Gerry Armstrong--decl-2004-03-02.html

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GERRY ARMSTRONG
#1-45950 Alexander Avenue
Chilliwack, B.C. V2P 1L5
Canada
gerry@gerryarmstrong.org
In Propria Persona

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MARIN

CHURCH OF SCIENTOLOGY

INTERNATIONAL,

Plaintiff,

vs.

GERALD ARMSTRONG,

Defendant

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Case No. CV 021632

DECLARATION OF DEFENDANT GERRY
ARMSTRONG IN SUPPORT OF
OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT

Date: March 16, 2004
Time: 0:900
Department: L
Trial date: April 9, 2004

I, Gerry Armstrong, declare:

1. I am the defendant in this case. Except for those facts stated on information and

belief, I have personal knowledge of the facts herein, and could competently testify concerning these

facts if required to do so.

2. Appended hereto as Exhibit [A] is a true and correct copy of my Complaint Report

executed February 16, 2004 and filed with the Department of Justice Civil Rights Division. The

Complaint Report identifies a number of U.S. Federal crimes being committed against me and others by

the persons comprising the individual “parties,” “releasees” or “beneficiaries” of the “contract”

(Plaintiff’s Exhibit A) that underlies this breach of contract case. The “contract” states that these

individuals comprise every director, officer, employee, volunteer, agent, assign or lawyer of every

Scientology corporation, organization or affiliated entity, which includes plaintiff Scientology

corporation herein, and which are also “parties,” “releasees” or “beneficiaries” of the subject “contract.”

3. The criminal acts identified in the Complaint Report relate to and are in furtherance of

a global, twenty-two year long, continuing violation of 18 U.S.C. §241, “Conspiracy Against Rights,”

which states in pertinent part:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in

any State, Territory, Commonwealth, Possession, or District in the free exercise or

enjoyment of any right or privilege secured to him by the Constitution or laws of the

United States, or because of his having so exercised the same;...

They shall be fined under this title or imprisoned not more than ten years, or both.

The subject “contract” is an instrument in and evidence of that criminal conspiracy, and all of the

“beneficiaries’” efforts to enforce said “contract,” including judicially using the Marin Superior Court,

are unlawful acts in furtherance of said criminal conspiracy.

4. The Marin Superior Court, most particularly in the person of former Judge Gary W.

Thomas unlawfully abetted the Scientology “beneficiaries’” 18 U.S.C. §241 conspiracy, including by

granting to said Scientology “beneficiaries,” a series of summary adjudication and summary judgment

motions against me, by the signing of contempt orders against me for said Scientology “beneficiaries,”

and by issuing warrants for my arrest on behalf of said Scientology “beneficiaries.” These actions by

Judge Thomas were not supported by logic, law, equity or justice and constitute a gross and ongoing

violation of 18 U.S.C. §242, “Deprivation of Rights Under Color of Law,” which states in pertinent part:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully

subjects any person in any State, Territory, Commonwealth, Possession, or District to the

deprivation of any rights, privileges, or immunities secured or protected by the

Constitution or laws of the United States, ... shall be fined under this title or imprisoned

not more than one year, or both.

5. The rights and privileges secured to me by the U.S. Constitution and laws, which the

Scientology beneficiaries, in violation of 18 U.S.C. §241, have conspired to injure, oppress, threaten,

and intimidate me in the free exercise or enjoyment of, and the rights and privileges which Judge

Thomas deprived me of, in violation of 18 U.S.C. §242, include, but are not limited to:

right to the free exercise of religion; right to freedom from slavery; right to freedom of speech; right to

self-defense; right to freedom of association; right to due process; right to communicate with or petition

government agencies; right to report crimes; litigant’s privilege; doctor-patient privilege;

clergyman-penitent privilege.

6. In December 1986, I was brought to sign the subject “contract” by threat from the

persons and entities comprising the “contract’s” Scientology-related “parties,” “releasees” or

“beneficiaries,” hereinafter “beneficiaries,” by fraud perpetrated by these “beneficiaries” against me, and

by God Himself for His Purposes. I have detailed a great amount of the circumstances and events

underlying and forming this duress, fraud and Divine Action in many sworn statements, including my

Complaint Report to the Department of Justice Civil Rights Division, Exhibit A hereto, which I

incorporate herein by reference.

7. Scientology founder L. Ron Hubbard ordered, and Scientologists accept as true, that

there is a class of citizens called “Suppressive Persons or “SPs,” who are the most evil people in the

world, destructive, criminal, and deserving no mercy or rights. Hubbard called Scientology’s policy for

treatment of SPs “Fair Game,” and provided examples and types of Fair Game to be applied to SPs in

various policy letters or directives. E.g. in his policy letter “Penalties for Lower Conditions, Hubbard

wrote:

ENEMY — SP Order. Fair game. May be deprived of property or injured by any means
by any Scientologist without any discipline of the Scientologist. May be tricked, sued or
lied to or destroyed.

Scientology declared me to be a “Suppressive Person” right after I left the organization in

December 1981 and has considered me an SP and Fair Gamed me ever since. I have studied

Scientology for thirty-five years and have acquired a great deal of knowledge of and experience

in this field, particularly regarding the Suppressive Person Doctrine and the philosophy,

methodologies and application of, and defense to Fair Game. Scientology is extremely wealthy,

possessing an estimated billion dollars in liquid assets. Scientology is a global enterprise

employing intelligence operators and operatives, private investigator thugs, high powered and

low ethics attorneys, and thousands of aggressive mind controlled fanatics to carry out its attacks

against people declared Suppressive Persons like me. Scientology has a history of criminality,

publishes policies calling for crimes against people, and trains its personnel to implement and

execute those policies.

8. Appended hereto is a true and correct copy of a policy letter written by Hubbard

entitled “Battle Tactics,” in which he wrote:

If you uniformly apply the tactics and strategy of battle to the rows we get into, press or
legal or public confrontation, you will win.
...
But there are also wars of attrition. We are engaged in one where total destruction of us
has been the enemy's aim for, at this writing, 19 years. This is barbarian warfare, thus the
enemy must have had very positive fears and terrors about us. Since he fought for total
attrition. In this case it is not safe to hope for any half way win. We must ourselves fight
on a basis of total attrition of the enemy. So never get reasonable about him. Just go all
the way in and obliterate him.
It is bad warfare to fight battles on your own terrain, in your own subject area. It is not
good to fight in the territory of allies. Fight battles wherever possible only on enemy
terrain, in and about his subject and his people, not ours. You can gauge your relative
success by this. When all your battles are fought on his terrain, you are winning.
A good general expends the maximum of enemy troops and the minimum of his own.
He makes the war costly to the enemy, not to himself.
One cuts off enemy communications, funds, connections. He deprives the enemy of
political advantages, connections and power. He takes over enemy territory. He raids and
harrasses.
…
Intelligence identifies targets and finds out enemy plans and purposes, enemy
connections, dispositions, etc.
...
The prize is "public opinion" where press is concerned. The only safe public opinion to
head for is they love us and are in a frenzy of hate against the enemy, this means standard
wartime propaganda is what one is doing, complete with atrocity, war crimes trials, the
lot. Know the mores of your public opinion, what they hate. That's the enemy. What they
love. That's you.
You preserve the image or increase it of your own troops and degrade the image of the
enemy to beast level.
...
Wars are composed of many battles.
Never treat a war like a skirmish. Treat all skirmishes like wars.

I studied this policy letter inside Scientology, and am familiar with its implementation inside and outside

Scientology. The “enemy” Hubbard refers to and orders be attacked is the class of citizens that

Scientology declares to be “Suppressive Persons” or “SPs.” The kinds of attacks on SPs and their lives

and livelihoods that Hubbard orders in this policy letter are forms of Fair Game; e.g., waging a war of

total attrition on people, expending the maximum of these people, making the war costly on them,

cutting off people’s communications, funds and connections, depriving them of political advantages,

connections and power, raiding and harassing them, turning public opinion into a frenzy of hate” against

them, degrading these people’s image to beast level, and going all the way in and obliterating them.

This policy letter is claimed by Scientology to be “religious scripture,” and must be obeyed by

Scientology’s members and agents.

9. The original policy letter “Battle Tactics” that I studied was published and distributed by

Hubbard in 1969. Exhibit [B] hereto is a copy of this policy letter as it was reissued September 24, 1987,

identical to the 1969 issue, except for the “updated distribution.” This reissuance of Hubbard’s policy

letter that orders this ruthless fair game against Suppressive Persons, less than a year after Scientology’s

promise to end Fair Game forever in order to get Armstrong to sign the subject “contract,” is clear

evidence of the falseness of that promise.

10. Appended hereto as Exhibit [C] is a true and correct copy of a document entitled Office of

Special Affairs Executive Directive 508R, Investigations Officer Full Hat Checksheet and dated 1991.

This is a checksheet for a training course and manual for personnel in the Intelligence Bureau of the

Office of Special Affairs or “OSA.” OSA is the arm and operation in the global Scientology enterprise

set up to deal with public relations, legal and intelligence matters. OSA and all of Scientology are run

by one David Miscavige, who succeeded Hubbard as supreme director of the enterprise after Hubbard’s

death in 1986. This checksheet has been authenticated in a number of legal proceedings by a former

OSA employee Frank Oliver. I have been in communication with Mr. Oliver to obtain a declaration

from Mr. Oliver newly authenticating Scientology’s checksheet for filing in the instant proceeding, but

have learned that Mr. Oliver has been intimidated by threat of retaliation into not assisting me by

providing me with such a declaration. It is my belief that if this Court ordered that Mr. Oliver not be

retaliated against in any manner for providing me with such a declaration that he would provide it. The

checksheet appears in every way to be genuine, and I have no reason to doubt its authenticity. It is

similar to a checksheet I had and used inside Scientology that also required the study of “Battle Tactics”

and similar directives.

11. The OSA checksheet requires that its intelligence personnel study and pass an oral

examination on “Battle Tactics” and requires that these personnel demonstrate “5 examples of the

following stable datum:”

"We must ourselves fight on the basis of total attrition of the enemy. So never get
reasonable about him. Just go all the way in and obliterate him." (page 15)

“Stable datum” is a Scientology term meaning the one datum from which a whole body of knowledge is

built, the datum which keeps the entire body of knowledge from falling apart, the datum on which all

other things in a subject aligned. Total attrition of Suppressive Persons, never getting reasonable about

SPs, and going all the way in and obliterating them, is clearly vital to the “body of knowledge” that is

Scientology. This checksheet and the obvious intention therein to train Scientology personnel to wage a

war of total attrition on SPs and obliterate them is clear evidence of fraud in Scientology’s promise to

me in 1986 to end Fair Game.

12. Pursuant to Scientology’s Suppressive Person Doctrine, and in execution of the Fair Game

policy, Scientology’s agents have, among other crimes or torts, assaulted me, run into me bodily with a

car, terrorized me on the freeway, threatened to put a bullet between m eyes, staked out my home,

framed me with crimes, brought false criminal charges against me, secretly and illegally videotaped me,

broke into my car and stole my documents plus irreplaceable artwork, disseminated my confidential

psychotherapy records, terrorized me now for twenty-two years, and subjected me to a vicious global

black propaganda campaign. Scientology has waged a war of total attrition on me that continues to this

day, and seeks to go all the way in and obliterate me, to expend me, to make Scientology’s war costly on

me, to cut off my communications, funds and connections, to deprive me of political advantages and

power, and to raid and harass me. Scientology and those persons serving its malevolent purposes have

pumped out a river of black propaganda to degrade my image to beast level, and to turn public opinion

into a frenzy of hate against me. Appended hereto as Exhibit [D] is a true and correct copy of Internet

postings or excerpts from postings containing black propaganda on me that were made by Scientology

agents or persons serving Scientology’s purposes to the Usenet newsgroup alt.religion.scientology. This

is only part of such postings, and for economy and clarity I have deleted from these postings text that did

not refer to me.

13. At the time of the December 1986 “settlement,” my attorney Michael Flynn told me

that if I didn’t sign Scientology’s “contract,” Scientology would continue to Fair Game me, Flynn and

his family, the other Scientology victims that Flynn represented, and Fair Game anyone else Scientology

wanted. I knew very well what Fair Game was, and understood very well the terrible threat that Scientology

was making. I have described this duress in my sworn Complaint Report, Ex. A, p. 37, para. 123

The burden of having to sign Scientology’s onerous, indeed impossible, “contract” in
order to have the organization stop its fair game attacks on my attorney and his family, on
his clients, on my friends, on the rest of humanity, and on myself, was unbearable. In a
strange flash of prescience while under this awful pressure, I saw the “contract” as an act
of fair game and saw myself as Scientology’s fair game target for years into the future,
isolated and fair gamed by the very contract I was being told would end fair game forever
– exactly as has happened. Relying on Flynn’s representations that the “contract’s”
conditions that I found intolerable were “not worth the paper they’re printed on,” and
having no choice but to sign, I submitted to the whole farce, which included playing my
fool’s role in Scientology’s videotaping of the “contract” signing spectacle.

14. Flynn also communicated to me that if I signed Scientology’s “ contract” Scientology

promised it would end Fair Game forever against me, Flynn, his family, clients, and everyone else in the

world. Immediately following my signing, however, Scientology continued to Fair Game me and Fair

Games me to this day. Scientology’s acts against me in execution of the Fair Game policy following my

signing of the “contract” include, but are not limited to, distributing edited perverse versions of illegal,

secretly made videotapes of me, filing sworn statements about me in legal proceedings falsely accusing

me of crimes, threatening me on multiple occasions, filing false criminal charges against me, assaulting me

on three occasions, carrying out a massive global black propaganda campaign against me, forging

my signature to hate postings to the Internet, spying on me, more secret videotaping of me, terrorizing

my friends and me on the freeway, terrorizing us with a phony bomb threat, obtaining unlawful court

orders against me including the Marin Superior Court’s summary adjudication and summary judgment

orders, injunction, judgment, contempt orders, and arrest warrants, and by seeking “judicially” and

extra-judicially to deprive me of my rights and privileges secured to me by the U.S. Constitution and

laws.

15. Had I been made aware that Scientology intended to and would continue to Fair

Game me after I signed its “contract” I would never have signed. If I had been aware that the “contract”

could possibly be interpreted by a sitting California Superior Court Judge to be a license to Scientology

to Fair Game me, to assault, spy on, terrorize, black PR, frame, jail, war on and obliterate me, and

punish me if I responded, I would also never have signed Scientology’s “contract.” In fact, when I

objected to Flynn about the contract’s conditions that on their face deprived me of certain basic rights

and privileges, he assured me that those conditions were “not worth the paper they’re printed on,” that

these conditions were “unenforceable,” and that I couldn’t “contract away [my] Constitutional rights.”

Unbeknownst to me at the time of the “settlement,” Flynn entered into a “contract” with Scientology

that according to Flynn requires that he not assist me in any way if Scientology Fair Games me, which

Scientology has done. I believe that such a “contract” that prohibits an attorney from assisting his client

is unlawful, and is an act by Scientology in furtherance of its 18 U.S.C. 241 conspiracy to deprive me of

my rights and privileges secured to me by the U.S. Constitution and laws. Also, because of Flynn’s

assurance that the “contract’s” liquidated damages provision was not worth the paper it was printed on,

there was absolutely no negotiation by me with Scientology, or even via Flynn with Scientology,

regarding liquidated damages and no discussion whatsoever regarding their reasonableness. It was

completely understood by me at the time of the settlement that the liquidated damages condition and

amount were utterly unreasonable. I am certain that they are just as unreasonable today, and, I believe,

even more unreasonable given the now obvious conclusion that this liquidated damages condition, its

enforcement by Judge Thomas, and every way in which it has been used by Scientology against me and

against others, constitute acts in furtherance of serious civil rights crimes.

16. Scientology claims, obviously, that every utterance by me that mentions Scientology

or my thoughts about Scientology or any of the entities comprising the “beneficiaries” to the subject

“contract” has a value of $50,000.00. An utterance can be a minimal or negligible number of words, and

only vaguely about these subjects. See, Scientology’s list “ARMSTRONG BREACHES OF

SETTLEMENT AGREEMENT” appended to its complaint, alleged breach no. 49, which Scientology

describes as: “8 May 1999 Posting by Armstrong in which he guesses how much Dennis Erlich received

in his settlement with the Church.” In the newsgroup exchange, which Scientology claims has a value

of $50,000, I write: “I'll say $1,500,000. That's my figure.”

>Hahaha!!!! I am looking forward to that. We should make a betting pool.
>
>I bet that Dennis Erlich has received $1,000,000.

I'll say $1,500,000. That's my figure.

(c) Gerry Armstrong

In fact I wasn’t guessing how much Dennis Erlich got from Scientology. It may have appeared to

Scientology that way, but Scientology jumped to a wrong conclusion. The definition for Scientology’s

determination of utterances worth $50,000.00 each is any number of words by me that appear to mention

Scientology or my thoughts about Scientology or any of the entities comprising the “beneficiaries” to

the subject “contract.”

17. Since Scientology has affirmed and insisted that virtually any utterance by me that

mentions Scientology or my thoughts about Scientology or any of the entities comprising the

“beneficiaries” to the subject “contract is worth $50,000.00, it is obvious that Scientology cheated me

when it claimed it purchased my right and ability to make such utterances. If my Usenet post stating

“I'll say $1,500,000. That's my figure.” is worth $50,000.00, then “I'll say $1,500,001. That's my figure.”

is also worth $50,000.00, as is “I'll say $1,500,002. That's my figure.” and “I'll say $1,500,003. That's

my figure.” etc. I believe that I can generate utterances, orally and by computer and other

communication media, that would have a value of trillions, or even quadrillions, or more dollars a day.

Accepting Scientology’s own monetary valuation of my utterances, the organization cheated me out of

quintillions of dollars, or over a lifetime even sextillions of dollars, with its cruelly unfair peanuts

“settlement” “payment.” For Scientology to purchase my rights, ability and utterances that the

organization claims it purchased, it would have to pay me what my potential utterances are worth,

sextillions.

18. The actual monetary damage caused to the Scientology “beneficiaries” by my

utterances is quite obviously zero. Scientology has never produced one shred of evidence to support its

necessarily claimed no triable issue as to the reasonableness of the liquidated damages condition and

amount at the time of the December 1986 “settlement.” There could be no such evidence, obviously,

because there could be no other monetary figure than zero damages that can reasonably be equated with

any or all of these utterances. Scientology lawyer Wilson admits as much in an exchange between us in

1996, true and correct copies of the communications in which are appended hereto as Exhibit [E]. On

October 7, 1996, I wrote by e-mail to all the Council Members of the Los Angeles City Council

concerning the decision to rename an LA street “L. Ron Hubbard Way.” On October 23 Mr. Wilson

wrote me threatening that my letter to the LA City Council constituted a violation of the Thomas

injunction. On November 7/11 I wrote back to Mr. Wilson, and on December 11 he sent me a letter

stating “the impact of [my] letter was negligible at best, more likely nil. Pursuit of further remedy thus is

unnecessary.” It is clearly impossible to explain logically how a four page letter e-mailed to all the LA

City Council Members, along with the twenty-seven page Decision in Scientology v. Armstrong, LA

Superior Court Case No. C 420153, has a value of “negligible at best, more likely nil,” and my

minuscule comment that is virtually unrelated to Scientology “I'll say $1,500,000. That's my figure.” is

worth $50,000.00. The LA Court Decision, a true and correct copy of which is appended hereto as

Exhibit [F], and which was affirmed on appeal, condemns Fair Game and Scientology’s Fair Game

attacks on me and others.

19. There is a triable issue as to the conditions and relationship existing between

Scientology and me at the time of the “settlement,” which conditions and relationship must be examined

by the trier of fact. At the time of the “settlement,” Scientology was a billion dollar enterprise, whereas

I had no money whatsoever and no bargaining power. Scientology had hundreds of lawyers. My lawyer

had been compromised by Scientology to the point that he was pressuring me on Scientology’s behalf to

sign the “contract” to have Fair Game end against him and his family, assuring me that Scientology

would end Fair Game forever if signed, and also insisting that the liquidated damages condition was not

worth the paper it’s printed on. Scientology also linked the liquidated damages condition to all the other

“contractual” conditions by which Scientology unlawfully sought to deprive me of my rights and

privileges secured to me by the U.S. Constitution and laws.

20. Scientology states in its motion:

First, the validity and enforceability of the Agreement was aggressively
contested by Armstrong through all possible legal process available to him in that matter.
When judgment was decided against him on this issue, he sought reconsideration of it.
When that was denied, he appealed. Thus, he had every opportunity and indeed, took all
opportunities to litigate this issue. Motion 7:6-9.

Scientology, however, has unclean hands in this matter, having engineered the dismissal of my appeal

by unlawful means and with the abetment of Marin Judge Gary Thomas.

21. On January 23, 1997 I was served with a subpoena for production of documents by

defendant Grady Ward in the case of Religious Technology Center v. Ward, U.S. District Court for the

Northern District of California, Case No. C-96-20207 RMW. A true and correct copy of the subpoena is

appended hereto as Exhibit [G]. On January 24, 1997 I received a fax letter from attorney Wilson stating

that the documents that Ward sought were “within the purview of the December 6, 1986 Settlement

Agreement and, hence, the various interlocutory orders and judgment in [ ] Marin Superior Court No.

157 680,” insisting that I refrain from producing the subpoenaed documents before a motion could be

heard, and claiming that Scientology’s “contract” “requires no less.” A true and correct copy of

Wilson’s letter is appended hereto as Exhibit [H]. I took this letter from Wilson, who did not advise Ward

of what was happening, to be a threat and an improper tampering with a subpoenaed witness. I wrote a

declaration, a true an correct copy of the relevant pages from which are appended hereto as Exhibit [I],

that I executed January 26, 1997 and sent to the U.S. District Court Judge presiding over the Ward case

to advise him of the threat from Wilson.

68. On January 23, 1997 I received in the mail from Grady Ward a
subpoena, a true and correct copy of which is attached hereto as Exhibit T, for production
of documents in his case.

69. On January 24 I received from attorney Andrew H. Wilson a fax letter,
a true and correct copy of which is attached hereto as Exhibit U, threatening prosecution
in Armstrong IV if I provide documents to Mr. Ward pursuant to his subpoena. This letter
is frightening to me, and supports why I am sending this declaration directly to the Court,
and why the "settlement agreement" and the Thomas order are illegal. Mr. Ward does not
have the time to wait for my testimony until Scientology's motion for protective order is
heard before he must file this testimony. In my opinion, that is precisely why Mr. Wilson
has sent his threat letter. Ex. I, 43:13-26.

22. I left California at the end of January 1997 and traveled to Canada because of my

discovery on the Internet of a submission from Scientology to the Internal Revenue Service in response

to the IRS’s Form 1023 Request, in which submission Scientology included several pages of black PR

lies on me. While I was in Canada, and without notice to me of any kind, Scientology, represented by

attorney Wilson, got Judge Thomas to sign an order of contempt, fining and jailing me for sending my

declaration about the Wilson threat to the U.S. District Court Judge presiding over the Ward case. The

Wilson threat letter and the order of contempt, jail and fine for reporting the threat against me to the

Federal Judge constitute acts in violation of 18 U.S.C. §1512, “Tampering with a Witness, Victim, or an

Informant,” which states in pertinent part:

(b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly
persuades another person, or attempts to do so, or engages in misleading conduct toward
another person, with intent to -
(1) influence, delay, or prevent the testimony of any person in an official proceeding; (2)
cause or induce any person to -
(A) withhold testimony, or withhold a record, document, or other object, from an official
proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity
or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to produce a
record, document, or other object, in an official proceeding;
or
(D) be absent from an official proceeding to which such person has been summoned by
legal process; or
(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of
the United States of information relating to the commission or possible commission of a
Federal offense or a violation of conditions of probation, parole, or release pending
judicial proceedings;
shall be fined under this title or imprisoned not more than ten years, or both.

…
(e) For the purposes of this section -
(1) an official proceeding need not be pending or about to be instituted at the time of the
offense; and
(2) the testimony, or the record, document, or other object need not be admissible in
evidence or free of a claim of privilege.

It is obvious to me that Wilson knowingly used intimidation, threatened and corruptly attempted

to persuade me, with intent to influence, delay and prevent my testimony in the official Ward

proceeding. It is also obvious that not only did I have a right to report Wilson’s threat by

declaration to the Federal Judge presiding over the case in which the threat occurred, but that I

had a duty to report this threat and federal felony, pursuant to 18 U.S.C. §4, "Misprision of

Felony" which states:

Whoever, having knowledge of the actual commission of a felony cognizable by a court
of the United States, conceals and does not as soon as possible make known the same to
some judge or other person in civil or military authority under the United States, shall be
fined under this title or imprisoned not more than three years, or both.

23. Since Judge Thomas unlawfully punished me for making known to the proper judge

the Wilson threat and witness tampering, Judge Thomas’s punishment of me constitutes an act depriving

me of my rights and privileges secured to me by the U.S. Constitution and laws in violation of 18 U.S.C.

§242. Nowhere in the contempt order that Judge Thomas signed, a true and correct copy of which is

appended hereto as Exhibit [J], is there any mention of Wilson’s threat letter, which is what caused me to

send my declaration to the judge on the Ward case. Assuming that Judge Thomas read my declaration

and knew about Wilson’s threat letter, it becomes obvious that the injunction that Judge Thomas is

enforcing by signing Scientology’s contempt order and the “contract” that the injunction enforces, have

an unlawful purpose. According to Wilson and Judge Thomas, the “contract” and injunction prohibit

me from reporting violations of U.S. Federal criminal statutes. If Judge Thomas did not read my

declaration for which he punishes me for sending it to the U.S. District Court Judge, then by his willful

dereliction of duty in signing Scientology’s contempt order he acted to deprive me of my rights and

privileges secured to me by the U.S. Constitution and laws in violation of 18 U.S.C. §242.

24. After getting Judge Thomas to sign the unlawful contempt order (Ex. J) Scientology

then used this order to unlawfully get my appeal from the injunction and judgment of the Marin Superior

Court dismissed. Using Judge Thomas’s unlawful contempt order, attorney Wilson insisted, on behalf

of Scientology, that I was not entitled to maintain my appeal because of the fugitive disentitlement

doctrine. Scientology’s and Wilson’s engineering of the dismissal of my appeal constitutes a series of

acts in furtherance of crimes under 18 U.S.C. §241.

25. I have pled in my answer to Scientology’s complaint forty-four affirmative defenses.

Wilson Decl. Ex B. Scientology did not file a demurrer or a motion to strike any of my defenses in this

case. Scientology has not provided any evidence in its motion for summary judgment that there is no

merit to all or any of my affirmative defenses, has not disposed of any or all of these defenses, or even

identified the forty-four affirmative defenses for potential disposal.

26. I possess, have always possessed, and cannot lawfully but possess a right guaranteed

by the First Amendment to the U.S. Constitution to the free exercise of religion that permits me to make

and have made all of the utterances I have ever made about Scientology or the “beneficiaries.” I have

written about this right to freedom of religion, and necessarily this affirmative defense to Scientology’s

complaint, hundreds of times in hundreds of pages in different legal pleadings, declarations and other

public statements. See, e.g., Answer, Forty-First Affirmative Defense, 77:1-82:8, Wilson Decl. Ex. B,

Complaint Report, Armstrong Ex. A, 57:182-76:241. The only appearance of the word “religion” or

“religious” in all of Scientology’s motion, separate statement and Wilson declaration, is to identify the

plaintiff as a “nonprofit religious corporation.” Any mention of this whole monumental subject and

dominating affirmative defense, and any mention of the Judge’s having dealt with this subject and

defense, is completely missing from Scientology’s moving papers. In fact, Judge Thomas’s refusal to

deal with the religious issue and the free religious exercise defense, when these were squarely and

voluminously before him in my oppositions to Scientology’s earlier summary adjudication and summary

judgment motions, is compelling evidence of judicial malfeasance.

27. All of the communications I have made that Scientology claims violate its “contract”

(see Breaches list) and for which it seeks here by summary judgment $10,050,000.00 and other

monetary damages are my religious expression of my religious beliefs about a subject and entity that

calls itself a religion. I made all of these listed utterances that comprise my religious expression of my

religious beliefs after Judge Thomas gave Scientology its injunction and judgment, and these utterances

conveyed and constituted my religious expression of my religious beliefs at the time I made them.

Judge Thomas certainly could not possibly have dealt with my religious expression of my religious

beliefs that constitute elements in my affirmative defense of free religious exercise to Scientology’s

pending breach of contract claims because he had retired before I even uttered the subject utterances.

Scientology has provided no evidence whatsoever to completely dispose of or even deal with these

material facts. Scientology has not shown that my religious expression is not my religious expression,

that my religious beliefs are not religious beliefs, and that Scientology is not a religion. To attempt to

prevent, as Scientology is doing in this Court, by “contract,” by summary judgment, injunction,

judgment, contempt orders and arrest warrants, the religious expression of a person’s religious beliefs,

about, in this case, a “religion,” constitutes a clear violation of 18 U.S.C. §241. Scientology’s complete

refusal to deal with or even mention the issue and clear defense of religious exercise in the summary

judgment motion is evidence of the “beneficiaries’” guilty knowledge that what they are doing

constitutes a crime, and that they have no lawful way to defeat or even deal with the defense of religion,

because any effort to defeat the defense of freedom of religion, given all that has happened between

Scientology and me in the past twenty-two years, and what has happened in this Court in the litigations

between Scientology and me in the past twelve years, constitutes another criminal act in violation of 18

U.S.C. §241.

28. I am a Christian, Scientology is antichristian, and I have a ministry that involves

defending Christianity and Christians from Scientology predations and fraud. I am a Prophet to

Scientologists who brings them God’s Word as directed. I am the founder and head of the Church of

Wogs (CoW) ® which is a global faith dedicated to protecting wogs from Scientology defamation and

persecution. “Wogs” is the term Scientologists use for non-Scientologists, and is a racial epithet both

inside and outside Scientology equivalent to “niggers.” I am a wog. My utterances about Scientology

and wogs constitute religious scripture. Scientology has said nothing about any of these material facts

and the defense of freedom of religion in which they are elements. See, regarding these facts and

defense, e.g., my declaration executed January 9, 2001 a true and correct copy of which is appended

hereto as Exhibit [K]. Scientology includes my OSC re contempt opposition that this declaration is in

support of as Wilson Decl. Ex. I.

29. I am the founder of the Suppressive Person Defense League, dedicated to uniting SPs,

defending SPs against beastification, attack and menace, and bringing SPs to stand up to Scientology. I

am an SP. Suppressive Persons form a religious class and minority persecuted by Scientology,

Scientologists and their agents. It is clear to me that to prevent me, an SP, from assisting my own

people and class against being beastified, attacked, menaced and obliterated by Scientology is no

different from preventing a Jew from assisting his own people and class, the Jews, against being

beastified, attacked, menaced and obliterated by, e.g., a Nazi cult. Seeking to prevent me, by “contract,”

threat and punishment from such assistance to or association with my fellow Suppressive Persons is a

clearly unlawful purpose and an obvious violation of 18 U.S.C. §241. Judge Thomas’s abetment of

Scientology’s efforts to prevent me from assisting or associating with my own people and class against

being beastified, attacked, menaced and obliterated constitutes an obvious violation of 18 U.S.C. §242.

30. Judge Thomas ruled on summary adjudication in 1995 that the subject “contract” is lawful

and enforceable. The Judge signed Scientology’s injunction enforcing the conditions that deprive me of

a great number of my rights and privileges secured to me by the U.S. Constitution and laws. In signing

the injunction that unlawfully deprives me of these rights and privileges, Judge Thomas ignored and

refused to deal with valid affirmative defenses, e.g., religion, and ignored or perverted clear evidence of

duress, fraud and the unreasonableness and unenforceability of the liquidated damages condition. I have

alleged, with a great amount of supporting evidence, in my Complaint Report to the Department of

Justice, and herein state again, that Judge Thomas violated 18 U.S.C. §242 with his various orders in this

case. We have over eight years of experience and evidence for interpreting the injunction and Judge

Thomas’s other orders and their results and effects on me, others and justice. There exists an obvious

triable issue as to the lawfulness of the injunction and other orders of Judge Thomas on which

Scientology bases its motion for summary judgment.

31. In addition to being criminal violations of U.S. Federal civil rights laws, the contractual

conditions and their enforcement by injunction and judgment that deprive me of my right to make

utterances about Scientology and the “beneficiaries” are absolutely and simply impossible to perform or

obey. I have a need every day that cannot be altered or denied to communicate about Scientology to

people. See, e.g., my recent resume, a true and correct copy of which is appended hereto as Exhibit [L].

Scientology will view as Suppressive Persons or Suppressive Groups any person or company that might

hire me, will run intelligence operations against those persons or companies, will seek through

operations and attacks against those person or companies to cut off my communications, funds and

connections, to deprive me of advantages and power, to raid and harass me, and to obliterate me, and to

cut off my employer’s communications, funds and connections, to deprive my employer of advantages

and power, to raid and harass my employer, and to obliterate my employer. I have a legal duty therefore

to disclose my knowledge of Scientology, my experiences, my beliefs and anything else that would

explain what the threat Scientology is and would be to any potential employer. Even to get welfare, I

must send out my resume to all sorts of companies disclosing my knowledge of the threat to them that

Scientology would be if any person or company hired me.

I declare under penalty of perjury under the laws of California, the U.S.A. and Canada that the

foregoing is true and correct.

Executed this 2nd day of March 2004 in Chilliwack, B.C., Canada.

Gerry Armstrong

Exhibit [A]
Complaint Report to U.S. Department of Justice

Exhibit [B]
Battle Tactics by L. Ron Hubbard

Exhibit [C]
OSA Investigations Officer Full Hat Checksheet

Exhibit [D]
Black propaganda Internet Posts (excerpts)
Webbed archive

Exhibit [E]
Armstrong Letter to Los Angeles City Council 10-06-1996

Wilson Letter to Armstrong 10-23-1996

Armstrong Letter to Wilson 11-07/11-1996 [.pdf ]

Wilson Letter to Armstrong 12-11-1996

Exhibit [F]
Los Angeles Court (Breckenridge) Decision affirmed on Appeal

Exhibit [G]
Subpoena in RTC v. Ward

Exhibit [H]
Wilson Letter to Armstrong 01-24-1997

Exhibit [I]
Armstrong Declaration 01-26-1997

Exhibit [J]
Order of Contempt 06-05-1997

Exhibit [K]
Armstrong Declaration 01-09-2001

Exhibit [L]
Armstrong Resumé

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