$cientology v. Armstrong Marin SC 152229/157680; Opposition to Order to Show Cause re Contempt
10 Jan 2001
read this black PR in Scientology's statement to the IRS on which its tax exemption is based, and having experienced Scientology's years of fair game, and indeed feeling like I was being fair gamed by Judge Thomas and could never get a fair hearing before him, I immediately decided to escape. I believe that Scientology will do anything to silence me completely and forever. I also believe that Scientology's false submission to the IRS and its obtaining of its tax exemption based thereon constitutes a massive fraud upon the people of not only the US but the world. I therefore had to leave the US, where Scientology could prevent me from correcting this fraud, and have me harmed in many ways to so prevent me, to be in a country where I have legal protection from Scientology's abuse of the justice system and where I could work to correct its fraud.
22. Mr. Wilson states: "In January 1997, I learned of actions by Mr. Armstrong which I believe are clear violations of the Injunction. These actions were brought to the attention of this Court which issued an OSC re Contempt on February 19, 1997 and an Order of Contempt on June 5, 1997. A true and correct copy of which is attached hereto as Exhibit F." (Wilson Dec., 8:24-27) Scientology and Mr. Wilson state: "Armstrong's response to the Injunction was virtually immediate and has persisted. In response to his most egregious violations of the terms of the Injunction, CSI obtained contempt judgments against Armstrong both on June 5, 1997 and February 20, 1998." (App.Memo, 2:15-17) The contempt order filed June 5, 1997, Exhibit F to Mr. Wilson's Declaration, states:
"ARMSTRONG willfully disobeyed the [October 17, 1995 Permanent Injunction] Order. On or about January 26, 1997, ARMSTRONG sent a document entitled DECLARATION OF GERALD ARMSTRONG to United States District Judge Ronald M. Whyte. Judge Whyte was at the time presiding over three cases in which plaintiff is [Scientology alter ego entity Religious Technology Center, Inc.] RTC. In the Declaration ARMSTRONG recites his understanding that he was prohibited from sending such a Declaration directly to litigants and states that he is instead sending it directly to Judge Whyte in the hopes of influencing his decision on a pending matter. This evidences ARMSTRONG'S willful disobedience of the Order and Judgment." (Wilson Dec. Ex. F, 3:1-10) Nowhere in the subject January 26, 1997 declaration, a true and correct copy of which is appended hereto as Exhibit H, do I make the statements Scientology has included in its Order which Judge Thomas signed. I state in the January 26, 1997 declaration:
"This [October 17, 1995 Permanent Injunction] order does not, however, prohibit me from voluntarily assisting a person judging litigations involving the order's "beneficiaries." I believe that the United States District Court is a "governmental organ or entity" excluded from the prohibitions of the order. [Wilson Dec., Ex. E, 8:1,2,6,7] I am therefore providing the original of this declaration to the Court." (Ex.H, 5:6-11)
The Injunction specifically permits me to "[v]oluntarily assist[ ] any [ ] governmental organ or entity [ ] regarding [Scientology, its claims and claims against it]." (Wilson Dec., Ex. E, 7:4-7; 8:1-7). My reasoning for the legality of my sending the declaration to Judge Whyte is that if the Marin Superior Court's Order prohibits me from "voluntarily assisting," or freely communicating to, governmental organs or entities about Scientology, I would not be permitted to report, e.g., murder. Such an interpretation must create a terrible illegality and a public wrong. Scientology is widely known as a dangerous and criminal cult, and I believe everyone, for individual and the common safety, must be free to communicate its dangers and criminality.
23. My January 26, 1997 declaration, the averments in which I now reaffirm and reswear to, was the reporting of another crime by Scientology, namely obstruction of justice through the organization's attempt to intimidate me, a subpoenaed witness, into not obeying the subpoena. I believe that it was completely legal, probably a civic duty, and not even prohibited by the unlawful Injunction, to bring the obstruction of justice, and the facts underlying and surrounding it, to the attention of Judge Whyte, who presided over the case in which the obstruction of justice occurred. On January 23, 1997 I received a subpoena for production of documents, a true and correct copy of which is appended hereto as Exhibit I, from defendant Grady Ward in the case of RTC v. Ward, US District Court for the Northern District of California, case no. C-96-20207 RMW. Mr. Ward's subpoena states:
"You are commanded to produce and permit inspection and copying of the following documents or objects [ ]:
All documents and declarations authored by yourself documenting abuse, fraud, and unlawful acts by the Church of Scientology Enterprise or any of its investigators, such as Eugene Martin Ingram." (Ex. I)
On January 24, 1997 I received by fax a letter, a true and correct copy of which is appended hereto as Exhibit J, from Scientology attorney Andrew H. Wilson, threatening prosecution in the Superior Court if I provide the documents to Mr. Ward as subpoenaed. Mr. Wilson's statement in the second paragraph that my "obligation to produce documents in response to lawfully issued and served subpoena is unquestioned" I took to be an effort to give plausible deniability to the threat and the clear obstruction of justice contained in the rest of the letter. I understood Mr. Wilson to be saying for Scientology, "We know you have a legal right to produce the subpoenaed documents, but we're going to prosecute you anyway." His threat of "further conflict and annoyance" from Scientology unless, as he insisted, I withheld the subpoenaed documents from Mr. Ward is very clear. In response to Mr. Wilson's threat, I sent the declaration to Judge Whyte, who, I believed, and still believe, was the proper person to be advised of and curtail Scientology's interference with a witness in the cases before him.
24. Mr. Wilson's threat that I would be prosecuted for producing documents to Mr. Ward, even though I had been subpoenaed was not the first time Scientology lawyers had made such a threat. When I was served with a deposition subpoena in the Corydon v. Scientology case in the fall of 1989, Scientology attorney Heller threatened me multiple times with being sued if I testified, even though he acknowledged I had been served. Mr. Heller's threats are detailed in my appellant's opening brief. (Ex. A, 11-13) In my opinion, Scientology's and its lawyers' misuse of the "settlement agreement" and the Injunction in order to obstruct justice, even beyond how documents on their face obstruct justice, demonstrates that the intent of the documents and their creators is unlawful.
25. Scientology and Mr. Wilson state: "Armstrong has also caused himself to be subpoenaed for deposition in a lawsuit against the Church in Clearwater, boasting that he initiated the contact with the plaintiff's attorney." (App.Memo, 2:25-27; Supp.Memo, 3:11-13) This is a lie. I did not cause myself to be subpoenaed, and I did not boast. Attorney Kennan Dandar, attorney for plaintiff in Estate of Lisa McPherson v. Church of Scientology Flag Service Organization, et al., Thirteenth Judicial Circuit of Florida, Hillsborough County, No. 97-01235, caused me to be subpoenaed. I unfortunately do not have a copy of the transcript of my deposition in the McPherson litigation, but even the few pages used by Scientology to support its application for an OSC re contempt, reveal Scientology's lawyer using the Injunction to obstruct the deposition. Scientology lawyer Weinberg states:
"And what the injunction prevents [Armstrong] from doing is in any way cooperating against Scientology, talking to anybody about Scientology. [ ]
"The fact of the matter is he is in contempt of court twice out there, There is a bench warrant that calls for his imprisonment for 28 days. And the injunction is not just against Mr. Armstrong but it's against anyone acting in concert with [him]." (Wilson Dec. Ex. H, 6:15-25)
26. Mr. Wilson states: "These email and phone communications [between Armstrong and Mr. Dandar] resulted in Armstrong voluntarily traveling to Florida to give his deposition." (Wilson.Dec.9:17-19) This is false. I traveled to Florida for completely different reasons. In fact, I state on the page of the deposition transcript Mr. Wilson cites to for his lie, "[Mr. Dandar] had nothing to do with my coming to Florida." (Wilson Dec. Ex. H,122:9-10)
27. Mr. Wilson describes the McPherson litigation as "an action based on false and inflammatory allegations that the defendants are somehow responsible for the death of a Church member." (Wilson Dec., 9:10-12) In my opinion, the Scientology defendants are responsible for the death of Lisa McPherson, having locked her up, kept her from leaving and mistreated her for 17 days, drugged her, and denied her medical attention as she died. My testimony is relevant in the McPherson wrongful death case because I was a witness to several other people similarly locked up and mistreated by the Scientology organization, and I was myself locked up and mistreated.
28. Mr. Wilson states about the talk I gave in December, 1999 in Clearwater, Florida: "[Armstrong] then does exactly what he is prohibited from doing, and apparently delights in spinning a web of lies and half-truths about his experiences as a Church member (his association ended in 1982) and his purported knowledge of the AScientology organization." (Wilson Dec., 10:1-3) This is a lie. I do not delight in spinning webs of lies and half-truths about anything. I have never spun a web of lies and half-truths about my Scientology experiences or knowledge. Mr. Wilson points to not one lie or half-truth in my talk. There are no lies or half-truths in my talk.
Nor are there any lies or half-truths in any of the internet postings or other statements for which Scientology and Mr. Wilson want me jailed and fined. They want me punished for telling the truth. Certainly I express my opinion, sometimes in colorful or offbeat language because that's how I express myself. But my facts are accurate and I tell the truth. For that reason my testimony has been sought and used in many legal cases around the world, and for that reason Scientology wants to have this Court punish me. I now swear to as true and correct all the facts and opinions stated in all my internet postings and other public statements filed by Scientology or Mr. Wilson for which they move this Court to punish me.
29. Mr. Wilson states: "Shortly thereafter, on December 10, Armstrong traveled to Tampa, Florida for an interview at Radio Station WMNF AM where he again boasted of violating the Injunction, and embellished his usual calumny with tales of a AScientology prison system." (Wilson Dec., 10:4-6) This is a lie. The transcript of the radio interview which Scientology provides is chopped off and contains many errors. (Wilson Dec., Ex. J) Nevertheless, it contains no calumny. I was an inmate in Scientology's prison system, the "Rehabilitation Project Force," for 25 months, and am intimately familiar with it. Appended hereto as Exhibit K is a true and correct copy of a 1997 study entitled "Brainwashing in Scientology's Rehabilitation Project Force (RPF)" by Stephen A. Kent, Professor of Sociology at the University of Alberta. My experiences in and knowledge of Scientology's RPF prison are real, and are not as Mr. Wilson, who has never been in the RPF, would have this Court believe, tales to embellish my usual calumny.
30. Mr. Wilson and Scientology state: "in June 2000, [Armstrong] journeyed to Denmark to provide information to anti-Scientology media there." (App.Memo, 3:2,3; Supp.Memo, 3:15,16) This is false. I was requested to come to Denmark to participate in a conference on cults. It is true that there were media people at the conference, but none were to my knowledge "anti-Scientology," and I didn't travel to Denmark to provide them information.
31. Scientology and Mr. Wilson state: "The Order was valid when rendered and remains fully enforceable." (App.Memo, 3:24) This is false. The Injunction was invalid when rendered and remains legally unenforceable. Indeed, Scientology's and Mr. Wilson's claim that the Injunction is valid just reinforces my certainty that it is invalid and unlawful. Similarly, Scientology's and Mr. Wilson's statement that, "The only permissible collateral attack against the Order would be based on a wholly meritless claim by Armstrong that it is invalid on its face" (App.Memo, 4:7,8) makes me even more certain that my claim that the Injunction is invalid on its face has all the merit it could possibly need.
31. Scientology and Scientologists, as originated by L. Ron Hubbard, divide the global population into two groups, "Scientologists" and "Wogs."® The term "wog," originally the acronym for "worthy oriental gentleman," an apparently derogatory term used by the British in other centuries to refer to the dark skinned races, is in Scientology also a term of derogation. A Scientologist is essentially anyone who does what he or she is told by Scientology to do. A wog is someone not under the organization's control. Scientology, the corporate entity consisting of several corporate entities, which is behind the prosecution of this action, and controlled by David Miscavige, says that it owns the word "Scientologist" and can decide who is in any sense of the word a Scientologist. That group of organization-controlled Scientologists is at war with wogs. Scientology and Scientologists, while calling their organization "the world's fastest religion," have been claiming for the past decade at least that their membership is 8 million. The actual number of Scientologists who are Scientologists by the Scientology organization's standard, by doing what they're told, is commonly estimated at fifty thousand.
32. Scientology teaches and Scientologists must believe that they are more aware, more intelligent, more able and more ethical than wogs, and possess the only mental technology, system and organization which can make people more aware, intelligent, able and ethical, and save the planet. The Scientology organization sells its psychotherapy, which it calls "auditing," with the promise that it can make people "clear," a superhuman state of awareness, intelligence, ability and ethics far beyond what anyone before Hubbard had ever achieved, or been blessed with, throughout the history of man. Hubbard claimed that auditing could raise IQ a point per hour, and the organization sells auditing for hundreds of dollars an hour up to over a thousand dollars an hour.
In his writings, Hubbard called this new, perfectly rational, perfectly healthy, hominid clear he "created," "homo novis," and disparaged inferior, unaware, stupid, unable, unethical wogs as "homo sap." Hubbard, Scientology and Scientologists say that there are, far beyond "clear" in awareness, intelligence, ability and ethics, superclear states or levels, called "operating thetan," or "OT." I was "clear"and "OT" in Scientology, and had over a thousand hours of auditing. Now I am a born again wog.
33. Hubbard, Scientology and Scientologists divide the wogs into three types, the "normal," the "potential trouble source" or "PTS," and the "suppressive person," or SP. Scientology teaches that SPs, who comprise 2 ½ percent of the population, are, among the wogs, the most evil people on earth, responsible for all the world's ills. PTSes, who comprise 17 ½ percent of the population, are people "connected to an SP." Scientologists can also be labeled "PTS" if they are connected to an SP, and they then become subject to special "PTS handlings." Scientology claims to have the "technology" for identifying SPs, and the identification and handling of SPs is a major part of Scientology activities and life. Anyone opposing Scientology, which opposition could be as minimal as criticizing, e.g., the unworkability of the "mental technology," is labeled an SP and viewed as an enemy.
Hubbard instructs that all "critics" of Scientology are "criminals," and that Scientologists are to find their crimes, if necessary "manufacture" evidence, and "feed lurid blood, sex, crime" to the media about them. The fair game doctrine (see, e.g., Ex. D hereto) calls for aggressive, tortious and criminal actions against SPs, i.e., those wogs the organization identifies as opposing Scientology. The SPs, Scientology teaches, oppose Scientology because the organization has the only "mental technology" to make people better, and SPs don't want people to get better. Scientology has wrongly labeled me an SP since I left the organization in December, 1981, and has targeted me as an "enemy" ever since. Leaving Scientology is itself considered an SP act by Scientologists.
34. Scientology wages its war on wogs on many fronts, a significant one being against wog mental health knowledge, therapies, institutions and practitioners. Scientologists black PR mental health practitioners, foment litigation against them and seek their destruction. On information and belief, Scientology leader Miscavige publicly threatened and promised the end of psychiatry and its replacement with Scientology by 2000. Scientology operates a front group, the Citizens Commission on Human Rights, which works for the obliteration of wog psychiatry. Scientology teaches that it has the best "study technology" on the planet, and aggressively seeks to inject its "technology" and influence into the "wog education system."
The organization uses a number of front groups, e.g., Applied Scholastics, and runs its own schools. Scientology uses the term "wog justice" when referring to the US or other western justice systems as a system of laws, ethics and justice far inferior to Scientology's justice "technology." At the same time, Scientology is known around the world as a notorious abuser of wog courts and justice systems.
Hubbard ordered decades ago that the law be used to harass, and, if possible, ruin the opponent utterly, and Scientology has followed that dictate ever since. It has paid untold millions of dollars to wog lawyers to use the wog justice system to fair game good wogs. Hubbard directed Scientologists to "treat every skirmish as war" and Scientology has forever been in a constant state of war. Scientologists, universally, have a double standard for their ethics and their justness, one standard up and one standard down.
Scientologists are expected to tell the truth to their organization seniors and expected to tell lies to their juniors, or customers, or wogs. The rationale for the double standard is that Scientology is at war. Because the war for Scientology and Scientologists has gone on for so long, they have told lifetimes of lies and fair gamed a whole world of wogs. They have black PRed and fair gamed me since 1981. At this time, however, in large part because of the internet, wogs in great number are waking up to the war being waged on them by Scientology, and are waking up to just what this organization's actual nature, intentions, actions and products are. Scientology is known across the world as a criminal cult, and virtually any internet search engine produces "Scientology" as the number one item if a search is made for "criminal cult" or "crime cult."This Court should not be used to support Scientology's unhealthy and now hopeless effort to keep wogs unware of their war.
35. During the time he ran Scientology, Hubbard created a global intelligence network of thousands of $cientologists, many of them very professional, dedicated to his war on wogs, which has always been kept largely covert and hence unknown. He patterned his intelligence system, he said, on the system of Reinhard Gehlen, former nazi spy chief. I was the Intelligence Officer under Hubbard on a Scientology ship, the Apollo, back in the 1970's. In the 1980's eleven of the organization's intelligence hierarchy, including Hubbard's wife, were convicted and sentenced to federal prison for criminal espionage activities against the US government following a raid by 150 FBI agents on Scientology's intelligence bureaus in Los Angeles and Washington, D.C. Scientology, the organization, at its core, is an intelligence operation.
The psychotherapy activity is a huge money-making operation and a source for intelligence. Intelligence works along side Scientology's other channels into the wog world: public relations, legal, finance, front groups, and all Scientologists.
Scientology works on a principle of "total espionage," with every Scientologist involved and reporting "up lines" about the opposition and each other, and great attention and resources assigned to intelligence goals.
36. All Scientologists, in order to be Scientologists, at some point have to lie, and are trained to lie. There are some things all Scientologists lie about; e.g., Scientology's unworkability, or their intentions toward wogs. The matter before this Court has become an internationally discussed perfect example of Scientology's and Scientologists' universal hypocrisy. The "Creed" of Scientology states:
"We of the Church believe:
That all men of whatever race, color or creed were created with equal rights;
That all men have inalienable rights to their own religious practices and their performance;
That all men have inalienable rights to their own lives;
That all men have inalienable rights to their own sanity;
That all men have inalienable rights to their own defense;
That all men have inalienable rights to conceive, choose, assist or support their own organizations, churches and governments;
That all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others;
That all men have inalienable rights to the creation of their own kind;
That the souls of men have the rights of men;
That the study of the mind and the healing of mentally caused ills should not be alienated from religion or condoned in nonreligious fields;
And that no agency less than God has the power to suspend or set aside these rights, overtly or covertly.
And we of the Church believe:
That man is basically good;
That he is seeking to survive;
That his survival depends upon himself and upon his fellows and his attainment of brotherhood with the universe.
And we of the Church believe that the laws of God forbid man:
To destroy his own kind;
To destroy the sanity of another;
To destroy or enslave another's soul;
To destroy or reduce the survival of one's companions or one's group.
And we of the Church believe that the spirit can be saved and that the spirit alone may save or heal the body."
L. Ron Hubbard, Founder While Scientologists say they believe that all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others, they are all beneficiaries of the Scientology organization's multimillion dollar and unlawful effort to silence me, and punish me for communicating.
If adherence to the "creed" of Scientology would make Scientologist a Scientologist, then I am more of a Scientologist than every other claimed Scientologist since I more closely adhere to the "creed." Scientology and Scientologists can always change their creed to make it conform with their actual beliefs, intentions and actions, or they can change their intentions and actions to make them conform to the "creed" in which they say they believe. Scientology and Scientologists justify their clear hypocrisy with what is true for them, that they are at war with wogs. I do not want to silence any of the Scientologist beneficiaries.
To the contrary, I believe that all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others, and that is precisely what I do, as all my communications for which Scientology wants me punished demonstrate. Since it is by any logical, human standard I who am the Scientologist among false Scientologists, I cannot legally be silenced about my sincerely held beliefs by a cult of false Scientologists whose "beliefs" are not held at all.
More importantly, no court in the US has the authority to say who or what is a Scientologist, and what any Scientologist, whether a sincere or fake Scientologist can say about Scientology and his or her experiences therewith and therein.
37. The truth is, Scientology doesn't work. There is no clear or OT, despite people paying millions of dollars, and taking years of their lives, to get there. IQs don't go up a point per hour. Scientologists aren't, as Scientology teaches, automatically more aware, intelligent, able, ethical than wogs, or better than wogs in any way, just by being Scientologists. And they aren't smarter or better after doing everything in Scientology which can possibly be done. In my opinion, Scientology's separation of people into two false groups, the superior Scientologists with their superior "technology" and the inferior wogs with no technology, will be corrected, simply because it is false, and then their war on wogs will end.
In the meantime, wogs should not by any wog court be left defenseless to the anti-wog justice and anti-wog Scientology organization. I speak for all wogs in this war, because not all wogs speak, and many do not even know that the war on wogs exists. It would be very wrong for this Court to order me to desert my fellow wogs with this war raging. My message to Scientologists is that the only difference between us is that I know we're just the same. When Scientologists get that message then there will be peace between us. Until then it makes no human sense to gag the wog being warred on.
38. Scientology calls itself a religion, and seeks the protections and privileges the US and California Constitutions, law, government, the IRS, and history confer on religions. Scientology claims that because it has acquired "religious status" it is permitted to make false promises, e.g., about the "states" of "clear" and "OT." Scientology claims that it is organized solely for religious purposes and that its activities in its war on wogs are religious activities, and antisocial policies such as fair game and using the law to harass are "religious scriptures."
Scientology claims that in countries where it has not acquired religious status Scientologists are persecuted because of their "religious beliefs." Scientology participates actively in US Congressional bills to pressure and censure other countries for their "religious persecution" of Scientologists. Wilson supplemental declaration, Exhibit 107 is a posting of 30 December, 1999 to a.r.s regarding Senate Resolution 230 IS, which Scientology was behind, to have Germany censured for its claimed "religious discrimination" toward Scientologists.
I believe there is right now a similar Congressional bill pending which is being pushed by Scientology. Yet in no other place than in California in the United States can a person be jailed and fined for mentioning Scientology or his "religious experiences" in Scientology. In truth, it is Scientology which is the religious persecutor. Because this is so clearly the reality in Scientology's treatment of me, the organization's efforts to use this wog Court to punish me for speaking about my "religious experiences" are known about and watched closely in those countries which know Scientology to be a criminal cult.
If Scientology is not a religion then it is a gargantuan fraud, about which this Court could also not lawfully silence anyone. This Court has a perfect opportunity to send to the world the reasoned message that California too will no longer be a place where Scientology, whether religion or fraud, can use the wog justice system to persecute its designated religious or non-religious targets.
39. For what Scientology is trying to do in this Court to be lawful, it would mean that someone could also be lawfully silenced about any other religion and his religious experiences. Someone could be silenced, or jailed and fined, for saying the word "Christianity," or "God," or discussing his Christian experiences. Someone else could be silenced about the Koran, Mohammed, Allah and the person's experiences in Islam. Of course these scenarios would be in no circumstances lawful in the United States. And neither must be this crazy Scientology idea of binding people to silence about that "religion" and their "religious experiences," and get
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