Marin Superior Court filing part 2
[27 January 1998]


From: Gerry Armstrong <>
Newsgroups: alt.religion.scientology
Subject: Marin Superior Court filing part 2
Date: 27 January 1998

[Start Part 2]

of enforcing an illegal and anti-civil rights order in the face
of that international controversy, and while being observed by
the international community. The PD must also have the time to
investigate the assistance that other countries may be in this
matter, and to investigate the support that international media
and international public pressure can be in bringing about a sane
and successful outcome in this matter.
     32. Scientology has influenced political decision making
and made itself a political issue to forward its goal of crushing
its opposition. This past November 9, for example, Scientology
initiated and pushed a proposed US Congressional Resolution, H.
Con. Res. 22, commonly referred to as the "Scientology Bill,"
defeated 318 to 101, the purpose of which was to condemn Germany
for treatment Scientologists are alleging they are receiving in
that country. The Congressional Record is available at The PD must have
sufficient time to fully understand that Scientology is both a
political issue and a political force and player, and that these
facts alone make judicially prohibiting anyone, for any reason
including "contract," from participating in discussions of any
nature relating to Scientology, illegal. Since Scientology has
the intention, and potential, through its "third party
technology," to bring about conflict and even war between other
parties; here, e.g., the US and Germany, or Europe, no citizen,
and certainly no citizen with relevant experience and knowledge,
can be legally barred from participating in the opposition to
such political madness in all its guises. Scientology leader
Hubbard, who preceded current leader Miscavige, wrote extensively
about his "third party law," his procedure for manufacturing
hatred and hostilities between two otherwise non-hostile parties.
     33. This Court will note that one of Scientology's alleged
contempts, my letter to the Commission on Security and
Cooperation in Europe, contains a few comments about
Scientology's "gulag" system, its "RPFs."
     "During my Sea Org years I was twice assigned by
     Hubbard personally to Scientology's Rehabilitation
     Project Force ("RPF"), first in Florida, then in
     California, for a total of 25 months. The RPF is a
     penal camp created by Hubbard to punish anyone he felt
     crossed his will, or he even just disliked...." (Wilson
     Dec Ex S, p2)
Scientology's RPFs have recently become matters of public concern
and controversy because of their human rights abuses. In
November, 1997, a study by Stephen A. Kent, Ph.D., Department of
Sociology, University of Alberta, Canada, which cited to one of
my affidavits and an ARS post, and was entitled "Brainwashing in
Scientology's Rehabilitation Project Force (RPF)," stated:
     "Without question the RPF's operation violates a number
     of human rights statutes, probably involving such
     topics as freedom of religion and conscience, labour
     laws, arbitrary arrest, forcible confinement, and
     protection of the dignity of the human being."
The PD must have sufficient time to understand Scientology's
human rights abuses, and how my communications about these
practices, even without Scientology's post-settlement attacks on
me and others, cannot be legally prohibited, being protected by,
inter alia, e.g., "Whistleblower" Statutes. The PD must also have
sufficient time to examine the necessity for a scientific expert,
such as Dr. Kent, for the proper defense against Scientology's
charged contempts.
     34. In its application for the OSC, Scientology makes
assertions of fact about the "conveyance case." (E.g., "Beginning
in approximately 1990, [I] fraudulently transferred substantially
all of [my] assets to [my] attorney and close friends, and then
began repeatedly breaching almost every covenant [I] made in the
Agreement." (App 4:15-17)) As this Court knows, I have rejected
Scientology's charges of fraudulent transfers from the first time
Scientology concocted that canard. As this Court also knows, the
fraudulent conveyance case has not been tried, and has not been
and cannot now be disposed of by summary judgment. The PD must
have sufficient time to understand the conveyance case, its
relationship to this Court's Order, the wrongful purpose for
which Scientology has prosecuted that concocted claim,
Scientology's improper use of the Court to obtain other improper
"relief" in this case, and Scientology's history of abusive
litigation seeking improper "relief" in courts across California
and the US.
     35. An opposition to Scientology's latest OSC must also
necessarily address this Court's contempt order filed June 5,
1997. Indeed, Scientology supports its present application on
statements of fact regarding that contempt order:
     "Earlier this year, Armstrong wrote and filed a lengthy
     declaration (the "Declaration") in support of litigants
     adverse to a beneficiary of the Settlement Agreement in
     three cases currently pending in the United States
     District Court for the Northern District of California.
     Armstrong then sent copies of the Declaration to the
     parties and their counsel. On CSI's application, an
     Order to Show Cause re Contempt was issued which was
     served by publication because Armstrong fled the
     jurisdiction. Armstrong was subsequently held in
     contempt, and ordered punished by the imposition of a
     $1,000 fine and confinement for a period of forty-eight
     hours." (App 5:4-12)
The facts are, as any reasonable trier of fact would, I believe,
see, that I was manifestly justified in doing what I did even if
such had been a violation of this Court's Order; but that what I
did for which this Court held me, without hearing, in contempt,
was in fact not a violation of this Court's Order.
     36. The contempt order states:
          "ARMSTRONG willfully disobeyed the [October 17,
     1995 Permanent Injunction] Order. On or about January
     26, 1997, ARMSTRONG sent a document entitled
     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
     disobedience of the Order and Judgment." (Contempt
     Order, 3:1-10)
     37. Nowhere in the subject January 26, 1997 declaration do
I make the statements ascribed to me in the contempt order which
this Court signed. I state, to the contrary, in the 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.
     [October 17, 1995 Order, 8:1,2,6,7] I am therefore
     providing the original of this declaration to the
     38. The Order specifically permits me to "[v]oluntarily
assist[ ] any [ ] governmental organ or entity [ ] regarding
[Scientology, its claims and claims against it]." (Order, 7:4-7;
8:1-7). My reasoning for the legality of my sending the
declaration to Judge Whyte is that if this 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
     39. My January 26, 1997 declaration was the reporting of
another crime by Scientology, namely obstruction of justice
through its attempt to intimidate me, a subpoenaed witness, into
not obeying the subpoena. I believe that it was completely legal,
probably a civic duty, and certainly not prohibited by this
Court's Order, 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
     40. On January 23, 1997 I received a subpoena from Grady
Ward in the case of RTC v. Ward, US District Court for the
Northern District of California, case no. C-96-20207 RMW. 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."
See also January 26, 1997 declaration, at 43:13-15. In response
to Ward's subpoena I produced that declaration and the exhibits
     41. On January 24, 1997 I received by fax a letter from
attorney Wilson, threatening prosecution in this Court if I
provide the documents to Ward as subpoenaed. 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 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." See 1/26/97 declaration, at 43:16-22. In response
to Wilson's threat, I sent the declaration, which I had been
ordered to produce by Ward, to Judge Whyte, who, I believed, and
still believe, is the proper person to be advised of and curtail
Scientology's interference with a witness in the cases before
     42. Ward's subpoena to me, commanding the production of
declarations and other documents concerning Scientology private
investigator Ingram, was relevant because, as this Court knows,
Ingram had orchestrated or participated in a number of crimes or
intelligence operations against me; e.g., threatening to put a
bullet between my eyes; illegally videotaping me; attempted
entrapment; worldwide character assassination, which Scientology
calls "black propaganda" or "black PR;" and harassment of my
friends. He had also orchestrated or participated in a number of
crimes or intelligence operations against my attorney Michael
Flynn; e.g., framing him with forgery of a $2,000,000 check; and
my attorney Ford Greene; e.g., planting a spy in his office to
copy and/or steal his files; filing false bar complaints;
harassing his friends. I understand that Ward was also the target
of crimes or intelligence ops orchestrated or participated in by
Ingram, and that Ward was seeking information in order to have
Scientology and Ingram desist in such crimes or ops. Although
Wilson insists in his 1/24/97 letter that I not produce the
documents subpoenaed by Ward until Scientology's motion for a
protective order was heard in the Ward case, on information and
belief, Scientology has never to this day filed such a motion.
     43. The Order of Contempt states:
          "The injunction "prohibited ARMSTRONG from
     voluntarily assisting any person arbitrating or
     litigating adversely to the Beneficiaries and also
     prohibited ARMSTRONG from facilitating in any manner
     the creation, publication, broadcast, writing,
     electronic recording or reproduction of various
     documentary works. There is no suggestion, and
     certainly no showing by ARMSTRONG, that he is incapable
     of complying with the Order."
This is untrue for three reasons. I was subpoenaed and did not
"voluntarily" produce the documents I produced. I was reporting
the criminal offense of obstruction of justice. I was doing what
every citizen should do: oppose injustice. I have stated over and
over, since 1990, and remain even more convinced today, that it
is wrong, illegal and dangerous for any entity, but particularly
an organization such as Scientology, to be able to say whatever
it wants about anyone, including me, and the target of those
statements, including me, be unable to respond; and further, if
he does respond, to be subject to fines and imprisonment. To not
respond, then, is, because of that wrong, illegality and danger,
for moral, ethical, legal, psychological and religious reasons,
no matter what penalty injustice may impose, for me, impossible.
The PD must have sufficient time to study Scientology's
misrepresentations pursuant to which it obtained this Court's
signature on the contempt order, to study the facts underlying
Scientology's falsehoods, and relate all these facts to the
illegal purpose of the subject "settlement agreement" and the
illegality of this Court's Order. The PD must have sufficient
time to prepare the proper papers to have this Court's contempt
order invalidated and time to prepare an adequate opposition to
Scientology's application for that contempt order. I have never
been served with Scientology's application for that contempt
order, and have never seen it. The PD must have sufficient time
to ascertain whether Scientology's obtaining, without a hearing,
a contempt order involving a fine and jail time, is, even lawful.
     44. Scientology's present application for its OSC re
contempt is also based on numerous falsehoods, some of which I
have already identified above, and some of which I will discuss
below. Mr. Wilson states:
     "beginning in approximately 1990, Armstrong
     fraudulently transferred substantially all his assets
     and began repeatedly breaching almost every covenant he
     made in the Agreement." (Wilson Dec 2:3-5)
This is false. My 1990 renunciation was not fraudulent and had
nothing to do with Scientology, other than what Scientology has
done with it. The only "breach" of the "settlement agreement" in
1990, as this Court knows, is my petition to the Second District
Court of Appeal for permission to respond in Scientology's appeal
from the 1984 decision of Judge Breckenridge in Scientology v.
Armstrong, LASC No. 420153. The Court of Appeal granted my
permission, thus there was no "breach." The later "breaches" were
unrelated to my renunciation, but directly related and in
response to Scientology's breach of the covenants of good faith
and fair dealing by continuing to attack me after the
     45. Wilson states:
     "Less than a month [after late May, 1992], I was
     questioning Mr. Armstrong at a deposition when he
     testified of his intention to ignore the settlement
     agreement and Judge Sohigian's Order:" (Wilson Dec, Ex.
     29, 2:11-12)
This is false. Wilson did not ask me in deposition about the
order of Judge Sohigian. Wilson attaches page 124 of that
deposition transcript wherein there is no mention of Sohigian in
my answer, (Wilson Dec Ex 1), but does not attach page 123 where
there is also no mention of Sohigian in Wilson's missing
     46. Following that June, 1992 deposition, it came to light
that Scientology over the years following the 1986 "settlement"
and throughout the post-settlement litigation had been carrying
out a black PR campaign against me far more extensive than I had
previously imagined, publishing and disseminating a paper
mountain of lies about me. That fact, in addition to
Scientology's litigation attacks and extralegal threats, to say
nothing of its efforts to deny me basic Constitutional rights,
made "honoring" the "settlement agreement," as I stated in
deposition, unsafe, unwise and logically, ethically, morally,
psychically, philosophically, spiritually, and in every other
way, impossible.
     47. Wilson states:
     "While the preliminary injunction which preceded the
     Order was in effect, Armstrong willfully disobeyed it
     on numerous occasions. This gave rise to an earlier
     Order to Show Cause Re Contempt, which was heard in
     December 1994 by the Honorable Diane Wayne. I
     represented CSI at that hearing. Armstrong admitted the
     violations and pled for mercy from the court. Judge
     Wayne discharged the contempt but admonished Armstrong
     to conduct himself appropriately in the future."
     (Wilson Dec 3:23-28)
This statement contains the following falsehoods:
     - that I willfully disobeyed the preliminary injunction on
numerous occasions. The truth is that I did not, and, despite
Scientology's efforts and pressure to have me found in contempt
and jailed for its own manufactured charges, Judge Wayne
discharged me and the OSC. This Court has seen Judge Wayne's
order which is part of the record.
     - that Judge Wayne heard the OSC in December 1994. The truth
is that Judge Wayne issued an order discharging the OSC on July
29, 1994.
     - that I admitted the violations. The truth is I did not.
There were no violations. And I strenuously opposed Scientology's
efforts to have me found in contempt and punished for its
manufactured charges. My opposition to these efforts is reflected
in the few pages from my declaration executed February 2, 1993
which Wilson has attached to his declaration as Exhibit B.
     - that I pled for mercy from the court. The truth is I did
not. I rejected Scientology's efforts to have me punished on its
trumped up charges.
     - that Judge Wayne discharged the contempt but admonished me
to conduct myself appropriately in the future. The truth is she
made no such comment in her ruling.
     48. Wilson states:
     "On or about October 14, 1997, in violation of the
     Order, Armstrong created and cause to be disseminated
     by means of the Internet a documentary work which
     discussed CSI and other beneficiaries of the Settlement
     Agreement. A true and correct copy of said documentary
     work is attached hereto as Exhibit F." (Wilson Dec 4:9-12)
This is false. My post did not discuss CSI. Also, Scientology has
produced here an altered version of my post, deleting the name
"Xenu" from the final line on p.1 of the post (Wilson Dec, Ex F),
which should read ""ARC," or Xenu, etc., etc." Scientologists
are taught in the organization's "secret" "upper levels," and
must believe if they would be Scientologists, that 75 million
years ago an evil tyrant named Xenu brought people from all over
the galaxy to earth, dumped them in volcanoes and exploded the
volcanoes with hydrogen bombs. The murdered beings were then
assembled and electronically implanted to make them into the
degraded beings Scientologists think humans are today.
Scientology teaches that human bodies have masses of these
degraded entities called "body thetans" stuck to them.
Scientology teaches that God and Christ are not real, but are
electronically implanted ideas from the Xenu period implanters,
used to enslave people. I believe that Scientology's teachings on
this subject are madness, are a factor in the organization's
propensity for abusing its members and attacking its critics, and
should be exposed to reduce or eliminate the abuse and attacks.
     49. Wilson states:
     "The "letter" [to the Commission on Security and
     Cooperation in Europe, (Wilson Dec Ex K)] continues
     with Mr. Armstrong's litany of false and derogatory
     charges against CSI and its affiliates with which this
     Court is all too familiar and with which this Court
     would not have been burdened if Mr. Armstrong had
     simply obeyed the Order." (Wilson Dec 5:9-11)
This is false. There are no false and derogatory charges against
Scientology in my letter to the CSCE. All my statements are true.
These charges are before this Court, the CSCE, and the world, not
because I have disobeyed this Court's Order, but because
Scientology is engaged in activities against me and others which
are violative of human rights and are dangerous. Scientology is
engaged in high level political machinations involving, and
representing a threat to, US relations with foreign nations and
Constitutional rights of citizens within the US. The Scientology
public controversies and political and Constitutional issues are
of a level and nature which impact me directly and in which I
have potentially vital information which the public has a right
to know. These issues brought me to write to the CSCE and to make
public my knowledge about the political and antisocial goals of
     50. Wilson states:
     "The recent violations of the Injunction in Great
     Britain and Germany have forced the Church to expend a
     great deal of time and money to correct the
     multiplicity of falsehoods and lies which Armstrong has
     promulgated." (Wilson Dec 6:27-7:1)
This is false. I promulgated no falsehoods and lies. I merely
attempted, as every person has a right when assailed by lies told
about him, to bring those lies to the light of truth. Wilson
identifies no lies that I told. I have herein identified many he
has told. Wilson, being a Scientology lawyer, is a beneficiary of
the illegally obtained "settlement agreement" and this Court's
order (see, e.g., "CSI legal counsel," Order, 7:9,10; prohibition
against discussing "Beneficiaries," Order,8:14-16) and thus has
an interest in telling falsehoods and having them believed.
Scientology has not been forced to expend one minute of time or
monetarily one thin dime to correct anything I have said.
Scientology has spent its time and money on attacking me with
more lies.
     51. In the following black PR, by way of example, which I
downloaded a few days ago from Scientology's webbed, advertised,
and publicly available ""Freedom"" magazine at,
Scientology states:
          "That vacation [of UK Television documentary
     producer Jill Robinson] was found to consist of a
     series of interviews, including discussions with former
     Church members expelled for their misdeeds, and long
     ago exposed in a plot to extort money from the Church
     (see Secret Lies,). Among them: Gerry Armstrong, a
     fugitive from justice in the United States, seeking to
     avoid a jail cell after he was found in contempt of
     court for spreading lies about Mr. Hubbard and the
     Church. He owes the Church hundreds of thousands of
     dollars for grievous violations of court orders. This
     is the same man who was captured on video boasting of
     his ability to falsify "I can create documents with
     relative ease. I used to do it for a living. ... Just allege it. What’s more, rather than contacting
     the Church or seeing Church facilities while in Los
     Angeles, she travelled to Canada, where this source was
     hiding out from U.S. law enforcement."
     52. This statement contains the following falsehoods about
     - that I was expelled for my misdeeds. The truth is that I
escaped from Scientology.
     - that I was exposed in a plot to extort money from
Scientology. The truth is that I was never involved in a plot to
extort money from Scientology, and I know of no such plot.
     - that I am a fugitive from justice in the United States.
The truth is that I left the United States earlier this year in
order to defend myself from exactly this kind of Scientology
black PR and defend myself from its threats of harassment,
including the threat of physical violence.
     - That I sought to avoid a jail cell after I was found in
contempt of court for spreading lies about Mr. Hubbard and
Scientology. The truth is that I left California in January,
1997, left the US in February, 1997 and the contempt order was
issued, without a hearing, in June. I was not found in contempt
for spreading lies about anyone or anything. This Court
erroneously, held me in contempt for reporting, by way of
declaration to US District Court Judge Ronald Whyte,
Scientology's threat of prosecution if I responded to Grady
Ward's document production subpoena. I am not barred from
spreading lies about Hubbard and Scientology, and I have never
spread lies about them.
     - that I owe Scientology hundreds of thousands of dollars
for grievous violations of court orders. The truth is that I owe
Scientology nothing, and that I have never committed grievous
violations of court orders. I owe Scientologists, as well as non-
Scientologists, the truth about this organization's nature,
policies and practices, as they are pernicious and dangerous.
     - that I was captured on video boasting of my ability to
falsify. The truth is that the videotape Scientology made of me
was illegally obtained, and does not contain such a "boast" by
me. The nearest thing to this statement on the illegal video is
my reference to my history inside Scientology's Sea Organization
where I was routinely required to falsify documents.
     - that I was hiding out in Canada from U.S. law enforcement.
The truth is that I was in Canada to be safe from Scientology's
threats, including the threat of physical violence or
assassination, and to be in a position to correct the black PR
Scientology was continuing to spread about me, especially the
black PR contained in its perjurious application for tax
exemption submitted to the IRS (See paras 15,19,20,27,28, supra).
     53. Wilson states:
     "The Church did not pay Armstrong to silence him, but
     to save itself the time and expense of responding to
     and correcting every false allegation." (Wilson Dec
This is untrue. I made no false allegations, thus there were none
to respond to and correct. Scientology paid me to dismiss my
lawsuit against it for fraud for the years of waste and abuse
inside the organization, and intentional infliction of emotional
distress for the abuse inside plus the years of fair game
attacks, including physical assault, thefts and attempts to have
me jailed on false charges, after leaving. Scientology certainly
wished to silence me, for the illegal purpose of being able to
attack me with impunity, and thus continue to defraud and abuse
other victims; but it did not pay me to be able to do so. The PD
must have sufficient time to get to the facts underlying all of
Wilson's and Scientology's falsehoods, to understand
Scientology's illegal litigation purpose which makes all these
falsehoods understandable, and, based on all these falsehoods, to
prepare an adequate defense and penetrating cross-examination of
Wilson, Miscavige and the other relevant organization agents.
     54. Finally, there is the matter of the appearance of
impropriety surrounding this Court's actions throughout this
litigation, which, I believe a reasonable person would agree,
call out for this Court to withdraw from this case. The PD must
have sufficient time to study the facts relating to this
impropriety, and to prepare the necessary disqualification
motion. As stated above, this Court, in its grants of summary
adjudication, improperly refused to acknowledge evidence
supporting my defenses which was dispositive of Scientology's
claims. This Court cut my attorney Ford Greene off from
presenting his, and my, refutation of this Court's "tentative"
grants of summary adjudication at the hearings on Scientology's
motions, and further, bullied and threatened Greene for
presenting this refutation at those hearings. This Court signed
Scientology's "contempt order" without checking the truth of what
Scientology wrote. I believe that such behavior by this Court in
this case, and regarding issues as important and as far-reaching
as these in this case, would be seen by a reasonable person as a
reflection of the state of this Court's conscience for having
agreed to Scientology's requests, and issued orders granting
those requests. I believe that this Court knows very well that
Greene and I more than adequately opposed Scientology's summary
adjudication motions and that what Scientology was seeking is
illegal and immoral. This Court has been throughout this case
ununderstanding, unreasonable, unreachable, uncompassionate and
unfair. This Court's end product has been the denial of a trial
by 12 honest and reasonable men and women, who, it could
reasonably be expected, would be reasonably understanding,
reachable, compassionate and fair. I believe, more strongly today
than ever, that any reasonable person would say that such 12
honest and reasonable people would have found whatever I did
protected, privileged and justified. This Court's denial of a
trial in this case in patently unjust.
     55. Adding to the appearance of impropriety is that by
issuing its illegal Order, knowing as it did Scientology's abuse
excesses, this Court acted as Scientology's agent, becoming a
"beneficiary" of its own order. Indeed, that is what has
happened, and what the Court sought for itself in its own Order.
I am "prohibited" by this court from discussing this Court's
words and actions. If I were not "prohibited" from discussing
this Court's words and actions I would be able to discuss my
thoughts and experiences concerning Scientology, because my
thoughts and experiences concerning Scientology are what this
Court's words and actions are all about. Now this Court has
issued orders punishing me with jail and fines for allegedly
communicating my thoughts and experiences concerning this Court's
words and actions. As a beneficiary of its own Order, an Order
unflinchingly challenged as illegal, this Court really should
step away from further participation in this case.
     56. Wilson writes that my letter to the Commission on
Security and Cooperation in Europe, (Wilson Dec Ex K) "continues
with [my] litany of false and derogatory charges against CSI and
its affiliates with which this Court is all too familiar."
(Wilson Dec 5:9,10) If this Court is "familiar" with such an
alleged "litany of false and derogatory charges," this Court has
accepted and is forwarding Scientology's black PR, thus must be
disqualified in this case. There is no such "litany," and indeed
no such false charges. If this Court does not accept
Scientology's black PR assertion that there is such a "litany of
false and derogatory charges," this Court must see Scientology's
purpose in this litigation for the illegal purpose it is. This
Court must then either eliminate that illegal purpose by
dismissal, or this Court must be disqualified. Wilson's claim of
what this Court is familiar with, when seen beside this Court's
history and illegal orders in this case, gives an appearance of a
familiarity between Scientology and this Court which is improper.
The PD must have sufficient time to understand these facts as
they relate to a potential disqualification motion.
     57. As this Court knows, some of Scientology's obstructive
and often illegal efforts to improperly influence Judges
presiding over organization-related litigations, are part of the
record in this case. This Court has seen the declaration from US
District Court James Ideman, who withdrew from his Scientology-
related cases because of the organization's harassment of his
staff. This Court has seen the article from *American Lawyer*,
entitled "Scientology's War of Judges," a quote from which also
appears in my letter to the CSCE.
     "This article, which focused on the criminal trial of
     11 Scientology intelligence personnel in connection
     with their burglarizing of US Federal offices and theft
     of government documents, stated that Scientology's
          "strategy amounts to an all-out war against
          the D.C. district court judges, a war much
          more sophisticated, better financed and more
          successful than the bizarre tactics used by
          some other groups against their courtroom
          adversaries, such as Synanon's attempt to
          murder an opposing counsel by putting a
          rattlesnake in his mailbox." (Wilson Dec Ex
          K, pp 6,7)
It is widely known that Scientology agents were involved in a
scheme to set up US District Court Judge Charles Richey and
entrap him with a prostitute. Another widely known operation was
reported in 1984 by a Florida newspaper:
     "The U.S. Attorney's Office in Tampa currently is
     investigating a purported plot involving an attempt to
     lure U.S. District Judge Ben Krentzman aboard a boat
     off the Pinellas Suncoast where prostitutes and drugs
     were to be used to put the judge in a compromising
It is a well known fact that Scientology carried out intelligence
operations against Los Angeles Superior Court Judge Ronald
Swearinger during the litigation of the Wollersheim case, supra,
which resulted in a 1986 $30,000,000 damages judgment against the
organization. After Judge Breckenridge rendered his decision
after my trial in 1984, with which this Court is very familiar,
Scientology carried out a black PR campaign against him, some of
which black PR this Court has also had before it in this case.
CSI "president" Heber Jentzsch took this black PR campaign on CBS
Television's "60 Minutes" to "link" Judge Breckenridge to German
Nazis. Scientology uses the techniques of corrupt intelligence
organizations against Judges in this country, and this Court
certainly is not immune to such techniques and Scientology's
other pressures and threats. The PD must have sufficient time to
study Scientology's "war on judges," and prepare adequate
countermeasures. The PD must have sufficient time to investigate
this Court, all its connections to Scientology and Scientology's
attorneys, and to expose whatever influence Scientology
improperly has over this Court. The PD must have sufficient time
to research the need for the application of a different standard
of ethics and accountability for judges presiding over
Scientology litigations.
     58. As stated above, Scientology's application, Wilson
declaration in support, and the OSC this Court signed were
received by me on December 17, 1997. I was at that time in Nevada
where I am a resident, making arrangements for completing my move
to Nevada from where I had been staying in Canada. I had to
return to Canada for the holidays, to complete some projects
unrelated to Scientology, and to complete my opposition to a
motion by Scientology in the Court of Appeal to dismiss my appeal
from this Court's order. Scientology based its motion to dismiss,
which is also supported by a declaration from Wilson containing
numerous falsehoods, on the false charge that:
     "Rather than discharging the contempt order of the
     Superior Court, or properly noticing a timely appeal
     from it, Armstrong fled the United States....The appeal
     should therefore be dismissed."
The truth is that I left the United States in February, 1997.
Scientology obtained its contempt order in June.
     59. Wilson states in his declaration supporting the motion
to dismiss my appeal:
     "Accordingly CSI moved for an Order to Show Cause why
     Armstrong should not be held in contempt of court for
     [sending the declaration to Judge Whyte]. Rather than
     responding to the OSC Armstrong fled the country...
     Armstrong's flight required that we serve the Order to
     Show Cause by publication."
This is false.
     60. Accepting Mr. Wilson's own representation in his letter
to attorney Abbott on February 25, 1997, he called my former
residence in San Anselmo, California to give notice of his ex
parte application for the OSC on February 14, 1997. I had left
that residence on January 28, 1997 and was already in Canada on
February 11.
     61. I left the US, not because of Scientology's OSC or its
contempt order, but because of this organization's unceasing
threats and attacks and my need to be in a position to oppose
those threats and attacks, for my own safety and for the safety
of countless other people attacked and victimized by the
organization. I needed to be in a place where Scientology does
not control the Court, and where I could correct the lies being
published and disseminated about me, and others, particularly in
Scientology's false 1023 response on which the organization's tax
exemption is based.
     62. I completed my opposition to Scientology's motion to
dismiss my appeal on December 30, as I had understood the due
date to be, but learned on that date from the Clerk of the Court
of Appeal that my appeal had been dismissed on December 23. This
ruling is very suspect, and was, if nothing else, the result of
Scientology's and Wilson's false statements of fact in the motion
to dismiss. On December 30, I became very ill for almost two
weeks, but during this time I made contact, as stated above, with
the Marin PD. The PD was, and remains, very difficult to make
contact with, and has not been good about returning calls. I have
perceived during our conversations that he appears to be
overloaded and harried.
     63. Today I was able to speak again with Mr. Becker who
advised me that he had not sent the financial statement form as
promised, but that he would straight away. He also advised me
that he had been denied access to the court file in this case
because it is "sealed." I have never been advised of this Court's
having sealed the file, nor even of any request from Scientology
that it be sealed. If the court file has indeed been sealed, that
is another factor calling for this Court to recuse itself.
     64. Mr. Becker, who had in an earlier conversation
acknowledged Scientology's litigiousness and its reputation for
overwhelming litigation opponents, also advised me today that
because of the immense resources of Scientology and the
complexity of this case the Public Defender's Office probably
does not have the resources to adequately defend me.
     65. I also learned today that Scientology has filed a
motion in the Court of Appeal to strike my filings in that Court.
I have not seen the motion, but I will have to respond to it
before I complete my move to Nevada, and before I can appear in
California to take care of this Court's bench warrant and its
latest OSC. My necessary files and my computer are still in
     66. Since the PD says that his office lacks the resources
to combat Scientology in this matter, and since Scientology and
this Court could easily bully me procedurally if I attempted to
defend myself, I will also do whatever I can to locate resources
elsewhere to prepare an adequate defense. As this Court knows I
come before it in forma pauperis. I will contact the Civil Rights
Division of the US Department of Justice and other US Government
agencies which are in a position to do something effective about
this Court's illegal orders and this use by Scientology use of a
US court to suppress human rights. I will also contact media
around the world and urge other people to do likewise. I will
contact the ACLU, Amnesty International, the UN and foreign
government people who ought to know about the civil rights abuses
being perpetrated in this Court under color of "law." I will post
this declaration, as I said above, to ARS, so that the world can
be gotten out, and protests or pickets organized.
     67. Two days ago, Scientology agent WGert posted a message
addressed to me to ARS which stated:
     "I learned you will get arrested (see the bench warrant
     I posted). And from what I've heard, L.A. county jail
     is not a nice place for long haired white boys like
     yourself." (parens are WGert's)
It is a well known fact that Scientology uses corrupt active and
former police officers to carry out its attack on people. It is
also a fact that this Court is a former prosecutor, and it can be
presumed has contacts into Marin law enforcement and jail
personnel. I have been, as this Court knows, assaulted and run
into by Scientology agents, and this organization has spared no
expense to destroy me. It must be clear to this Court that the
threat of 2 days in jail has not silenced me, nor has the threat
of 65 days, or even life imprisonment. All the threats based on
this Court's illegal order have only made me more determined to
tell the truth about Scientology's abuses and this Court's
misplaced support thereof. Only two things will silence me:
either Scientology's murder of me, or its ceasing utterly to
suppress basic freedoms and rights. Before I submit to jail at
Scientology's and this Court's hands, I will need the PD to take
necessary steps to insure I am not murdered or assaulted in
custody. I will also do whatever I can to prevent this occurrence
by bringing these matters to the attention of the correct US
agencies, the media and foreign governments.
     68. It is a fact as old as the United States that when
government, or even a dangerous cult, becomes the oppressor it
is incumbent upon free people to speak out. When courts ignore
justice, it is incumbent upon free people to oppose the courts by
speaking out and by fighting for justice by arousing media and
public support. When courts prohibit people, by order, threat,
fines and imprisonment, from speaking out about injustice
perpetrated by those courts, the nation has sunk into brutal
stupidity. It is incumbent upon every citizen to speak out
against and oppose brutal stupidity; and when citizens are
prohibited from speaking out against and opposing brutal
stupidity, it is incumbent upon those citizens, overthrowing a
brutal stupid regime not always being possible, to leave that
country, or state, and go where brutal stupidity can legally be
spoken against and opposed. The PD, or whoever represents me at
the hearing or trial of this matter, must have sufficient time to
understand the basic principles of free people and free states
involved in this case. This Court is perpetrating an extreme
injustice with its grants of summary adjudication, its illegal
injunction Order, its signing of the false contempt order, its
bench warrant for my arrest, and its latest OSC re contempt.
     69. I ask that this Court grant me an extension of 60 days
so that the PD, or whoever will defend me, may prepare an
adequate defense, the need and breadth of which I have sketched
out above. I further ask that this Court, based on my
representation that I am not a fugitive from justice, and on the
facts demonstrating that this Court's Order is illegal and
unjust, withdraw its bench warrant, so that I may prepare my
defense with whoever will defend me.
          I declare under the penalty of perjury under the laws
of the State of California that the foregoing is true and
     Executed at Chilliwack, B.C., Canada on January 26, 1998
               GERALD ARMSTRONG

     I am employed in the Province of British Columbia, Canada.
I am over the age of eighteen years and am not a party to the
above entitled action. I served the following document:


on the following person(s) on the date set forth below, by
delivering a true copy thereof enclosed in a sealed envelope to
the addressees below:

Andrew Wilson, Esquire
Wilson Campilongo LLP
115 Sansome Street, Suite 400
San Francisco, California 94104

Glen Becker, Esquire
Marin Public Defender
Hall of Justice, Civic Center
3501 Civic Center Drive, Room #139
San Rafael, CA 94903

[X] (By Mail)     I caused such envelope with postage thereon
                         fully prepaid to be placed in the Canadian
                         mail at Chilliwack, B.C., Canada.

[ ] (Personal)     I caused said papers to be personally served
                         on the office of counsel.

[X] (State)         I declare under penalty of perjury under the
                         laws of Canada and the State of California
                         that the above is true and correct.

DATED:    January 27, 1998

[End Part 2 or 2]


Copyright © Gerry Armstrong - All Rights Reserved.