Refund and Reparation

1. I am the defendant and cross-complainant in the case of

Church of Scientology of California v. Armstrong, Case No.

420153.

    2. I am making this Declaration to support a motion to have

plaintiff deliver to me my "auditing" and "ethics" files, now in

its or a connected organization's possession.

    3. During the process of "auditing" in Scientology, a

person being "audited," hereafter referred to as "penitent, "

communicates to the clergyman, counselor, or therapist,

hereafter referred to as "auditor," his innermost thoughts and

relates incidents from his life which are emotionally charged,

embarrassing or for which he could be blackmailed. The auditor

writes down what the penitent says in "auditing reports." The

auditor demands and records details such as time and place when

an incident occurred, who was present, who knew about the

incident, their relationship to the penitent and their address or

general location. These "auditing reports" form, along with the

auditor's notes and instructions made after the auditing

sessions, the penitent's auditing files. My auditing files are

from approximately one thousand hours of auditing and total over

two feet in height. These are the files, along with my "ethics"

files, and any copies, notes or excerpts from these files, that I

seek to have delivered to me.

    4. When I became involved with Scientology, and when I

joined the Sea Organization, I did so in part because of the

promises made to me that auditing reports and statements made

during auditing were to be absolutely confidential between

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auditor and penitent. I was told that these statements were

treated like the confessions of Catholics to their priests, that

they would never be passed on to others and would not be used

against the penitent. I was never told of use of auditing

information by the hierarchy of Scientology against penitents

, nor of the fact that the hierarchy and the intelligence bureau

personnel of Scientology had complete access to auditing files.

My learning of the actual use to which auditing information is

put was a major factor in my leaving the organization. The fact

that the organization refuses to turn over my personal records

by claiming they are "protected" by the "clergyman-penitent

privilege" which they have for decades ignored and abused, is a

situation designed by Scientology to bring about my emotional

disintegration.

     5. I seek the delivery to me of my personal auditing and

ethics files for a number of reasons. They are my property

because they are my statements made as a penitent. As such, they

are protected by the "clergyman-penitent privilege." Yet, I

cannot exert the privilege, and stop the organization's use of

these files as long as they remain in Scientology's possession.

I seek an understanding from these records of what happened to me

during my thirteen years of involvement with Scientology. There

are aspects of the mind control by Hubbard and the organization

which as yet elude me. I worked over eleven years, virtually

without pay and doing things as directed by Hubbard and the

organization that no sane person would do. I feel that my

auditing records will shed a great deal of light on this

subject. My emotional stability I feel was damaged by

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Scientology, both while inside and by the attacks on me after

leaving, and the continued possession of my personal auditing

records and violation of my rights does not allow any emotional

healing. The organization or Hubbard and his agents will use the

information from my personal auditing files against me, both in

and out of the legal arena. I seek to prevent Hubbard and the

organization from this abusive action. Hubbard and the

organization have labelled me their "enemy" and a "suppressive

person" (or one of the 2 1/2 percent most evil people in the

world). They do not consider me a friend, and their motivation

for retaining my personal auditing files is not friendship or

interest in my welfare. They actively seek my destruction.

    6. During my years of involvement with Hubbard and

Scientology I learned by direct observation how the organization

uses penitents' "confidential" auditing information.. While

working in the Guardian's Office and L. Ron Hubbard's

Communications Bureau, I coded and decoded telexes which

contained such information gleaned from auditing files. The

information came from the Guardian's Office (or Intelligence

Bureau), and without the knowledge of the penitents. The

transmitted information dealt mainly with the penitents' sexual

activities, their family, drug use, criminal activity in their

past, " buttons" (things which could be used to exert control over

the penitents), and things for which the penitents could be

blackmailed. In 1980 and 1981 I learned from Guardian's Office

operatives that because of its social unacceptability and legal

problems they could no longer use auditing information directly.

Instead, they gleaned the information from auditing files then

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sought out "third parties" or created "third parties" who could

provide the same information. Since the auditing reports

contained the time and place where incidents occurred, and who

was present or knew about the incident, this was relatively easy

to do. In 1980 I was asked by a GO operative to "verify"

information taken from the auditing files of Tonja Burden, a

young girl then considered an "enemy" of Scientology. The

operative knew details from Ms. Burden's "confidential" files and

related these to me to see if I could be the "third party" to

"provide" the information in a declaration or as a witness.

     7. A number of times during my involvement with

Scientology I was ordered, either by Intelligence Bureau

personnel or Hubbard's personal agents, to cull usable

information from penitents' auditing files. The information

culled was written or typed into lists and kept by the GO or

Hubbard's agents separate from the auditing files. This was

standard practice with anyone who requested to leave or did leave

the organization or was considered in any way a "threat."

Undoubtedly it has already occurred with my "confidential" files.

The classes of information I was ordered to extract from auditing

reports were: anything concerning the penitents' sexual

activities, including time, place, form, event and names and

addresses of all sexual partners; any involvement with drugs,

including time, place, form, event and names of anyone else

involved; any criminal activities with complete details; anything

for which the penitents could be blackmailed; any information on

family members, friends, associates, connections. In short, the

information sought by the GO and Hubbard's personal agents was

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intelligence data exactly like that sought and used by the KGB or

the Gestapo.

    8. Only in 1982, after leaving Hubbard's personal staff

and the Sea Organization did I find that the practices regarding

the use of "confidential" auditing files for intelligence

purposes existed as written policy long before I joined the Sea

Organization. In a Guardian's Order dated December 16, 1969,

entitled PROGRAMME: INTELLIGENCE: INTERNAL SECURITY, Mary Sue

Hubbard, then directly responsible to L. Ron Hubbard, wrote:

    "VITAL TARGETS:

    1. This Programme is to be done by the Asst.

    Guardian or the D/A/Guardian for Intelligence,

    if this post is held separately.

    2. To establish intelligence files on all

    such persons found to be infiltrators, double

    agents, and disaffected staff members, Scien-

    tologists and relatives of Scientologists.

    OPERATING TARGETS:

    1. To make full use of all files on the

    organization to effect your major target.

    These include personnel files, Ethics files,

    Dead files, Central files, training files,

    processing files and requests for refunds.

    2. To assemble full data by investigation of

    each person located for possible use in case

    of attack or for use in preventing any attack

    and to keep files of such." (GO 121689 MSH,

    attached hereto as Attachment 1.)

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If I had known of this policy and practice in 1969 I would never

have become involved with Scientology.

    9. The public statement by Hubbard and the Scientology

organizations is that the purpose of auditing is to free

individuals. Yet the real use to which auditing is put is to

entrap and control individuals. Many of the people in

Scientology are Hubbard's unwitting dupes; they believe that, to

some degree at least, their participation in the covert and

illegal use of confidential auditing files has something to do

with freeing individuals. Hubbard's personal writings during

the period of his creation of Dianetics and Scientology, however,

reveal a completely different and very non-altruistic motivation.

In these writings, now under seal in the Court, Hubbard wrote

that he would control this sector of the Universe, that all men

will bow down to his will, and that he has the right to use

men's minds. There are approximately two hundred pages of such

writings presently under seal. These reveal Hubbard's intent to

control people, his utter disregard for individuals' rights and

his meglomania. The illegal use to which he and his organization

have put and do put penitents' statements, made in confidence,

fit with the pattern of Hubbard's life and his mental state as

shown in the sealed documents.

    10. Hubbard's and Scientology's attorneys are knowing or

unknowing participants in the illegal use of "confidential"

penitents' files. Plaintiff's attorney, Karl Kohlweck, in

refusing to produce my "ethics" file stated:

    ". . . 'ethics' files of parishioners of the

    Church of Scientology contain information

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    derived from confidential communications

    between the parishioners and ministers of the

    Church. Plaintiff Church of Scientology of

    California asserts the priest-penitent

    privilege with respect to the contents of such

    files." (Response to Defendant's First Request

    for Production of Documents attached hereto as

    Attachment 2.)

Besides being ludicrous--the "Church" asserting the privilege for

the penitent when the penitent himself is requesting the files--

it is a clear example of obstruction of justice and abuse of the

justice system. In my deposition of August 18, 1982, Mr.

Kohlweck asked a series of questions which began:

    "Q      Mr. Armstrong, isn't it a fact that

    during December of 1977 there was dispatch

    concerning you, that you were approved for

    duty at the S. U. or Special Unit, provided you

    were not ever to be on C.M.O. or Commodore

    Staff Guardian lines nor at any time on G.O.

    lines, Guardian's Office lines, or any

    position senior to Messenger? Are you aware

    of such a dispatch?" (Deposition of Gerald

    Armstrong taken August 18, 1982, p.208,

    attached hereto as Attachment 3.)

The " dispatch" Mr. Kohlweck appears to know in such detail I know

to be from my "ethics" file. From not only this instance, but

from a very long experience with Scientology, it is clear to me

that the priest-penitent privilege means nothing to Hubbard or

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the Scientologists he controls, other than as a vehicle to

prevent the penitent from exerting his privilege, and at the same

time selectively using the information from the files not

relinquished to the penitent because they are "privileged." It

is the penitent's privilege; it most certainly is not the

organization's. It is just this sort of convoluted perversion of

the law and the individual's rights which has been Hubbard's

modus operandi for more than thirty years.

    11. My attorney has written CSC, requesting delivery to me

of my " auditing" files and "ethics" files. The organization has

not even responded, yet they have claimed these files are

protected by the priest-penitent privilege.

    Evidence Code Section 1033 states:

    Privilege of Penitent: "Subject to Section 912, a

    penitent, whether or not a party, has a privilege

    to refuse to disclose, and to prevent another from

    disclosing, a penitential communication if he

    claims the privilege."

    Section 912 deals with waiver of privilege.

I do not waive the privilege, and in fact insist upon it. The

only way I can exert the privilege and prevent CSC or Hubbard

from disclosing my "penitential communications" is to have the

"auditing" and "ethics" files, and all copies delivered to me.

Yet CSC and Hubbard refuse, claiming "priest-penitent" privilege,

which is my privilege, not theirs.

    12. Hubbard has set the organization's policy regarding

lawsuits:

    "The law can be used very easily to harass,

      

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    and enough harassment on somebody who is

    simply on the thin edge anyway, well knowing

    that he is not authorized, will generally be

    sufficient to cause his professional decease.

    If possible, of course, ruin him utterly."

    (Level " 0" Checksheet by L. Ron Hubbard,

    attached hereto as Attachment 4.)

It is very clear that the refusal to deliver to me my "auditing"

and " ethics" files, which have no possible legal use to Hubbard

or the organization, is simply harassment. Hubbard's directed

harassment of me has put me "on the thin edge" as he intended. I

am deeply disturbed by the abuses and harassment by Hubbard and

the people he controls and their desire to ruin me utterly.

    I declare under penalty of perjury that the foregoing is

true and correct.

    Executed this 18th day of December 1983 at Costa Mesa,

California.

[signed]
GERALD ARMSTRONG