “Ex-U.S. Attorney’s Role in Check Forgery Surfacas in Boston Court” in the “Freedom” tabloid issue 62, published in October 1984, a reduced copy of which is attached hereto as Exhibit L.14

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4. Following my testifying in Christofferson, the organization continued its attack on me with numerous other operations to discredit, harass and intimidate me, and destroy my life. There are thousands of pages of documents as yet not produced, concerning the incidents and acts as follows:

1. The correspondence, orders, reports, statements, photographs, documents or materials relating to the “Freedom” tabloid published in April/May 1985, a reduced copy of which is attached hereto as Exhibit M.15

2. The correspondence, orders, reports, statements, photographs, documents or materials relating to the “Freedom” tabloid published in May 1985, a reduced copy of which is attached hereto as Exhibit N16.

3. The correspondence, orders, reports, statements, documents or materials relating to the “advertisement” attached hereto as Exhibit O 17 which appeared in “The Oregonian” newspaper of May 30, 1985, in Portland, Oregon, particularly with regard to the statement:

“Another one of Christofferson’s key witnesses, Gerry Armstrong, a government informant, was indisputably shown to have engaged in an operation to infiltrate the Church of Scientology. Armstrong’s plot, based on evidence submitted in court, appears to have been conceived with the advice and consent of Flynn and members of the IRS Intelligence Branch. It indicated the planting of forged documents in the church which could then be “discovered” by government agents in planned raids on church premises. The forged documents

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would incriminate the church in nonexistent illegal activities and would serve as a basis for the indictment of current church management.”

4. The correspondence, orders, reports, statements, documents or materials relating to the organization’s radio show “Freedom Magazine” on station WTTP in Boston on June 11, 1985, a transcript of which is attached hereto as Exhibit P.18

5. The correspondence, orders, reports, statements, documents, payments, receipts or materials delivered to or received from L. Fletcher Prouty relating to G. Armstrong. Prouty has signed a number of false declarations concerning me in relation to the videotapes since April 1985.

6. All edited versions of the videotapes which had originally been made of me in November 1984. Attached hereto as Exhibit Q is a flyer distributed to Scientologists in April and May 1985 directing them to a showing of an edited version of the tapes.19 Also, Earle Cooley, during his testimony before the LAPD Board of Rights showed an edited version of the videotapes. (See Exhibit J, pp. 156-174.) Also, edited versions were shown to various members of the media, including at least the CBC, CBS, the “Sacramento Bee.” An edited version was also used by organization personnel as a promotional device, showing members the version, misinterpreting its content and significance and requesting from these members $2,000.00 each. The projected target was 25,000

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people “regged” for $2,000.00, or a total of $50,000,000.00 on the basis of these illegal videotapes of me.

7. The correspondence, orders, reports, statements, documents or materials, relating to the editing of the videotapes, including the editing which occurred prior to the Christofferson trial, plus the audio section edited out of the videotapes.

8. The correspondence, orders, reports, statements, documents or materials relating to the delivering of edited versions of the videotapes to any members of the media.

9. The correspondence, orders, reports, statements documents or materials relating to me sent to any media including newspapers, television and radio.

10. The correspondence, orders, reports, statements, documents or materials, relating to the showing of the videotapes or edited versions thereof to staff or public Scientologists, including any briefings given, requests for “donations” or funds, any projects, programs or evals related to this operation and any financial records of said operation.

11. The correspondence, statements, documents or materials supplied to or received from the Los Angeles District Attorney’s office in 1985 or 1986 in an attempt to have criminal charges brought against me in connection with the videotaping of me by the organization. At page 167 of Earle Cooley’s testimony at the Board of Rights on

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October 4, 1985, (Exhibit J), he states: “charges have been filed with the District Attorney of this County” and at page 168 that “there were two submissions to him (the DA), an initial submisssion and he called for additional materials, and additional materials went to him last week.”

12. The correspondence, orders, reports, statements, documents or materials relating to the photographing of my residence in Boston, Massachusetts on October 7, 1985, including all photographs created.

13. The correspondence, orders, reports, statements, documents or materials relating to the mugging and robbery of me outside my residence in Boston on October 25, 1985.

14. The correspondence, reports, statements, documents or materials supplied to or received from the Federal Bureau of Investigation in 1985 or 1986 in an attempt by the organization to have criminal charges brought against me in connection with an incident allegedly occurring on October 13, 1985, in Boston, Massachusetts. Attached hereto as Exhibit R is a declaration I wrote immediately following being interviewed by an FBI agent regarding this attempt to frame me.20

15. The correspondence, reports, statements, documents or materials concerning the operation to bring false criminal charges against me via the FBI as described in 13 above.

16. The correspondence, orders, reports, statements,

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documents or materials relating to the “Freedom” tabloid published in February 1986, a reduced copy of which is attached hereto as Exhibit S.21

17. The correspondence, orders, reports, statements, documents or materials relating to the operation to have several hundred copies of the “Freedom” tabloid (Exhibit S) planted in the building where I work on February 11, 1986 during my deposition in the case of Burden v. Church of Scientology.

18. The correspondence, orders, mission orders, reports, telexes, statements, documents or materials relating to an operation or mission in February and March 1986 involving organziation agent, Meryl Dubay, the purpose of which was to “Black PR” me among plaintiffs and witnesses in various cases against the organization.

19. The correspondence, orders, reports, statements, documents or materials, relating to the photographing of my residence on March 21, 1986.

20. The correspondence, orders, reports, statements, documents or materials regarding me delivered to the Internal Revenue Service in 1985 or 1986.

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

Executed this 9th day of April, 1986 at Boston, Massachusetts.

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______________________
GERALD ARMSTRONG

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Notes