Public Policy (January 25, 2015)

by Gerry Armstrong 1

Caroline on ESMB: Gerry concluded some time ago that the key to the IRS decision and its cancellation is the “public policy” issue, or actually public policy violations issue. This explains why neither Rathbun nor Rinder have told the truth about their fair gaming of Gerry, Mike Flynn, etc., and have not told the truth about false statements to and dealings with the IRS. From the Introduction to the Armstrong Operation: […]

Wildcat on ESMB: This is good information, thank you! Can you provide a link or clarification about the “public policy” issue? I’m not sure what that is, but am very interested to know more.

Public policy. That principle of the law which holds that no subject can lawfully do that which has a tendency to be injurious to the public or against the public good. The principles under which the freedom of contract or private dealings is restricted by law for the good of the community. The term “policy,” as applied to a statute, regulation, rule of law, course of action, or the like, refers to its probable effect, tendency, or object, considered with reference to the social or political well-being of the state. Thus, certain classes of acts are said to be “against public policy,” when the law refuses to enforce or recognize them, on the ground that they have a mischievous tendency, so as to be injurious to the interests of the state, apart from illegality or immorality. — Black’s Law Dictionary, Fifth Edition

To see how “public policy” fits into the Scientologists’ IRS scheme, start with the September 1984 judgment in Church of Scientology of California v. Commissioner of IRS.2

The US was very aware of the Scientologists’ public policy violations against government, organizations and individuals because of the documents seized in the 1977 FBI raids, and because of testimony of Exscientologists. A broad statement reflecting the US’s knowledge of such public policy violations is provided in the December 1980 Sentencing Memorandum in the US v. Jane Kember & Mo Budlong case.

Thus, as the evidence shows, these defendants orchestrated an elaborate cover-up, beginning in June 1976 and continuing through   June 1977 and, no doubt, thereafter.  In fact, a significant part of the defense they presented at trial — their attack on the integrity and reliability of Michael Meisner — was foreshadowed in the “obstruction documents.”  They presented this Court with a shabby attempt at impeaching Meisner’s credibility by claiming that he stole money from the Church — the same false claim they made against another former Scientologist who had the courage to expose their crimes and thus fell victim to their fair game doctrine. Allard v. Church of Scientology of California, 58 Cal. App. 3d 439, 129 Cal. Rprtr. 797 (Ct. App, 1976), cert. denied, 97 S. Ct. 1101 (1977).

[…]

Other Crimes Committed by These Defendants

The defendants’ contention that they committed the crimes of which they stand convicted in order to protect their Church from Government harassment collapses when one reviews a sample of the remaining documents seized by the FBI during the execution of the two Los Angeles search warrants.  If anything, these documents establish beyond doubt that the defendants, their convicted co-defendants, and their unindicted co-conspirators, as well as their organization, considered themselves above the law.  They believed that they had carte blanche to violate the rights of others, frame critics in order to destroy them, burglarize private and public offices and steal documents outlining the strategy of individuals and organizations that the Church had sued. These suits were filed by the Church for the sole purpose of financially bankrupting its critics and in order to create an atmosphere of fear so that critics would shy away from exercising the First Amendment rights secured them by the Constitution. [ ] The defendants and their cohorts launched vicious smear campaigns, spreading falsehoods against those they perceived to be enemies of Scientology in order to discredit them and, in some instances, to cause them to lose their employment. Their targets included, among others, The American Medical Association (AMA) which had branded Scientology’s practice of “dianetics” as “quackery”; the Better Business Bureau (BBB), which sought to respond to private citizens’ inquiries about the courses offered by Scientology, newspapers which merely sought to report the news and inform the public, law firms which represented individuals and organizations against whom Scientology initiated law suits (often for the sole purpose of harassment); private citizens who attempted to exercise their First Amendment rights to criticize an organization whose tactics they condemned; and public officials who sought to carry out the duties for which they were elected or appointed in a fair and even-handed manner. To these defendants and their associates, however, anyone who did not agree with them was considered to be an enemy against whom the so-called “fair game doctrine” could be invoked. [cite]  That doctrine provides that anyone perceived to be an enemy of Scientology or a “suppressive person”  “[m]ay be deprived of property or injured by any means by any Scientologist without discipline of the Scientologist.  [He m]ay be tricked, sued, lied to, or destroyed.” [cite] This policy, together with the actions of these defendants who represent the very top leadership of the Church of Scientology, bring into question their claim that their Church prohibited the commission of illegal acts.

[…]

Conclusion

The above recitation of evidence establishes beyond dispute the massive and insidious nature of the crimes these two defendants engaged in over the years.  It also puts to rest their protestation, articulated by Mary Sue Hubbard from the witness stand, that they only burglarized Government offices and stole Government documents because of some imaginary Governmental harassment campaign against them.

The brazen and persistent burglaries and thefts directed against the United States Government were but one minor aspect of the defendants’ wanton assault upon the laws of this country.  The well-orchestrated campaign to thwart the federal Grand Jury investigation by destroying evidence, giving false evidence in response to a Grand Jury subpoena, harboring a fugitive, kidnapping a crucial witness, preparing an elaborate cover-up story, and assisting in the giving of false statements under oath shows the contempt which these defendants had for the judicial system of this country.  Their total disregard for the laws is further made clear by the criminal campaigns of vilification, burglaries and thefts which they carried out against private and public individuals    and organizations, carefully documented in minute detail.  One can   only wonder about the crimes set forth in the documents secreted in their “Red Box” data.  That these defendants were willing to frame their critics to the point of giving false testimony under oath against them, and having them arrested and indicted speaks legion for their disdain for the rule of law.  Indeed, they arrogantly placed themselves above the law meting out their personal brand of punishment to those “guilty” of opposing their selfish aims.

The crimes committed by these defendants is of a breadth and scope previously unheard.  No building, office, desk, or files was safe from their snooping and prying.  No individual or organization was free from their despicable scheming and warped minds. The tools of their trade were miniature transmitters, lock picks, secret codes, forged credentials, and any other devices they found necessary to carry out their heinous schemes.  It is interesting to note that the Founder of their organization, unindicted co-conspirator L. Ron Hubbard, wrote in his dictionary entitled “Modern Management Technology Defined” that “truth is what is true for you,” and “illegal” is that which is “contrary to statistics or policy” and not pursuant to Scientology’s “approved program.”  Thus, with the Founder-Commodore’s blessings they could wantonly commit crimes as long as it was in the interest of Scientology.

These defendants rewarded criminal activities that ended in success and sternly rebuked those that failed.  The standards of human conduct embodied in such practices represent no less than the absolute perversion of any known ethical value system.  In view of this, it defies the imagination that these defendants have the unmitigated audacity to seek to defend their actions in the name of “religion.”  That these defendants now attempt to hide behind the sacred principles of freedom of religion, freedom of speech and the right to privacy — which principles they repeatedly demonstrated a willingness to violate with impunity — adds insult to the injuries which they have inflicted on every element of society.

These defendants, their co-conspirators, their organization, and any other individual or group that might consider committing similar crimes, must be given a clear and convincing message: criminal activities of the types engaged in here shall not be tolerated by our society.3

In July 1987, the Ninth Circuit of the US Court of Appeals affirmed the Tax Court’s 1984 judgment in CSC v. Commissioner. Because the Ninth Circuit affirmed on the ground of inurement to L. Ron Hubbard, it did not address the public policy issue.

We conclude that the Church failed to establish that “no part of the net earnings … inures to the benefit of any private shareholder or individual….” 26 U.S.C. Sec. 501(c)(3). Because we may affirm the Tax Court on this ground, we do not reach the questions of whether the Church operated for a substantial commercial purpose or whether it violated public policy. 4

Because the Ninth Circuit affirmed the Tax Court judgment only on the ground of inurement, it did not mean that the IRS could ignore the other grounds for denial of tax exemption if the Scientologists cured their inurement problem. Hubbard’s death solved inurement. The Scientologists solved their public policy problem by committing more public policy violations against the people who were already victims of the Scientologists’ public policy violations. For corrupt reasons, the US abetted the Scientologists, indeed required such public policy violations.

The Scientologists’ strategy, as has long been known, became to blame their Guardian’s Office for everything off-public policy the Scientologists had been caught doing, disband the GO as a rogue operation, and swear that public policy violations were no longer committed or permitted. The Scientologists, of course, first under Hubbard and then under Miscavige, continued violating public policy unabated, and probably even escalated public policy violating by having the GO to scapegoat.

The blaming of the GO, and the smearing of the Scientologists’ public policy violation victims by association with the GO, is a key theme in the Scientologists’ negotiated submissions to the IRS upon which tax exemption was granted in 1993. The Scientologists, and the IRS, had to deal with the public policy issue that is so prominent in the 1984 Tax Court judgment. These submissions, negotiated to demonstrate that public policy violations had ended with the GO, are actually irrefutable, and astonishing, proof that Scientologists continued violating public policy, directed by the very top leadership of Scientology. 5

There are, naturally, many years of evidence of the Scientologists’ public policy-violating activities since their exemption-reaping submissions. Their actions against me in violation of public policy started during the Hubbard regime and have not stopped throughout the Miscavige regime. In significant part, the Scientologists’ actions targeting me as an SP or enemy comprise a conspiracy against rights (18 USC 241), which clearly is against public policy. The Scientologists’ public policy violations in targeting me in their submissions to the IRS are stunning. In negotiating with the Scientologists to file this material targeting me, by requiring or permitting this material to be filed, and by interference of any kind against me on behalf of the Scientologists ever since, the US has been participating in their criminal conspiracy, and vice versa.

Although in his 2013 book Memoirs Mark Rathbun did not confront his participation in the Scientology-IRS conspiracy, which defrauded Americans and criminally prejudiced the SP class, he did disclose a number of things that are useful in examining certain of the Scientologists’ fact statements in their IRS submissions. Comparing the public policy sections of these submissions with the US’s knowledge of public policy violations as shown in the 1980 US v. Kember sentencing memorandum, and analyzing both fact sets with what Rathbun has disclosed or what is known from other sources, would be a logical next step.

 Notes

GA Letter to Jesse Prince (November 14, 2014)

Dear Jesse:

In my November 9 communication1, I mentioned that I would deal later with fact errors about me in your article,2 and I’m doing so now. I excerpted the section of the article that concerns me, and commented where I thought correction or clarification was needed.

JP: I began to recall being on the other side of the fence when Gerry Armstrong had to defend himself against Scientology style black ops for years.

What I had to defend against was war. It is understandable that the Scientologists waged Scientology style war; but because it is solely Scientologists, and their mercenaries, of course, who are waging it, and all in the cause of Scientology and in application of Scientology scriptural directives, it is proper to call what I had to defend against “war,” the Scientologists’ war on me.

Black ops are an essential option and channel in the Scientologists’ war machine. Again, because the Scientologists are the entities running the black ops, they’re properly Scientology black ops, rather than Scientology style black ops. If the Catholic Church has a war machine, and its black ops department got a writer’s finger prints on a sheet of paper and sent a threat letter to the Pope to get her falsely charged criminally, that would be a Scientology style black op. Or if the Catholic Church’s black ops department, with the Pope’s blessing and guidance, trained and drilled a priest to get close to some guy by pretending to be friendly, truthful and loving but really being an enemy, lying to the guy, covertly hostile to him and working for his destruction; then the priest and the Pope’s other agents covertly and unlawfully videotape their victim and pay a crooked cop for a license to do so; then the Pope and the whole Catholic Church hierarchy lie about their priest’s and their victim’s actions and words and even bear false witness against him in legal proceedings around the world; then the whole Catholic Church hierarchy conspires to frame the guy and have him criminally prosecuted; and then the whole Catholic Church hierarchy get their parishioners to join in the hate, the lies and the framing; that would be a Scientology style black op.

I am still the victim of the Scientologists’ black ops, which comprise an aspect of the war they wage on different fronts and channels. Certain aspects are very visible, so are not really black ops, even though the visible parts are targets on programs that contain black ops department targets as well. The Scientologists’ legal operations in their war on me are largely visible, even if their black and invisible ops might determine judicial outcomes; e.g., judge-, witness-, jury-, attorney-tampering. Much of what I had to defend against, and spent my time defending against during the years you were part of the Scientologists’ war effort, was their lawfare machine. Despite being in the throes of litigation, of course, someone doesn’t have to lose the awareness that Scientologists comprise an intelligence cult and always have black ops targeting people, certainly their adversaries in the legal arena.

In any case, you were in the Scientology hierarchy during some of the years when I defended against the actions of the Scientologists and their collaborators in their war on me. This would be the 1980’s into the early 1990’s.

JP: Scientology sued Jerry for absconding with 22 banker boxes of personal documents and artifacts of L Ron Hubbard.

No. I did not abscond as you describe it. I did abscond, in that I blew, I deserted –from post, from serving Hubbard, from the Sea Org, and from Scientology. To abscond is to depart in a sudden and secret manner, which I did. I absconded because, if I had not absconded but let my seniors know I was planning to leave, the Scientologists would have locked me up, and would have Lisa McPhersoned me. Although I absconded, I did not, however, abscond with 22 banker boxes of Hubbard materials. I did not abscond with any Hubbard materials, certainly not the materials that became central to the Scientologists’ initial lawsuit against me.

I absconded on December 12, 1981 with my wife Jocelyn. I obtained the documents that were the subject of the first Scientology v. Armstrong suit in late spring, early summer 1982. I obtained them from Omar Garrison, legally and with his permission, for the purpose of sending them to my attorneys for safety and for my defense in the war I knew the Scientologists were bringing to me. The Scientologists filed their suit on August 2, 1982.

The Scientologists did not sue me for absconding with 22 banker boxes of Hubbard materials. They sued me for the actions I took while on post in Hubbard’s Personal PR Bureau as his Archivist/Researcher and as the “research assistant” identified in the contract between AOSH Pubs DK and Omar Garrison for Garrison to write Hubbard’s biography. I provided materials from Hubbard’s personal archive and from other sources to Garrison in 1980 and 1981 pursuant to this contract, which had been negotiated and written by Hubbard’s personal attorney Alan Wertheimer. The Scientologists sued me for “conversion,” claiming that while working with Hubbard’s materials inside the cult, I converted them to my own use. The Scientologists even claimed that I converted to my own use the “xerographic and photographic paper and chemicals,” which I had purchased and consumed making copies of biographical materials for Garrison.

The Scientologists, using CSC as the plaintiff, also falsely claimed in their complaint that the documents in Hubbard’s archive were CSC’s personal property, not that they were Hubbard’s. On that false basis, the Scientologists could claim that CSC never gave me permission to provide anything to Garrison. I was able to show by Garrison’s contract, by my communications back and forth with Hubbard, and by other evidence, that I had the necessary permissions to provide Garrison Hubbard’s materials. And I was able to show that I had Garrison’s permission to provide some of these materials to my attorneys.

The Scientologists know all this, and know what the judge at my trial in LA Superior Court in 1984 specifically ruled about the chain of possession of the subject documents and my permissions to do with them what I did.

Judge Breckenridge: The court has found the facts essentially as set forth in defendant’s trial brief, which as modified, is attached as an appendix to this memorandum. In addition the court finds that while working for L.R. Hubbard (hereinafter referred to as LRH), the defendant also had an informal employer-employee relationship with plaintiff Church, but had permission and authority from plaintiffs and LRH to provide Omar Garrison with every document or object that was made available to Mr. Garrison, and further, had permission from Omar Garrison to take and deliver to his attorneys the documents and materials which were subsequently delivered to them and thenceforth into the custody of the County Clerk.3

That judgment was affirmed on appeal in 1991.4 The Scientologists and their collaborators continue to lie about my lawful possession of Hubbard’s materials, and get others to lie for them. Marty Rathbun, who, under cult head David Miscavige, ran the Scientology v. Armstrong litigation, and who knows the judgment in the case very well, continued this lie in his 2013 book Memoirs of a Scientology Warrior.

MR: Armstrong became increasingly paranoid under pressure and finally got spooked enough to go to Flynn for help. Armstrong also brought with him several boxes of biography archives he had lifted from the church; documents that demonstrated to him that Hubbard’s personal biography, promoted by the church, was full of holes. Memoirs (p. 193)

To “lift” as Rathbun is using the term here means to steal, or pilfer. If there had been 22 bankers boxes, or even one banker’s box, they all would have required lifting as in raising them to a higher position, even if I had lifted them from a shelf above my head. Lord knows, I have lifted many bankers boxes, including bankers boxes of what could be called “biography archives.” Rathbun knows, bemoaningly perhaps, but without a doubt, that I did not lift Hubbard’s documents as the Scientologists claimed. Rathbun also knows that the LA Superior Court adjudged that I did not lift, as in steal or pilfer, the subject documents. Rathbun knowingly serves Miscavige’s purposes by forwarding this lie he knows is a lie. You are serving Miscavige’s purposes by forwarding this lie; probably, I would hope, without knowing it is a lie.

Lawrence Wright did the same thing in his 2011 article in The New Yorker, stating as fact that while in the cult working on the Hubbard biography I had copied the subject documents “without permission” and that the Miller, Atack and Corydon books “all rely on stolen materials,” referring to the materials that had come out through my litigation. In The New Yorker, Wright repeated the Scientologists’ relentless black PR line despite my providing him and the fact checking crew the facts well before publication. I requested that the magazine correct these false statements, which are defamation per se, and I showed by showers of facts and docs that Wright was wrong. I had an enormously wondrous exchange with The New Yorker’s general counsel, and came away with one heck of a story, but the magazine, despite knowing they were wrong, and with no evidence, just kept on proclaiming they were right. It had to be I’d run into an agenda item.

You don’t have to go the way of The New Yorker, however. It is weird when you consider that this is such an important point in people’s psyches that some with no clue write about it, and so do writers who do have a clue. I correct the record when it’s possible, but the Scientologists and their knowing and unknowing collaborators just keep the black PR coming.

JP: I’m not trying to retell the story of Jerry Armstrong here but ultimately, Scientology paid Jerry a settlement of $800.000 in exchange for his promise not to copy or discloses the content of the banker boxes he’d taken.

But you are retelling my story here, and again, I had not taken banker boxes. As far as I am concerned, the Scientologists paid me to dismiss my legal claims, my causes of action, against them before trial of these claims, then set in March 1987. My causes of action were for fraud, intentional infliction of emotional distress, libel, breach of contract, and tortious interference with contract. These arose from my 12 ½ years as a Scientologist victim of Hubbard and his cultists inside his Scientology cult, and from my 5 years as their wog victim of their fair game policy and actions after I left their cult. My dismissal of my claims was lawful for the Scientologists to settle with me.

The Scientologists and their collaborators claim in their attacks that what they paid me for was my agreement, on penalty of $50,000 per utterance, to maintain total silence about my experiences or knowledge relating to Scientology, Hubbard, orgs, groups, related entities, directors, officers, employees, volunteers, attorneys, etc., etc. Because Scientology is both a religion and a criminal conspiracy against rights, this is, clearly, to anyone with a clue, unlawful. It lawfully impermissibly violates the US Constitution, US laws, and international human rights charters. Therefore, these conditions cannot be what the Scientologists paid for.

The Scientologists could, probably lawfully, pay me whatever they wanted for any reason. The reason, however, could be unlawful, or unlawful in part. A litigation party could lawfully pay an opposing party to dismiss his legal claims; but that party could not, for example, pay another party, lawfully, to assassinate someone, a third party, as a condition of settlement. If such a contractual arrangement is lawful, the party who failed to execute the assassination contract could be punished for breach of contract. A very similar fact and legal situation exists in the Scientology v. Armstrong case.

JP: What the hell was in those boxes? It’s a fascinating, well documented cock up of what happened when author Omar Garrison and his research assistant Gerry Armstrong verified L Ron’s actual education and military record history among other subjects. In a nutshell, too much of the information they were able to factually verify of L Ron’s past was contemptuously contrary to the yarn L Ron spun for his devout adherents and any other ear that could hear. Gerry Armstrong went on to violate his agreement with Scientology hundreds of times and is still perused by Scientology’s attach dog legal machine.

Yes, I have violated the Scientologists’ condition that compels that I be completely silent about my now 45+ years of Scientology-related experiences and knowledge. I have violated that condition hundreds of thousands of times. I have even disclosed the content of the documents that were the subject of the Scientology v. Armstrong case, and I have copied documents that had once been in the case. But the key terms in the condition that I constantly violate are my experiences and knowledge, which cannot be but religious. And yes, I am still pursued and attacked by the Scientologists and their collaborators.

JP: I know something about this because I was present and informed about Jerry’s legal troubles with Scientology as they was happening. I recall being present when the conditions of the settlement agreement between Gerry Armstrong and Scientology (Which in effect included whatever was best for Author Services Inc, ASI) was negotiated.

As I wrote earlier, I was not present when the conditions of the Scientologists’ contract were negotiated. The existence and nature of negotiation is a factor in establishing a contract’s unconscionability. Mike Flynn presented the contract to me as a done deal. There was then no further negotiation regarding the conditions that I objected to and knew were impossible to comply with because Flynn stated that those conditions were “unenforceable,” “not worth the paper they’re printed on.” This was reasonable, and I am only more certain after all these years and throughout the Scientologists’ efforts to enforce their conditions that it is true.

JP: From 1983 until the settlement in 1986, I would receive on a daily basis, usually sometime between 6-8 pm, intelligence reports generated by staff of Special Project Operations (ASI), OSA and RTC concerning secret and illegal operations by Scientology against Jerry, his lawyer Michael Flynn, and other plaintiffs represented by Michael Flynn’s firm.

This is what I would like to interview you about.

In whatever communications I’ve had with you since you left the cult, this is the first time you’ve mentioned your involvement to that degree in the war on me. I’m surprised by that.

JP: The operations against Jerry’s lawyer included having knowledge of someone putting water in the gas tank of an airplane piloted by Michael Flynn with his son on board.

This became the subject of a case the Scientologists brought against Flynn in US District Court in LA. I believe it was dismissed as part of the December 1986 “global settlement.” I don’t recall Rathbun mentioning the airplane case in his Memoirs. Your knowledge could be helpful.

JP: There was instant access into the lives of people who were deemed enemy’s Scientology through well paid and placed private investigators. These professionals sold their services to their Scientology paymasters because they had the latest modern bugging technology that was confirmed US CIA grade technology. Scientology was able to buy the services of ex-police, ex-FBI and other agency. Phone records were a fruitful source of information. Through illegally obtaining phone records Scientology always seemed to be a step ahead of their perceived enemies. ASI lead attorney was Earle Cooley. A big part of his job as legal council was to made sure we rode a fine line to separate church principles from the illegal activities sanctioned by the same principles.

There were years of board room meeting at ASI to figure out how to get rid of Jerry Armstrong, L Ron junior, David Mayo and a few other people who had devoted their lives in servitude to L Ron and his grand ideas.

These ASI board room meetings are important, because the universal crime in Scientology is the conspiracy against rights. ASI, Hubbard’s personal for-profit company, was directing Scientology Church employees to get rid of people.

ASI board room meetings were, of course, after the “disbanding” of the Guardian’s Office. The Scientologists blamed all of their myriad public policy violations on the GO, in all sorts of legal filings, but most importantly in the submission to the IRS on which their 1993 tax exemption is based. You were doing at ASI exactly what the GO did in their war room meetings – figure out how to get rid of knowledgeable people who told the truth about Hubbard, Scientology and Scientologists.

JP: All of these devoted people turned out to be Suppressive Persons all along according to the instructions from L Ron via his publishing organization ASI. It was new management’s job to hunt them down and get them put in jail. Some may recall during the early to mid 1980’s L Ron got a bug up his ass and thought he had the power to have people criminally prosecuted for disobeying or being out of step with what he wanted. This is way past just having a stick up your ass, he really wanted this done and some people did get set up and went to jail. It was required protocol to hate and contribute to the destruction of men and women that I had never met or laid eyes on. We would be sitting in the board room at L Ron’s Author Services organization reading advice’s from L Ron calling for the heads of staff he felt offended him somehow. Listening to Miscavige and other staff figuring out ever clever ways to get rid of the people who were aggravating poor L Ron. As we sat there making up plans to attach the very same people who were at L Ron’s side doing everything in their power to do his will. L Ron never wavered when it came to annihilating the oldest and closest devote adherents he had. There is no retirement in the business of Scientology. Ron taught his prodigy to quickly and quietly get rid of the most loyal staff members without remorse.

There were banker boxes full of “advises” from L Ron spewing hate filled vitriol about Jerry. The information that Jerry provided to Russell Miller and Jon Attack about L Ron’s actual history did in fact exposed his underbelly and pulled back the curtains on his imaginary life he expected others to believe.

Now is a great time to make those bankers boxes known about, in as much detail as you can recall. There’s another volume: Ron the Vitriologist.

JP: During the negotiations to settle with Jerry Armstrong the settlement was intentionally construed to make it too easy for anyone to claim Jerry had violated his agreement with Scientology. Those who were present knew this settlement, that still plagues Jerry today was not done in good faith. The actual intent of the settlement was to cause Jerry to be incarcerated for violation of his settlement agreement and that is exactly what has happened. The other factor is this; Jerry didn’t want to take any of Scientology’s money and he didn’t want to settle. He was in effect forced to settle by his own lawyer Michael Flynn. Michael Flynn and his whole family had been hounded by Scientology hired thugs and they were tired of it. Flynn was also the attorney of record for other ex-Scientologist in a civil class action lawsuit….you get the idea.

That’s not really true. I was willing to settle with the Scientologists. I have no problem with taking their money. The Scientologists did not know what I would be receiving to dismiss my claims. They paid a lump sum to Flynn and he distributed it to his clients as agreed between him and us. I had no compulsion to not settle and instead to force a trial of my claims. I had already exposed Hubbard and the Scientologists. The amount that the Scientologists paid me to avoid a trial was reasonable, and I have never complained about that sum. I was not, however, willing to never discuss my experiences or knowledge, nor to be the Scientologists’ punching bag with no right to defend myself. I knew the Scientologists’ contract was unconscionably one-sided, and I considered it another act of fair game, not a sincere effort to end the conflict between us. I would urge you to listen to my discussion of the settlement in Berlin in 2011:

JP: We had them right where we wanted. Each person received a settlement but Jerry was the only hold out. We even knew about the deteriorating relationship between Jerry Armstrong and lawyer Michael Flynn because we were the ones causing the confusion. In the end Jerry was forced to settle or be attached by his own attorney who wanted out and had been working on contingency anyway. There are standard legal agreements a plaintiff makes with a lawyer who takes on a case on contingency. The rule and agreement that comes into play is the plaintiff will agree to settle the case if there a reasonable offer on the table. Jerry was obligated to accept the settlement.

No, this isn’t the way it was. You Scientologists didn’t really have me where you wanted me. You didn’t know which way I’d go. I was not bound by any rule of contingency fee agreements that obligated me to settle, and nothing relating to this concept came up in my discussions with Mike Flynn or anyone else at the time of the settlement. As I said, the reasonable monetary offer to settle the case I had known and accepted. The impossible, unconscionable, unconstitutional and unlawful, but severable, conditions that the Scientologists have been judicially enforcing against me I had not known about. There was no deteriorating relationship between Flynn and me that I was even slightly aware of. What you were doing, and knew others were doing, to cause what you believe was a deteriorating relationship between Flynn and me is very relevant in a number of contexts. The remaining Scientologists and their collaborators still do not have me right where they want. They all need to stop wanting to have me where I won’t be.

JP: Someone can say that better than me but you get the idea, Jerry was forced to settle, then he was set up to violate the settlement whereby Scientology would recover its money times three and if possible get him arrested and put in jail.

I was under mind-altering duress to sign the Scientologists’ settlement agreement, but not from the contingency nature of Flynn’s and my attorney-client relationship. Again, the video I think best explains the situation and the pressures at the time of the settlement.

JP: After years of acting like I hated people I’d never met or seen with my eyes like Jerry Armstrong took some getting use to. Getting Jerry had been en grained in my mind. Even after being out of the cult for some years. I remember the first time I talked with Jerry years after I had left the cult. On a physical level I felt uncomfortable being around him or even engaging in personal or meaningful conversation. On a certain level I was afraid of Jerry and this made no sense. None of that changed the facts of how all of this made me feel emotionally. In L Ron’s alternative reality, it was considered a flaw to openly show or express emotion or empathy. We were all just ever replaceable characters in L Ron’s movie. Suffice to say I didn’t foster or encourage a speaking relationship with Jerry because I didn’t want to. The problem is this is how Scientology technology is designed to protect itself in the minds of its own.

Long before I testified in a court of law as an expert witness, Jerry had already been there doing that, the same as I would do later. The real truth is when I met Jerry I had not entirely overcome the misconceptions and false information I’d learned about him through the years. I was dismissive of Jerry and didn’t fully appreciate, let alone realize the personal sacrifice and contribution he made when he exposed L Ron for being the lying ass clown he was.

That was the 1980’s. Now I’m dealing with what the Scientologists have done and are doing in retaliation for what I did then. This is where you can help.

JP: It was only after reading the Russell Miller book with fresh eyes that I finally better understanding and more fully appreciated the work Jerry did.

The work I’m doing now is what is important. The war did not end when Hubbard was exposed as a liar, and it is in the war, in which you participated, that your testimony of times, places, forms and events is wanted.

JP: Since I’ve read the books again with fresh eyes so much has changed. I know I was Jerry when I woke up from the spell and stopped lying for and protecting Scientology. That meant it was my turn to be persecuted by juvenile intelligence tactics, endlessly financed on behalf of dead L Ron. These days both Marty Rathbun and Mike Rinder are Jerry too! No one owes or is obligated to me for anything and ultimately it may not matter what I think but I will say this. I don’t monitor Scientology activities anymore like I use to. That being said, It sure does make me smile when someone sends me something about Mike Rinder speaking out. He’s even been known to refer to Scientology as a cult. This is the guy who was the public face of Scientology for years! My heart goes out to him and his new family. These days Mike doesn’t mince words when tells people about Scientology, what a turnaround bless him. Marty Rathbun is probably the most knowledgeable person in existence when it comes to how Scientology plays ball in a law suit. From what I can tell he and his wife are progressing excellently with their lawsuit against Scientology, you have my blessing for that.

Rathbun and Rinder still support the Miscavige Scientologists in their war on me, and people connected to me. Rathbun and Rinder need to shift their misplaced allegiance from that most unjust cause to their victims.

Please correct the fact errors about me I’ve pointed out in your article. And I look forward to debriefing you about your Scientology v. Armstrong war stories, experiences and knowledge.

Thank you.

Notes

GA Letter to Jesse Prince (November 9, 2014)

Dear Jesse:

Great to read you’re feeling good.

There are a few fact errors in what you’ve written about the Scientology v. Armstrong litigation and war,1which I will deal with later.

Just now, I am writing to ask from you essentially what I have been asking from Marty Rathbun and Mike Rinder for the past few years:

  1. Communicate to me;
  2. Debrief to me and my legal representatives;
  3. Execute declarations that contain facts elicited in the debrief;
  4. Make themselves available to testify in any legal proceedings to correct the injustices or situations they helped make.

You will recall telling me about Miscavige and Rathbun claiming that they possessed the materials stolen from the trunk of my car by their agents in 1984. There was a briefcase and about 300 pages of original writing and artwork.

I asked you a number of times for a declaration with the facts you knew concerning these materials and you always ignored my requests, and after some point more than a decade ago had treated me quite inimically.

I wrote to Rathbun about these stolen materials, and he too has ignored my communications. See, e.g., http://www.gerryarmstrong.org/archives/3304

You now write that you were present and informed about my legal troubles with Scientology as they were happening. I would like to obtain from you the details you recall from that period.

You write that you were present when the conditions of the Scientology v. Armstrong “settlement agreement” were negotiated. I was not present during that negotiation, and your information could be helpful in correcting the crime this “settlement agreement” and similar ones perpetuate.

To understand what happened prior to and during the “settlement” from my perspective, and its effect since 1986, please see the video of my discussion in Berlin in 2011:

You write that from 1983 through 1986, you would receive on a daily basis intelligence reports generated by ASI staff, OSA and RTC concerning secret and illegal operations by Scientology against me, my lawyer Michael Flynn, and other plaintiffs he represented.

This material is very relevant right now in the issue of the Scientologists’ tax exemption, and in US and international court proceedings. You perhaps were not aware that Rathbun and Rinder continue the frame-ups of Flynn and me in Rathbun’s 2013 book, which Rinder edited, and they continue their black propaganda against their fair game victims, and SPs generally. In that way, they are very much not me, as you say.

Your details about these daily intel reports about ops against Flynn and me, and related knowledge you have about the Scientologists’ war on us could be legally and historically helpful

You write:

The operations against Jerry’s lawyer included having knowledge of someone putting water in the gas tank of an airplane piloted by Michael Flynn with his son on board.

It is not clear exactly what you are saying about the Flynn plane incident being an operation. To my knowledge you have not testified regarding your knowledge of ops or fair game against Flynn or me, and this could be helpful.

I’d have thought I had been clear by now, but I go by Gerry. It’s Gerald, legally, but I’ve gone by Gerry-with-a-G since elementary school.

You write that you attended years of board room meetings at ASI to figure out how to get rid of me, and a few others. You mention that Hubbard sent communications (“advices”) ordering people such as me, and presumably including me, attacked, set up, jailed, annihilated, etc. Your details concerning both Hubbard and Miscavige’s participation in such fair game activities could be helpful.

You write that there were banker boxes full of Hubbard advices “spewing hate filled vitriol about” me. I have known that this must be the case, because I know how Hubbard worked and how his Scientologists still work. This is the first time, however, that someone who actually viewed some of the mass of material about me has described it, even in very general terms. I would like to get from you the details necessary to identify these materials for legal purposes.

Please let me know if you are willing to debrief to me about your experiences and knowledge relating to Mike Flynn and me that you acquired while inside the Scientology cult.

Thanks.

Gerry Armstrong

Notes

Jesse Prince: The Future is Here and I’m Feeling Good. (November 7, 2014)

[…]1

I began to recall being on the other side of the fence when Gerry Armstrong had to defend himself against Scientology style black ops for years.  Scientology sued Jerry for absconding with 22 banker boxes of personal documents and artifacts of L Ron Hubbard. I’m not trying to retell the story of Jerry Armstrong here but ultimately, Scientology paid Jerry a settlement of $800.000 in exchange for his promise not to copy or discloses the content of the banker boxes he’d taken. What the hell was in those boxes? It’s a fascinating, well documented cock up of what happened when author Omar Garrison and his research assistant  Gerry Armstrong verified L Ron’s actual education and military record history among other  subjects. In a nutshell, too much of the information they were able to factually verify of L Ron’s past was contemptuously contrary to the yarn L Ron spun for his devout adherents and any other ear that could hear. Gerry Armstrong went on to violate his agreement with Scientology hundreds of times and is still perused by Scientology’s attach dog legal machine. I know something about this because I was present and informed about Jerry’s legal troubles with Scientology as they was happening.  I recall being present when the conditions of the settlement agreement between Gerry Armstrong and Scientology (Which in effect included whatever was best for Author Services Inc, ASI) was negotiated.

From 1983 until the settlement in 1986, I would receive on a daily basis, usually sometime between 6-8 pm, intelligence reports  generated by staff of Special Project Operations (ASI), OSA and RTC concerning secret and illegal operations by Scientology against Jerry, his lawyer Michael Flynn, and other plaintiffs represented by Michael Flynn’s firm.  The operations against Jerry’s lawyer included having knowledge of someone putting water in the gas tank of an airplane piloted by Michael Flynn with his son on board. There was instant access into the lives of people who were deemed enemy’s Scientology through well paid and placed private investigators.  These professionals sold their services to their Scientology paymasters because they had the latest modern bugging technology that was confirmed US CIA grade technology. Scientology was able to buy the services of ex-police, ex-FBI and other agency. Phone records were a fruitful source of information. Through illegally obtaining phone records Scientology always seemed to be a step ahead of their perceived enemies.  ASI lead attorney was Earle Cooley. A big part of his job as legal council was to made sure we rode a fine line to separate church principles from the illegal activities sanctioned by the same principles.

There were years of board room meeting at ASI to figure out how to get rid of Jerry Armstrong, L Ron junior, David Mayo and a few other people who had devoted their lives in servitude to L Ron and his grand ideas. All of these devoted people turned out to be Suppressive Persons all along according to the instructions from L Ron via his publishing organization ASI. It was new management’s job to hunt them down and get them put in jail. Some may recall during the early to mid 1980’s L Ron got a bug up his ass and thought he had the power to have people criminally prosecuted for disobeying or being out of step with what he wanted. This is way past just having a stick up your ass, he really wanted this done and some people did get set up and went to jail.  It was required protocol to hate and contribute to the destruction of men and women that I had never met or laid eyes on. We would be sitting in the board room at L Ron’s Author Services organization reading advice’s from L Ron calling for the heads of staff he felt offended him somehow. Listening to Miscavige and other staff figuring out ever clever ways to get rid of the people who were aggravating poor L Ron. As we sat there making up plans to attach the very same people who were at L Ron’s side doing everything in their power to do his will. L Ron never wavered when it came to annihilating the oldest and closest devote adherents he had. There is no retirement in the business of Scientology. Ron taught his prodigy to quickly and quietly get rid of the most loyal staff members without remorse.

There were banker boxes full of “advises” from L Ron spewing hate filled vitriol about Jerry. The information that Jerry provided to Russell Miller and Jon Attack about L Ron’s actual history did in fact exposed his underbelly and pulled back the curtains on his imaginary life he expected others to believe.

During the negotiations to settle with Jerry Armstrong the settlement was intentionally construed to make it too easy for anyone to claim Jerry had violated his agreement with Scientology. Those who were present knew this settlement, that still plagues Jerry today was not done in good faith. The actual intent of the settlement was to cause Jerry to be incarcerated for violation of his settlement agreement2 and that is exactly what has happened. The other factor is this; Jerry didn’t want to take any of Scientology’s money and he didn’t want to settle. He was in effect forced to settle by his own lawyer Michael Flynn. Michael Flynn and his whole family had been hounded by Scientology hired thugs and they were tired of it. Flynn was also the attorney of record for other ex-Scientologist in a civil class action lawsuit….you get the idea. We had them right where we wanted. Each person received a settlement but Jerry was the only hold out. We even knew about the deteriorating relationship between Jerry Armstrong and lawyer Michael Flynn because we were the ones causing the confusion. In the end Jerry was forced to settle or be attached by his own attorney who wanted out and had been working on contingency anyway. There are standard legal agreements a plaintiff makes with a lawyer who takes on a case on contingency. The rule and agreement that comes into play is the plaintiff will agree to settle the case if there a reasonable offer on the table. Jerry was obligated to accept the settlement. Someone can say that better than me but you get the idea, Jerry was forced to settle, then he was set up to violate the settlement whereby Scientology would recover its money times three and if possible get him arrested and put in jail.

After years of acting like I hated people I’d never met or seen with my eyes like Jerry Armstrong took some getting use to. Getting Jerry had been en grained in my mind. Even after being out of the cult for some years. I remember the first time I talked with Jerry years after I had left the cult. On a physical level I felt uncomfortable being around him or even engaging in personal or meaningful conversation. On a certain level I was afraid of Jerry and this made no sense. None of that changed the facts of how all of this made me feel emotionally. In L Ron’s alternative reality, it was considered a flaw to openly show or express emotion or empathy. We were all just ever replaceable characters in L Ron’s movie. Suffice to say I didn’t foster or encourage a speaking relationship with Jerry because I didn’t want to. The problem is this is how Scientology technology is designed to protect itself in the minds of its own.

Long before I testified in a court of law as an expert witness, Jerry had already been there doing that, the same as I would do later. The real truth is when I met Jerry I had not entirely overcome the misconceptions and false information I’d learned about him through the years. I was dismissive of Jerry and didn’t fully appreciate, let alone realize the personal sacrifice and contribution he made when he exposed L Ron for being the lying ass clown he was.

It was only after reading the Russell Miller book with fresh eyes that I finally better understanding and more fully appreciated the work Jerry did.  Since I’ve read the books again with fresh eyes so much has changed. I know I was Jerry when I woke up from the spell and stopped lying for and protecting Scientology. That meant it was my turn to be persecuted by juvenile intelligence tactics, endlessly financed on behalf of dead L Ron. These days both Marty Rathbun and Mike Rinder are Jerry too! No one owes or is obligated to me for anything and ultimately it may not matter what I think but I will say this. I don’t monitor Scientology activities anymore like I use to. That being said, It sure does make me smile when someone sends me something about Mike Rinder speaking out. He’s even been known to refer to Scientology as a cult. This is the guy who was the public face of Scientology for years!  My heart goes out to him and his new family. These days Mike doesn’t mince words when tells people about Scientology, what a turnaround bless him. Marty Rathbun is probably the most knowledgeable person in existence when it comes to how Scientology plays ball in a law suit. From what I can tell he and his wife are progressing excellently with their lawsuit against Scientology, you have my blessing for that.

Notes

L. Ron Hubbard

L. Ron Hubbard

L. Ron Hubbard

Declaration of Michael Rinder (December 3, 2013)

DECLARATION OF MICHAEL RINDER1

My name is Michael Rinder, I am over the age of 21, and I have personal knowledge of the facts stated herein, which I declare are true and correct subject to the penalty for perjury.

1.  I was raised in a Scientology family from the age of six. I joined church staff in April 1973 at the age of eighteen and remained a full time employee until June 2007.

2.  For most of the time between 1982 and 2007 I was a senior official in the Church of Scientology International (CSI), the so-called mother church of Scientology.  I was on the Board of Directors of CSI from its inception in 1982 until I left in 2007.

3.  During the majority of the time between 1982 and 2007 I was the most senior official within CSI responsible for “external affairs”, meaning government and media relations, investigations and intelligence operations, as well as all litigation and contract matters. This function is performed by the Office of Special Affairs (“OSA”) and I was the head of OSA for most of this time.

4.  I have read Defendant Church of Scientology International’s “Anti-SLAPP Motion to Dismiss Plaintiff’s First Amended Petition” and attached affidavits of Allan Cartwright, David Lubow, John Allender, Richard Hirst, Monty Drake and Steven Sloat and I have also read Defendants Miscavige and RTC Special Appearances and requests for dismissal alleging this court does not have jurisdiction. I have relevant information concerning both of these efforts to dismiss this case. Miscavige and RTC Special Appearances and requests for dismissal alleging this court does not have jurisdiction. I have relevant information concerning both of these efforts to dismiss this case.

Miscavige and Me

5.  Though a CSI employee, I answered directly to David Miscavige (the self-titled Chairman of the Board of Religious Technology Center or “COB RTC” or nowadays simply “COB”) and Religious Technology Center, either directly to Miscavige or through his representatives, primarily Mark (“Marty”) Rathbun and to a lesser extent Warren McShane and Mike Sutter. Even when there was someone who was administratively senior to me in CSI, they were senior in title only. RTC still directed my activities and I reported to one of the four named individuals above.

6.  I have more than two decades of personal experience working for David Miscavige dealing with the most pressing “external affairs” matters — from negotiations with the IRS to dealing with “attackers” and responding to media and numerous lawsuits. Miscavige has always maintained personal and direct control over situations he felt threatened his position of authority and power within the church or would harm his image. To facilitate this without subjecting himself to liability, an elaborate corporate structure was put in place to shield his involvement in direct actions, particularly those that are unsavory or could generate damaging PR or could drag him into litigation.

7.  I was selected by David Miscavige and brought to Los Angeles from Florida in April 1981 to participate in the purge of the “Guardian’s Office” which had been the arm of the church that had been responsible for “external affairs” but had been caught and prosecuted by the US Government for illegal acts. This in turn had engendered civil litigation which at the time was moving towards judgments against the church and threatened to drag Scientology founder L. Ron Hubbard into civil and potentially criminal liability. Marty Rathbun was also part of this small group of people hand selected by Miscavige. OSA is heir to the role of the Guardian’s Office.

8.  At Miscavige’s direction, extensive and elaborate methods were employed to shield Hubbard from liability. After Hubbard died in 1986 and Miscavige took over, similar methods were employed by Miscavige to shield himself from liability.

9.  Miscavige is acutely aware of personal liability and carefully uses subterfuge to make it appear he has no connection to unsavory or potentially tortious or criminal activities. He talks on the phone or in person with no record to his trusted “lieutenants” about “sensitive matters” (such as anything relating to the “handling” of “attackers”, defined as anyone who threatens his position or the church through exposure in the media, on the internet or in. the legal arena). If written communication is required it is not signed by him and gives no indication who it was written by. At times Miscavige even writes about himself in the third person (e.g. “this would impact COB” rather than “this would impact me.”) This is a pattern developed by Hubbard. Other times Miscavige instructs his lieutenants to issue orders in their name. This happened hundreds if not thousands of times where I would relay Miscavige orders to underlings in various Churches of Scientology around the world in my name.

10.  Miscavige compartmentalizes information — those who did not “need to know” were excluded from conversations or written orders. The majority of the time 1. worked under Miscavige, “sensitive” subjects, which included matters related to litigation, ongoing investigations or high level defectors were discussed ONLY with his most trusted juniors. On numerous occasions that meant only Marty Rathbun and me. He would tell others to leave the room, or he would step outside with us before discussing these matters. This was particularly the case when he wanted to discuss ongoing “investigations.”

11.  The “Case Officers” (usually Neal O’Riley, Ben Shaw and Linda Hamel, all former Guardian Office members) who directed Pi’s and other operatives reported only to me, and I forwarded it to Miscavige, Rathbun, McShane and Sutter. The information they collected and activities they directed were kept segregated from even others in OSA. This is pursuant to the written policy of the church on how to conduct covert investigations and operations. (Some operations were so sensitive that Rathbun or McShane went directly to the Case Officers and I was not informed about what they were doing)

12.  Miscavige received a daily report concerning every legal case, every media action and every investigation ongoing in the world. I prepared this briefing each day, entitled the “OSA DR” (Office of Special Affairs Daily Report) and it was sent to Marty Rathbun and David Miscavige via an encrypted email program. The report had no indication on it who it was written by or who it was addressed to. There was a separate “Investigations Report” that I compiled with very limited distribution including David Miscavige and Marty Rathbun. The “Invest Report” contained specifics of all ongoing activities of Private Investigators and intelligence operations working for the church against “attackers”. This was delivered in an unmarked, sealed envelope with no indication who it was from or who it was to and is labeled “Secret — Eyes Only.” On hundreds of occasions David Miscavige specifically commented upon, issued orders concerning, and even micro-managed the format of the OSA Daily Reports. When I was in a different location from Miscavige, he would call me on the phone every single day first thing to direct what was to be done about matters raised in the OSA Daily Report (it was the first thing he looked at before even getting dressed when he woke up in the morning) and he would call me again at the end of the day to ask if there was any other “significant news”. Some days, if there was an investigation or legal case or media matter that he was especially interested in, he would call me several times during the day. All staff in OSA knew that phone calls “from COB” were highest priority and any meetings or other matters were to be interrupted to take a “call from COB.” Staff in OSA Int saw me receive literally thousands of phone calls from “COB.” When we were in the same location, I would be summoned to his office several times each day.

13.  Each and every OSA Daily Report and Intel or Invest Daily Report that was produced daily from 1981 to the present is filed both in electronic and hard copy form at OSA. It is long-standing, firm, unalterable Scientology policy that every report generated by OSA is faithfully and securely kept on file for eternity. The files are considered to be the mind of the organization.

Corporate Lines of Control — The Sea Organization

14.  In addition to the compartmented information and sensitive matters not being put in writing, an elaborate corporate structure is in place on paper intended to insulate Miscavige and RTC from any civil or criminal liability. I helped establish this structure starting in 1981, creating the different corporations of Scientology including CST and RTC. This structure served three purposes: making a legally defensible structure that the IRS could ultimately grant tax exempt status to, creating an impenetrable corporate shield to limit liability to Hubbard (and subsequently Miscavige) and protecting assets from judgments by litigants by locating them in different corporate entities than those that were in direct contact with the public.

15.  In fact, there is no corporate separation in the Scientology hierarchy because the entire structure of Scientology corporations is completely subservient to the Sea Organization (“Sea Org” or “SO”). And that is under the unquestioned authority of its supreme commander, Captain David Miscavige.

16.  The Sea Org is a fraternity of the most dedicated members of Scientology. They pledge themselves to eternal service, signing a billion year “contract.” Sea Org members live in church facilities and have no life outside the church. The name derives from the late 1960’s when L. Ron Hubbard took his most dedicated and trusted followers to sea on a fleet of ships. Hubbard assumed the naval rank of Commodore and the naval traditions of rank and command structures became part and parcel of the leadership of Scientology.

17.  Everyone in CSI and RTC and all other senior organizations of Scientology are members of the Sea Organization. I was a member of the Sea Organization from 1973 until 2007 and as all Sea Org members are required to do, I signed a billion year “contract”, committing myself to an eternity in service of Scientology and dedicating myself without question to the Sea Org strict and unquestioned code of conduct.

18.  The real control of Scientology lays within the Sea Organization hierarachy. Every person in any position of authority in the international structure of Scientology is a Sea Org member. Every one of them is answerable to Miscavige. He uses a contrived title that makes him sound like a Board Chairman of a normal corporation. This is a deliberate ruse. He is really the most senior official of the Sea Org and as such has complete and unquestioned authority over every Sea Org member regardless of their “corporate position.”

19.  When Hubbard died in 1986 and Miscavige took over to “follow in his footsteps” — Hubbard’s rank of Commodore was retired. Miscavige assumed the most senior rank of “Captain.” This bestows upon him ultimate “seniority of command” and authority over everyone else in the Sea Org (meaning every person in any position of authority in Scientology no matter their corporate position). Internally in Scientology, even members who are not in the Sea Org refer to him as “Captain Miscavige” and he is identified in church publications accordingly.

20.  When this true “line of command and control” was brought up in litigation in the 1990’s by former Sea Org members, Miscavige went to extraordinary lengths to camouflage his control by appointing a number of other people to the rank of “Captain (brevet).” “Brevet” means “temporary.” In that way he was able to submit a declaration to the court claiming that because there were “other Captains” he was not in fact able to exercise sole control of the Sea Organization. That conclusion was false, though his assertion that there were “other Captains” was literally true but the other “Captains” were temporary and each understood Miscavige could take away their “rank” as quickly as he had bestowed it. And. he did so. After that declaration was filed he subsequently demoted every person he mentioned, not a single one of them retained the rank of Captain (brevet).

21.  In Scientology, Corporate Boards are window-dressing. The members of the Board of CSI had no idea what their duties and responsibilities were. As the head of OSA and thus responsible for maintaining “corporate regularity” I would direct board minutes he put together and sent to the various board members of CSI and many different corporations for the “Directors” to sign. Many did not even read them. They understood they were merely a formality required for maintaining “corporate regularity” but it had nothing to do with their actual operations. Every member of every corporate board and all officers (including CSI and RTC) had signed undated resignations that could be activated by Miscavige at any time. So too have many of the corporate directors (myself included) signed false declarations asserting these corporations are real because as dedicated Sea Org members it is considered far more important to protect L. Ron Hubbard or David Miscavige than comply with “wog” (the Scientology term for non-Scientologists) laws which are considered worthy only of contempt.

22.  I was directed by Miscavige personally on many, many different situations from lawsuits that he felt were important, to meeting with key media, to visiting with government officials, to directly running private investigators and intelligence operations. In each instance the level of micromanaging Miscavige engaged in is hard to believe.

Miscavige Connection to Texas

23.  Out of literally dozens, if not hundreds of examples, I recount what happened with the Aznarans in 1994, primarily because they were Texas residents and the events took place in Dallas. Vicki Aznaran, like Mark Rathbun, was previously the “Inspector General” of Religious Technology Center. She was ousted by Miscavige and left the church and she and her husband filed suit against a number of church entities in 1988. Miscavige considered her a threat due to her knowledge of the power struggle he had been engaged in after the death of L. Ron Hubbard in 1986. Aznaran had taken sides against Miscavige and therefore she and her husband had become “enemies.”

24.  In 1994 the Aznaran’s called the church and said they wanted to engage in settlement discussions to resolve their lawsuit.

25.  Miscavige called me, told me in detail what he wanted done and sent me to meet with Richard Aznaran at Dallas-Fort Worth airport. I was instructed by Miscavige to secretly record the entire meeting so Miscavige could hear every word that was said. I covertly recorded my meeting with Mr. Aznaran as Miscavige had ordered.

26.  When I returned to Los Angeles, Miscavige listened to the recording and then directed that I set up a settlement meeting with the Aznarans in Dallas. He gave me very explicit instructions. I was sent back to Dallas with Miscavige lieutenant, and RTC staff member, Mike Sutter and met with Richard and Vicki Aznaran in a suite in the Adolphus hotel in Dallas. Richard and Vicki were “represented” by Vicki’s sister as they were dissatisfied with the lawyer who had been representing them (Barry Van Sickle) and they wanted to be paid directly without Van Sickle getting anything.

27.  I negotiated a settlement with the Aznaran’s over two days in Dallas. T was called by Miscavige at least every hour and bad to give detailed descriptions of everything that had transpired and then receive more detailed. direction from him on what was to be done. As has now become standard practice in all Scientology settlements, we were required to get the Aznarans to sign declarations that could be used to counter statements they had earlier made in the course of their lawsuit.

28.  Sutter and I returned to Los Angeles. We worked in Miscavige’s office on the 11th floor of the Hollywood Guarantee Building (HGB) 1710 Ivar Ave. (which also carries the CSI address of 6331 Hollywood Blvd) in Hollywood putting declarations — favorable to Miscavige himself that Miscavige had dictated — into final form. We typed them up and submitted them to Miscavige for his approval. Miscavige then despatched me and Sutter back to Dallas to get these signed and to tell the Aznarans that if they wouldn’t shut them there was no deal and they would get no money.

28 [1].  The Aznaran’s balked at signing the documents. Some modifications were made to things the Aznarans considered were too blatantly and provably false. Every change required approval from Miscavige via telephone. If he disagreed with the wording they wanted Miscavige dictated a different version to go back to them.

29.  Miscavige was also directly and personally involved in other matters I am aware of related to Texas. Private Investigator Monty Drake was used to gather information on Dell Liebriech in Dallas Texas. Dell Liebriech was the plaintiff in a civil lawsuit filed in Florida on behalf of Lisa McPherson who had died under church care. Miscavige had been personally involved in the administration of Scientology counseling (auditing) to Ms. McPherson and was extremely concerned that he would be implicated in the case. He, Marty Rathbun and I essentially relocated to Florida from 1998 through 2002 to work almost exclusively on the case. Miscavige controlled every single aspect of it, primarily through Rathbun and me — from meeting with lawyers and experts to responding to protestors and making statements to the press. Not a single thing relating to the McPherson case was done that was not ordered by him. Not a single thing happened relating to that case that he was not immediately apprised of. Not a single utterance was made to the hundreds of media who repeatedly inquired of the church about the case without Miscavige either dictating the words to be spoken or authorizing them. All intelligence operations against the McPherson family and their lawyers were conducted only at the direction of or with prior approval of Miscavige.

“The Hole”

30.  From January 2004 off and on through 2007, I was incarcerated by direct order of David Miscavige in what he called “The Hole.” This was formerly the building on the church “international headquarters” property in Hemet known as the “Int Trailer” as it consisted of two double-wide trailers connected by a conference room. Myself and in excess of one hundred other Sea Org members were confined to this building for months on end by order of Miscavige. This included all the other former “Captains” of the Sea Org, including those from CST and IAS, entities the church alleges are NOT under the control of Miscavige and RTC but ARE manned by Sea Org members and thus do in fact answer to his ultimate authority.

31.  We slept on the floor and ate all our meals within that building. It was literally turned into a prison, with. bars on the doors and windows and a 24 hour-a-day security officer guarding the only entrance. Warren McShane was assigned by Miscavige as the “Warden” of the “The Hole” and he reported directly to Miscavige about the personnel and activities in The Hole. The only person anyone incarcerated in the Hole could communicate with outside the Hole was “Mr. McShane.”

32.  Virtually the only thing that happened in The Hole was efforts to extract “confessions” from people about their misdeeds and “evil intentions” towards Miscavige. This was done by “group pressure” — dozens of people screaming at you for hours on end, sometimes physical assaults, even torture, lack of sleep and food. I think everyone who was in the Hole eventually wrote self-incriminating “confessions” in an effort to prove to Miscavige that they no longer needed to be held prisoner. If the “confession” was not sufficiently contrite or dramatic, it would be rejected and the mental and physical torture would resume.

33.  During some periods between 2004 and early 2006 The Hole and its occupants were temporarily reprieved for no apparent reason. But after a while, Miscavige changed his mind again and The Hole would be put back into operation. In early 2006 it became a permanent operation until I left it in March 2007.

34.  Select people that Miscavige needed would be allowed OUT of The Hole to conduct specific activities for Captain Miscavige. On, a number of occasions I was released from The Hole to deal with the media. Angie Blankenship and Laurance Stumbke were allowed out of The Hole to work on specific building purchase and design matters for Miscavige. Once several people in The Hole were despatched to retrieve (a virtual kidnapping) Clark Morton who had escaped and fled to Las Vegas. Another time I and several others were temporarily reprieved by Miscavige and sent by him personally to “pick up” the IAS (International Association of Scientologists) executives including “Captain” Janet McLaughlin, and bring them to “The Hole.” Though Miscavige and the church claim the IAS is a completely separate and independent organization, it is manned exclusively by Sea Org members, all of whom must answer to Miscavige.

35.  My last reprieve from The Hole was in late 2006 when I was personally ordered by Miscavige to assist Tommy Davis. Davis had been taken out of Celebrity Centre International (a church in Los Angeles) to work directly and only for Miscavige. He had become one of the “Miscavige henchmen” he always maintained to carry out his express wishes. No mind was paid to their corporate positions or functions, they all knew they were answerable to Miscavige and did his bidding. For many years, I had been in that position. Because Miscavige had put me and the President of CSI, Heber Jentzsch in The Hole, he had turned to Tommy Davis to deal with inquiries by BBC Panorama in pursuit of a story. But Tommy Davis was inexperienced with the media. Miscavige told me I was to work for Tommy as his “servant” and that I was to “lick his asshole.” But soon Miscavige was calling and texting me to report on what Tommy was doing. It was a standard pattern of Miscavige: for every “go-to guy” he had as part of his personal team of henchmen there was someone else who would report on the person directly to Miscavige. In earlier times I had done this with Mark Rathbun and he had done so with me.

36.  Davis reported to Miscavige hourly, and sometimes more often, concerning the BBC. If it was not a phone call it was Blackberry text messages. Many times the messages from Miscavige were in the name of his “Communicator” (Laurisse “Lou” Stuckenbrock nee Henley-Smith his personal secretary who was with him every waking minute) — she would even speak to Davis and me on the phone saying the words that Miscavige was telling her to say (he could be heard saying it to her and then she would relay it).

My Escape and Subsequent Harassment

37.  After finally having enough of Miscavige’s physical and mental abuse, and participating in the lies he was perpetrating on the world, I escaped in June 2007. As a result of this all my family was ordered to disown me and “disconnect” from me. My wife divorced me, my children, brother, sister and mother (my father is deceased) all shunned me and do so to this day.

38.  After I spoke to the media in 2009 to confirm information they had been told by Marty Rathbun, I was stalked and surveiled by private investigators and representatives sent to my then-home town of Denver, Colorado. Miscavige’s personal attorney Monique Yingling and another attorney (Bill Walsh) from Washington DC, along with Tommy Davis and Jessica Feshbach were sent by Miscavige to attempt to ‘settle’ with me so that I would withdraw the corroboration I had provided for Mr. Rathbun’s interview with the St. Petersburg Times. They attempted to use the threat of me never seeing or hearing again front my mother, wife, siblings, and children to force me to cooperate with their demands not to talk to the media. When I refused to be intimidated or paid for silence about crimes I had myself witnessed, I became a public enemy of Miscavige and the church of Scientology in the same fashion as Marty Rathbun. I have been mentioned by defendants in this case on a number of occasions, usually characterized as Mark Rathbun’s associate or co-conspirator. My wife (Christie Collbran) and I have been subjected to a similar campaign of harassment to the Rathbuns as detailed below. Neither me nor my wife have ever sought to counsel anyone since leaving the church.

39.  What I have done is respond to requests for information from the media, starting with speaking to reporters from the St. Petersburg Times (now Tampa Bay Times). I felt it was my obligation to make the truth about what goes on inside the church known. I have also been a witness for the FBI and other law enforcement officers who reached out to me and asked for my assistance in their investigations. As a result, the church has conducted a campaign of intimidation, spying, stalking and harassment against me and my wife and those I have worked with very similar to that conducted against the Rathbun. Clearly its purpose has only been to attempt to intimidate me into silence as David Miscavige and his church did not like what I disclosed about their methods and activities. Unlike Mr. Rathbun, I never attempted to nor purported to counsel former members or apply Scientology to them in any fashion since my departure. What Mr. Rathbun and I hold in common is that we spoke out about what we witnessed. As a result, the same tactics applied against Mr. Rathbun have been applied against me and my wife by RTC and CSI following their longstanding practice of attempting to silence and destroy “critics.”

40.  Since 2009 me (and my wife) have been:

• Repeatedly followed and filmed by Private Investigators (including David Lubow),
• Harassed by “Squirrelbusters” (including Ed Bryan who was arrested while engaged in one of his efforts to harass me on a business trip to Miami),
• Had my garbage taken by church Pi’s,
• Had surveillance cameras trained on my house from neighboring homes and from a specially constructed “bird house” in a neighboring property,
• Had friends, people I have worked with and for and neighbors “noisily investigated,” by Private Investigators working for the church,
• Spies have been sent to try and inveigle themselves into our lives,
• A house within sight of our home became the headquarters for Private Investigators watching us 24 hours a day
• I have been “tailed” by up to 6 vehicles at a time driven by Private Investigators wearing masks when I was in Los Angeles to see the FBI,
• I was followed by at least 2 cars the entire trip when I drove from Tampa. Florida to Houston Texas,
• We have been met and hassled at airports after the church illegally accessed my travel plans,
• I have been followed to other cities by PI’s filming me including to Australia, England and Ireland as well as across the United States, My phone records have been illegally accessed resulting a letter from T-Mobile that they were conducting an internal investigation,
• Had phony postings about “Estate Sales” at my home put on Craigslist resulting in dozens of people knocking on my door starting at 6am on Saturday,
• My car was “keyed,”
• My wife and children have been followed to the supermarket, to the doctor and to the park,
• Numerous websites and publications containing false and defamatory statements about me and my wife have been distributed by the church.

41.  This is all in accordance with the pattern and practice of the Church of Scientology. Attached hereto are two of the key issues that are the “operations manual” of the church and David Miscavige in dealing with anyone perceived as an “attacker.” The most important sections are excerpted from each but the complete writings are revelatory and are ironbound and unbending policy of the church. The first details the operating principle of finding out what the person is seeking to protect and threatening that in order to “restrain” the “attacker.” This is often, as noted, the person’s job, but also includes family, particularly immediate family that the person feels a need to protect. The second gives some examples about how one can create scenarios that will cost someone their job by manufacturing false evidence against them.

1. These persons can always lose their jobs. These jobs, permitting them power to destroy, are valuable to them. This is A POINT OF VULNERABILITY.

2 if the person’s job is also not valuable to him or if he cannot be made to cost his job, something can be found which he is seeking to protect and it can be threatened.

A. COUNTER ATTACK TO OBTAIN THE REMOVAL OF THE PERSON with a product of DISMISSED ATTACKER.

B. If on test, A is not feasible, SURVEY TO FIND WHAT THE PERSON CONSIDERS VALUABLE AND USE IT FOR RESTRAINT

Exhibit A 28 March 1972 COUNTER ATTACK TACTICS

Example: Gosh Porge is located as an antagonistic source in the Bureau of Mines.Study Bu of Mines. They frown on corrupt and bankrupt employees, it is carefully worked out by survey. Gosh Forge receives a check for 250 pounds from the Aluminium Company of America at his office for ‘Yip off and patents sent” and “his wife” runs up fur coat bills at Harrods who sue and “a man in Soho” wants his 1800 pounds gambling debt and “a mistress” calls his boss and demands the return of her diamonds “Gosh borrowed” and as it keeps up, even Gosh Porge’s best denials won’t prevent his being sacked.

And “Legal areas” like lawyers are a point of hit also.

Without consulting Legal Bu Bish Srnish is suing C of S for truckloads. Survey his attorneys covertly. One finds they detest “people from the City”, very prejudiced against money clauses. So City blokes start appearing on their lines for Bish Smish – will he win the suit? Broker wants to know can Bish Smish cover his margins? City bowler hat beats up lawyer with an umbrella because Bish Smish said he was going to get the lawyer to sue him over the “blocks of stock” Bish Smish swindled. Keep it up.
Soon he wont have any lawyer!

Exhibit B 28 March 1972 INTELLIGENCE PRINCIPLES

Miscavige “Enemy” Handlings

42.  Anything that happens relating to “major attacks” on Scientology is micro-managed by Miscavige. Nobody else has the authority to call any shots on anything that could threaten his position. Thus, for example, in 2005 when the Los Angeles Times planned to do a story on Scientology, Miscavige directed every action, cleared all written correspondence (and wrote much of it even though it was sent out in my name), listened to recordings of the meetings I conducted with the reporters and spoke to me on the phone immediately before any meeting I had with them, dining the meeting and immediately after. I would routinely excuse myself from meetings with the media to debrief to Miscavige. Between 1997 and 2004 often if I was recording a media interview Marty Rathbun would be sent along so he could be on the phone reporting in to Miscavige while I was being interviewed. This happened dozens of times. The last thing I did in the church in 2007 was deal with BBC Panorama and Miscavige literally micro-managed minute-by-minute with text messages, phone calls and numerous encrypted emails.

43.  The same pattern occurred with investigations into what were labeled “anti-Scientologists” like Bob Minton — who for a time was the single biggest thorn in Miscavige’s side. Minton is perhaps the closest recent example of someone Miscavige considered a similar sort of threat to his position and reputation as Marty Rathbun, though Minton was not of the same stature as he had never been an “inside?’ who worked directly with Miscavige for years. In. fact, he had never met Miscavige.

44.  Nevertheless, because Minton publicly asserted Miscavige was involved in Lisa McPherson’s death and that he had physically abused his underlings, Miscavige micro-managed the activities of the church to put an end to Minton’s efforts. At various times Miscavige called me numerous times a day for updates on Minton. Otherwise it was daily for several years. For someone like Minton, or now Rathbun, Miscavige required detailed proposals from his underlings (myself, Rathbun, McShane or Sutter back then — whoever is filling our roles today) on the handlings to be taken. He in turn issued detailed orders and responses. All of this correspondence is maintained in a special department that maintains a complete, exact record, both electronically and hard copy of everything that is sent to or emanated from “COB.” These are considered to be the most important documents in the church and they are painstakingly filed and maintained. When I last saw them in 2007 there were literally hundreds or perhaps thousands of 3″ ring binders filled with “COB (written) Orders” and transcripts of his verbal orders, briefings, conferences, discussions and phone calls.

45.  In 1999, Miscavige dispatched Marty Rathbun and me to both Boston and Los Angeles to meet with Minton. On both occasions he gave us special surreptitious recording devices so we could record the entire meeting and forward it to him.

46.  When Minton began picketing the Church in Clearwater over the death of Lisa McPherson, Miscavige ordered pickets to be sent to his home in New Hampshire and also outside businesses he was engaged in. He also ordered pickets outside of Minton’s “Lisa McPherson Trust” office in Clearwater and at the homes of Minton associates including Mark Bunker. In my experience, the exclusive source of this sort of confrontation has been Miscavige. He ordered me personally to arrange a picket and march around the Clearwater Police Department and the St Petersburg Times in 1997 and was on the phone with me the entire two hours of the picket.

47.  The “Squirrelbusters” attack that has been used to harass the Rathbuns in Texas was conceived and instituted by Miscavige in 1984 when be ordered “confrontations” by the original “Squirrelbusters” at David Mayo’s facility in Santa Barbara. This was the beginning of the hostile “confrontations” that continue to this day.

48.  I was charged with the responsibility of locating people who would be willing to carry out such confrontations and harassment and brought in a man named Dennis Clark from Hawaii and a local Scientologist Jim Jackson, They in turn recruited others to join them. h reported on their activities daily, in person, to Vicki Aznaran in RTC who relayed the information to Miscavige. Clark and Jackson were instructed that if they were approached and questioned by anyone concerning their activities, including media or law enforcement officials, they were to claim that they were merely “parishioners” of Scientology who had “decid<xl on their own initiative” to protest Mr. Mayo’s activities.

49.  In addition to the “confrontations” Miscavige personally ordered a full time investigation of Minton that would “find his buttons” and get him to stop complaining about Miscavige’s abuses and “stirring up trouble.” The investigator I assigned to this was David Lubow. I met with Lubow in Clearwater and briefed him (relaying specifically what Miscavige told me the investigator was to do). This included extensive surveillance of Minton and his family, investigating all neighbors and business contacts and being “in his face” at all times. Lubow’s  reports were relayed by me to Miscavige as “Eyes Only” reports or when I was in the same location as him I verbally relayed them to his face.

2010 Texas Experience

50.  In April 2010 I flew to Corpus Christi, Texas where I was met inside the terminal by 5 individuals dispatched by Captain Miscavige to attempt to intimidate me and prevent me from meeting an old friend, John Brousseau (“JB”). JB had recently escaped Miscavige’s guarded compound near Hemet, California and made his way to Mark and Monique Rathbun’s home near Corpus Christi. Like Rathbun,18 was an extremely high priority problem for Miscavige as he had worked closely with Miscavige and Tom Cruise. Miscavige spared no expense to try to prevent JB from connecting with Rathbun and me.

51.  I had traveled to Corpus Christi with the express approval of the FBI (who paid my airfare) to determine whether JB was legitimate and to ask him to speak with the FBI.

52.  I soon learned that there were many more than those 5 people despatched by private jet to Corpus Christi that day. In addition to those 5 Church spokesman Tommy Davis and three other church executives who at the time worked exclusively for Miscavige (Angie Blankenship, Laurance Stumbke and Bob Wright), Tom Cruise’s former assistant Michael Doven, Scientology actors Michael Roberts and Michael Duff, as well as several others from Miscavige’s personal entourage at the Hemet church high security base where he lives.

53.  Nobody other than Miscavige has authority to order staff from different churches as well as public Scientologists, to get on a private plane and fly to Corpus Christi to try and prevent JB from meeting with Marty Rathbun and me. The Corpus Christi Airport Police and local FBI agents ultimately arrived on the scene to ensure I had safe passage to leave to meet with Marty Rathbun and JP, and subsequently accompany JB to meet with the FBI in San Antonio 3 days later.

54.  Over the course of more than 20 years I knew the level of situation that Miscavige insisted he call the shots on: Any international media. Any legal case that might directly implicate or involve him. Any significant negotiations with major governments (US, UK, Spain) concerning tax exemption. Potential criminal prosecution in the United States. Anyone exposing his dirty laundry and threatening his PR or position. Marty Rathbun fits into virtually all of these categories. He has been interviewed by major international media. He has been a witness for legal cases and provided declarations. He was one of the key witnesses/informants for the FBI investigation. And he has more direct personal knowledge of the activities of David Miscavige than perhaps anyone else on earth. Thus, there is not a chance that any action would be taken concerning Marty Rathbun (or his wife) that was not either ordered by David Miscavige or sanctioned by him in response to a detailed proposal of action requested by him. Of that there is no doubt.

My name is Michael John Rinder. My date of birth is April 10th, 1955. My address is 808 Bentwood Ct, Palm Harbor, Florida.

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

Executed in Pinellas County, State of Florida, on the 3rd day of December 2013.

Michael Rinder

Notes

  1. Document in PDF format.

Mark Rathbun: on Pat Broeker (May 28, 2013)

In the middle of the trial1 I received a phone call from Pat Broeker; it was the only time we would speak before Hubbard’s death. It was extraordinary that someone physically present with L. Ron Hubbard would find the case of such import that he found it appropriate to talk to the man on the ground about it. Pat gave me a rallying pep talk right out of the Knute Rockne story. I don’t know exactly what Pat had been briefed on, but it was clear that the view from the top was that it was all a matter of mustering greater intention than the enemy. “Come on, get those attorneys in their pitching for LRH! It is not a matter of they can’t do it. They just think they can’t do it. Your job is to get them to realize that they can.”

The talk went on for several minutes, with no interest whatsoever expressed for my view of the affair, or the facts of the matter. I only had time to acknowledge now and then, when Pat would pause momentarily with a “You know what I mean?” Though Pat was inspiring, I was scarcely in need of any inspiration on the subject of coaching and inspiring attorneys.

Rathbun, Mark (2013-05-28). Memoirs of a Scientology Warrior (p. 249).

Notes

  1. Rathbun is referring to the trial in Scientology v. Armstrong, that resulted in the Breckenridge Decision.

Mark Rathbun: on John G. Peterson (May 28, 2013)

Hubbard had sent a memo to our unit, advising that we develop what he called a “punitive defense.” Hubbard reasoned that if Flynn and company could take a bunch of false plaintiffs and use the litigation process to inflict vast expense and chaos within the church, well, we could just as easily use the process more effectively in the same wise against Flynn. The end product of the punitive defense was to make the process too painful for any plaintiff to carry on.

We hired a coordinating attorney in Los Angeles named John Peterson. John had an amiable personality which helped get more recalcitrant attorneys to cooperate with our plans. John and I played an effective good guy/bad guy routine. I would rough up our attorneys with over-the-top demands for aggressive action, then John would follow up by hearing their objections, expressing his understanding of their concerns and then more gently obtaining their agreement to compromise and do something far more aggressive than they normally would do.

We had an office built for John within the complex. He worked for us full time, until his untimely death in 1987. John was in constant communication with our lawyers across the country. John and I worked out several tactical plans to inconvenience Flynn and his co-counsel. We forced him into a series of errors over the next several months. We overloaded him with paper, hearings and depositions. The FAMCO boys started missing filing deadlines, and not properly preparing witnesses we were deposing daily. Within months we had reversed the tide of the litigation; FAMCO finding itself in the state of disarray as we had been when we entered the war. By the end of summer we had chipped away at a number of cases, with portions being dismissed. More importantly, we had Flynn’s back against the wall, defending two contempt
proceedings for misrepresentations to courts, which we had flustered him into. Finally, in August, Flynn was held in contempt by a judge in a remote jurisdiction.

Rathbun, Mark (2013-05-28). Memoirs of a Scientology Warrior (pp 191-2).

Notes

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.

Mark Rathbun: Earle Cooley was bigger than life… (May 28, 2013)

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 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.”

Rathbun, Mark (2013-05-28). Memoirs of a Scientology Warrior (p. 262-3).

Notes