MICHAEL J. FLYNN
ROBERT W. JOYCE, P.C.
WILLIAM A. SHERIDAN
MICHAEL A. TABB
August 13, 1986
Federal Bureau of Investigation
John F. Kennedy Building
Government Center
Boston, MA 02203
GA letter to FBI (August 13, 1986)
Re: Gerald Armstrong
Your file no. 47-4569
Dear Sir/Madam:
Enclosed please find a copy of a declaration I wrote regarding my contact with an individual named Mitra Hall who had in October 1985 filed a false complaint against me with the Boston FBI.1
I am aware that Assistant US Attorney Victor Wild, to whom the matter was referred at the time, stated that he would decline prosecution. Nevertheless, I wish to ensure that your file is complete, so I am forwarding this declaration.
1. On July 31 and August 1, 1986 my deposition was taken by attorney Eric Blumenson in the case of Michael Flynn v. Church of Scientology, et al., No. CV 85-4853-R(Mcx). During his questioning of me, Mr. Blumenson revealed that the individual who had filed the complaint against me with the FBI in Boston in October 1985 was a woman named Mitra Hall. Prior to that time I had never heard of Ms. Hall.
2. This morning I had business which brought me at approximately 10:00 a.m. to the MBTA Green Line Auditorium stop on Massachusetts Avenue in Boston. As I was about to enter the station to take the train to work, I was approached by a woman who asked me if I would like to take a “free personality test.” The woman was approximately 30 years old, about five feet four inches in height, dark haired, light brown skinned, and big-chested. She carried in her hand a bunch of cards with the words “personality test’ printed on them. Recalling that the complaint filed against me with the FBI had alleged that I had identified myself as an FBI agent to an individual handing out personality test cards at this same location, I asked the woman her name. She said, “Mitra Hall.”
3. I then asked Ms. Hall if she knew who I was. She said, “No.” I asked her if she had ever seen me before. She said, “No.” I asked her a number of times and in different ways if she was absolutely sure she had never seen me before. She said, “No” to each question. It was clear that Ms. Hall had never seen me before. And I had never seen her before, and had never been to the Auditorium stop nor that part of Boston at any time before today.
4. I identified myself to Ms. Hall then questioned her about the incident which had allegedly occurred last October. She told me that she had been shown several photographs of me by someone, whom she would not name, in the legal department of the Boston Scientology organization, and had identified me as a result of being shown the photos. She stated that she had been accompanied by Scientology attorney Roger Geller when she went to the FBI to file the complaint.
5. I told Ms. Hall that she had filed a false complaint against me, and she stated she was justified “because (I was) trying to destroy (her) church.” She reiterated this charge, and the charge that my attorney Michael Flynn was trying to destroy her church, several times. It was clear from Ms. Hall’s failure to recognize me and from what she said that her complaint against me was false, but that she considered her action in filing the false complaint laudable because I was Scientology’s “enemy.” Following our conversation, which lasted about three minutes, I entered the train station and traveled to my workplace.
I declare under the penalty of perjury under the Laws of the State of California that the foregoing is true and correct.
U.S. Department of Justice
Federal Bureau of Investigation
Washington, D. C. 20535
March 26, 1986
Mr. Gerald Armstrong
Flynn and Joyce
400 Atlantic Avenue
Boston, Massachusetts 02210
Dear Mr. Armstrong:
This is in response to your administrative appeal, number 85-1830, from denial of access by the Boston Field Office to records concerning you.
We have agreed with the Office of Information and Privacy, U.S. Department of Justice, to make the additional release of information contained in the attached records.
Regarding your December 9, 1985, request to correct the FD-302 report dated November 4, 1985, please be advised that your letter will be appended to this FD-302 as a matter of official record so that any future reader of this document will have the benefit of your comments and observations.
I hope the above meets with your satisfaction.
Sincerely yours,
[Signed] Emil P. Moschella
Emil P. Moschella, Chief
Freedom of Information-Privacy
Acts Section
Records Management Division
You appealed from the action of the Boston Field Office of the Federal Bureau of Investigation on your request for access to records pertaining to yourself.
As a result of discussions between Bureau personnel and members of my staff, a supplemental release of records either has been or will soon be made to you directly by the F.B.I. In light of this fact and after careful consideration of your appeal, I have otherwise decided to affirm the action in this case. You are the subject of one Field Office main file–Impersonation. Certain information was properly withheld from you pursuant to 5 U.S.C. 552(b)(7)(C) and (7)(D). These provisions pertain to investigatory records compiled for law enforcement purposes, the release of which would, respectively, constitute an unwarranted invasion of the personal privacy of third parties, in one instance by revealing an investigative interest in that person on the part of the F.B.I., and disclose the identities of confidential sources and confidential information furnished only by such sources. Names of Bureau agents were among the items excised on the basis of 5 U.S.C. 552(b)(7)(C). None of the information being withheld is appropriate for discretionary release.
Please be advised that nine additional pages have been added to your file since the date of the Bureau’s response to you. Those documents were reviewed as part of this appeal and eight will be released to you directly by the Bureau. The ninth page is properly withheld pursuant to Exemptions 7(C) and 7(D), 5 U.S.C. §552(b)(7)(C) and (7)(D). In addition, please note that the Bureau incorrectly advised you that five pages were withheld in full. Actually, only four pages were so withheld. Finally, to the extent your appeal letter seeks correction or amendment of records, please be advised that Bureau Headquarters is handling that matter.
– 2 –
Judicial review of my action on this appeal is available to you in the United States District Court for the judicial district in which you reside or have your principal place of business, or in the District of Columbia, or in the District of Massachusetts, which is where the records you seek are located.
Sincerely,
[Signed] Richard L. Huff
Richard L. Huff, Co- Director
Office of Information and Privacy
This is an appeal from the denials in the response to my Freedom of Information-Privacy Acts request directed to the Federal Bureau of Investigation in Boston, Massachusetts.
Attached please find a copy of the following documents forwarded to me by the FBI in Boston pursuant to my request.
A. Letter of November 20, 1985 to me signed by Edward W. Ludemann, Assistant Special Agent in Charge, in response to my FOIA request.2
B. Letter of November 12, 1985 to William F. Weld, U.S. Attorney in Boston, from James W. Greenleaf, Special Agent in Charge, re: Gerry Armstrong – Impersonation.3
C. Letter of 10/25/85 from me to agent Timothy Leonard re: alleged impersonation.4
D. Letter of 10/23/85 from me to FBI Boston requesting documents under FOIA.5
E. Declaration of Gerald Armstrong dated 10/23/85 relating to alleged incident of impersonation.6
F. FD-302 FBI report dated 11/4/85 prepared following an interview of me by FBI agent Timothy Leonard on 10/23/85.7
G. Complaint form dated 10/17/85 referencing a complaint filed with the FBI in Boston by persons to me as yet unknown.8
Assistant Attorney General
December 9, 1985
Page 2
H. Letter of 12/9/85 from me to FBI Boston correcting errors in the 11/4/85 FD-302 report.9
The information which has been denied and which I am appealing to have provided to me is as follows:
1. The names of the individuals who appeared at the Boston FBI office on 10/17/85 and provided the FBI with an affidavit which accused me of impersonation of an FBI agent (Ref. G attached).
2. A copy of the affidavit provided by these individuals to the FBI on 10/17/85 (Ref. G attached).
3. A copy of the letter dated 10/22/85 (Ref. item 2 of B attached).
4. A copy of the letter dated 11/6/85 (Ref. item 5 of B attached).
5. Any additional correspondence between the complainant or other members of Scientology and the FBI regarding this operation against me.
6. Any other reports, investigation results or conclusions by the FBI relating to this alleged impersonation/frameup.
I am appealing because I believe it is my right to know who my accusers are, and it is an injustice for them to remain unknown to me, and for correspondence and reports about me to remain unanswered and uncorrected in Federal files.
It is already acknowledged that the complainant and the persons acting with him or her are agents of Scientology. I have been attacked by Scientology or persons acting for the organization since I left in 1981. I have been assaulted, driven into and attempts were made to involve me in a highway accident. I have been libeled and slandered. The Organization, using private investigators and intelligence operatives, has attempted to destroy my reputation, livelihood and life. This “impersonation” incident is clearly only another Scientology operation. It seems to me to be patently unjust that this organization should be able to subject me to more intimidation
Assistant Attorney General
December 9, 1985
Page 3
and harassment via Federal agencies and yet have agents remain unknown and the reports filed about me go unrebutted.
I am also enclosing with this letter and attachments a copy of the decision in the lawsuit the organization brought against me in 1982. The trial judge found the same facts I have stated in the preceding paragraph.
Thank you for your anticipated assistance.
Very truly yours,
Gerry Armstrong
[Signed] G. Armstrong
GA/led
Enclosures
cc: Richard Greenberg, Esquire
Department of Justice
COMMONWEALTH OF MASSACHUSETTS
Suffolk, SS. 12/10/85
Then personally appeared before me and acknowledged the foregoing instrument to be his free act and deed.
