Why did the Scientologists need and want their urgent arrest warrant?
The short and immediate answer is Russia.
Scientology and Scientologists, overtly and covertly, are totalitarian and extremist. Key to the Scientologists’ totalitarianism and extremism is their “Suppressive Person” doctrine. The SP doctrine is extremist in the extreme.
The doctrine is as evil and as extreme as the Hitlerian Nazis’ Jewish doctrine; which is universally understood as evil and extremist. Unlike the Nazis, who were able to murder millions of the Jewish class, the Scientologists, clearly, have never gained the capacity to murder their own human targets, the persons in the SP class. Unlike the Nazis, the Scientologists have never been able to institute programs to accomplish mass murder. The Scientologists, of course, have not attained the secular political power of the Nazis; although they seek it.
The doctrine that drove the Nazis’ persecution of Jews and the doctrine that drives the Scientologists’ persecution of SPs, however, are remarkably similar. Jews and SPs are religio-racial designations appearing in religious scripture. The Nazis blamed the Jews for Germany’s WW1 disaster and post-war ills. The Scientologists blame SPs for all illness, accidents and bad conditions everywhere. Both the Nazis and the Scientologists claim that their execration and persecution of their religious victims are justified on scientific grounds, and necessary for planetary salvation. The Nazis embraced and harshly enforced among their members protocols of hate and persecution for Jews. The Scientologists do the same for SPs. It is scripture and policy in Scientology that if Scientologists even “grant credence” to an SP, they will themselves be identified and persecuted as SPs.
Extremism is an issue in Russia’s immediate governmental, legal and theological relationship with Scientology – the philosophy, the theology, the corporations, the Scientologists, the leaders and their collaborators, domestic or foreign. The official US approach, since at least 1991, has been to facilitate and reward Scientology’s extremism, even granting tax exemption and orchestrating judicial outcomes in favor of the SP doctrine operators and to the extreme prejudice of their SP class victims.
Relevant officials and departments in the US Federal Government, including importantly its Intelligence Community, are aware of Scientology and Scientologists’ extremist teachings, nature, intentions and actions. Very unwisely, these Government officials and entities are using Scientology and Scientologists as assets, including here against Russia. Morally, the knowledgeable US officials should be communicating to the Russians about Scientology, its extremist teachings, its fraud, its mind control, and its destruction of citizens’ civil rights. The US should be helping Russia understand and defend against this US-created and -operated extremist, espionage-dominated religious cult.
I am very familiar with the Scientologists’ SP doctrine, and I am knowledgeable concerning its creation by Scientology founder L. Ron Hubbard in 1965 and its application against SPs since then. Hubbard wrote in his scripture that SPs are “fair game.” The term has also come to mean the aggressive, antisocial or criminal actions Scientologists plan and take against SPs. The goal of fair game is to silence or destroy SPs. And SPs are commonly persons who merely tell the truth about these aggressive, antisocial or criminal actions, and about the scriptures and other communications directing them.
I am both an expert regarding SPs, the SP doctrine and fair game, and a percipient witness to fair game in Russia. Russian Scientologists, on orders from their head in the US, have been fair gaming me in Russia for twenty years. I am also versed in the Scientologists and their collaborators’ campaign to shield the SP doctrine and fair game from investigation and prosecution by lying about what they are. The Scientologists seek to make their persecution of SPs acceptable in public opinion. The Nazis did the same with their Jewish doctrine and their murder of the Jews.
The Scientology policy, practice and “technology” that Hubbard implemented to make hating and persecuting SPs acceptable or even praiseworthy is “black propaganda,” or “black PR.” The Scientologists’ objective is to destroy SP targets’ reputation, credibility, relationships, livelihoods and opportunities, by calculated, open or hidden, repeated and relentless lies and calumnies. Black PR is an indispensable component of fair game.
The Scientologists’ black PR on me in Russia includes the repeated lie over the last twenty years that court orders against me in the US were issued because I slandered or libeled the Scientology cult and the cultists. Within their Russian black PR campaign, the Scientologists have repeatedly brandished the arrest warrants they have obtained against me at different times in the US. Their obvious purpose is to position me as a liar about Scientology and a criminal wanted by law enforcement for defaming the cult or for anti-religious propaganda. Following are some of the Russian Scientologists’ statements I have found that employ these black PR lines.
- April 20, 2001 letter from the “Director of PR Office of the Hubbard Humanitarian Center” in Moscow to various officials, including the Russian Federal Security Service:
I am talking about Gerald Armstrong, a man who will take part in this conference and will present a paper on April 24, 2001.
In May 1998 the Supreme Court of the State of California issued an order to “arrest him and to bring him to the court” and that this arrest “can be conducted any time day or night” (cited from the court decision). I should add that this Armstrong was to be brought before the court and held accountable for anti-religious propaganda.
The order has not been executed until now for the simple reason that Armstrong is not at the moment residing in the US and thus is outside the reach of American justice.
[…]
I include here a copy of the document sent to me from the USA and I ask you to find out whose initiative it was to invite this man to Nizhny Novgorod, deliberately not informing the government that he is a criminal element. It is necessary to carefully screen all the list of the participants as well.
I also would like to inform you that this document, with an explanatory letter similar to this one, has already been submitted to the Ministry of Foreign Affairs of the Russian Federation, the Federal Security Service of the Russian Federation, and the Ministry of Internal Affairs of the Russian Federation. Moreover, the information about the arrival of
Armstrong in Russia has been handed to the U.S. Embassy in Russia so that the necessary measures may be taken for his detention.
It is very distressing to me that the city and regional authorities, as well as the Orthodox diocese, are unaware that the reputation of this person, and perhaps some other participants of the Conference, are putting their good name at risk. Nizhny Novgorod Province, which is at present well known for its social stability, in receiving a foreign criminal, could be reduced to a proving ground for religious fighting and appear in an
unfavorable light to other countries.
- From the Director, Department of Public Relations of the Dianetics Center of Nizhny Novgorod:
A man who is a fugitive from justice will be a speaker at the International Conference “Totalitarian Cults – the Menace of the Twenty-First Century” which will be held in Nizhny Novgorod April 23-25.
This man is Gerald Armstrong. In May 1998 the Supreme Court of the State of California issued an order to “arrest him and to bring him to the court” and that this arrest “can be conducted any time day or night” (cited from the court decision).
[…]
Both city and provincial authorities, by being unaware of the reputation of these visitors, are putting their good names at risk. Nizhny Novgorod Province, which is at present well known for its social stability, in receiving a foreign criminal, could be reduced to a proving ground for religious fighting, appear in an unfavorable light to other countries,
and become a forum for propagation of religious hatred.
http://www.gerryarmstrong.org/50grand/cult/osa-ltr-fsb-2001-04-20a.html
- May 8, 2001 letter from the Public Relations of the Hubbard Humanitarian Center to various Russian officials:
Among the participants of the activity was a Gerald Armstrong – an American citizen, hiding from American justice in Canada. In 1997 the Court of the State of California made a resolution to arrest him immediately, nonetheless he was invited to Russia by the organizers of the conference.
It is noteworthy that information about this activity was disseminated by the organizing administration of the President of the Russian Federation as a part of a plan of main activities, conducted by federal and local authorities of the Russian Federation. It appears that a Presidential apparatus supported this activity that is anti-constitutional in its origin.
During the three days, streams of hatred and slander were directed at religious minorities, religious unions and spiritual self-development movements in the hall where the conference took place.
http://www.gerryarmstrong.org/50grand/cult/osa-ltr-2001-05-08-en.html
- In June 2011, Scientology representative Yury Maximov blogged about a Russian television program “Pryamoy Efir” I had recently participated in.
[Google translation] One of the invited American Gerry Armstrong so hard slandered the Scientologists that he was forced to flee the state because, having appeared there, he will be arrested.
- In 2013, the Scientologists, using Maximov, brought a complaint against the Pryamoy Efir producers with the Russian Press Council. They got the Council to publish the Scientologists’ black PR:
[Google translation] The development of the theme of the “Pryamoy Efir” talk show began before the actual broadcast. The subject of the program became known in the media, where it was announced that an upcoming broadcast would feature the participation of G. Armstrong, a former Scientologist known for his critical and derogatory statements against the Church of Scientology and its adherents. We notified the editorial staff that the person invited to the taping of the program, Gerald Armstrong, was the object of an arrest warrant issued on January 17, 2001 by the Superior Court of California in the United States for violation of an injunction prohibiting harmful actions against the Church of Scientology. However, no response to this warning was received from the editorial staff, and the content of the program was not affected. During the taping of “Pryamoy Efir,” G. Armstrong continued to lie about his former co-religionists…. ”
https://www.forum.exscn.net/threads/russian-%E2%80%9Cpress-council%E2%80%9D-decision-for-the-scientologists-against-russia-1-tv.30873/
- On March 27, 2020 the Scientologists filed another complaint with the Russian Press Council concerning a television program “Eduard Petrov’s Investigation” I had been interviewed for. The program aired on June 2, 2018 and was rebroadcast on January 5, 2020.
The complaint signed by Scientologist Elena Verukhina and published in part by the Press Council, states:
[Google translation] The program features a certain Gerry Armstrong (from the 6th minute of the program), who “lost all chances of a successful life in the United States.” He “lost” them for the following reasons: he was repeatedly convicted by a court of libel against the Church of Scientology, sentenced by many US courts to more than one fine, and if he arrives in this country, he will be immediately arrested (in the appendix are several court decisions and a summary of this citizen)
Since 1981, Gerald Armstrong has opposed the Church of Scientology. Being at that time a simple clerk, he fled from the Church and launched a slanderous campaign. As a result of this, there was a long series of ships begun by the Church. All this has been going on for more than 30 years, more than 20 of which, he is hiding from American justice.
Unfortunately, the channel does not inform the viewer about the lawsuits between Armstrong and the Church, which exist solely because of its unlawful behavior. On the contrary, it presents the viewer with deliberately one-sided information, as a result of which the viewer cannot draw his own correct conclusions.
Armstrong’s statements that allegedly “people become liars, vain and narcissistic snitches, sadists, they become extremely destructive personalities” – is fiction and is not based on any facts.
This man has repeatedly demonstrated with his shocking tricks that his mental health is clearly not stable: he was photographed naked for one of the newspapers “in order to confirm his theory of the destruction of all money”; he offered himself as a hostage to Saddam Hussein during the Iraq war.
- In her oral testimony to the Press Council, Verukhina says in part:
[Google translation] Armstrong left Scientology 37 years ago, and since then has had no involvement in the affairs of the church and has been conducting a campaign of slander against the church. He works as a janitor in Canada. He can’t return to the United States because he would be arrested, so he’s in Canada.
He somehow appears in Russia; someone pays everything for him. The church tried to resolve his issues, in 1986, when he left the church. He never played a management role or had a management post. He was a simple clerk who took care of personal papers for L. Ron Hubbard, photographs and biographical materials. He suddenly ran away from the church, taking with him all these photographs and papers and documents. But he returned in 1986 and, after negotiations with the church, he received financial compensation, and it seemed everything was finished. But he didn’t remain quiet and instead pursued his aggressive campaign of slander.
- The Press Council’s decision in favor of the Scientologists states:
[Google translation] The program features a certain Gerry Armstrong, who “lost all chances of a successful life in the United States.” He was repeatedly convicted by a court of defamation of the Church of Scientology, sentenced by many US courts to more than one fine; in case of arrival in this country, he will be immediately arrested (in the appendix are several court decisions and a summary of this citizen). (…)
[…]
Given this circumstance, the College concludes that in January 2020, the Russian viewer in the second round gained access to material that cannot be considered and evaluated in the logic of success or failure of a journalist exploring a complex topic using professional tools of public interest. The viewer who was promised a “journalistic investigation” was actually involved in a propaganda attack on his proposed goal, carried out using a well-known set of manipulative techniques: from infographics and specially selected music to using the “masked man” declared as “whistleblower” a former security officer at the Russian Scientology Department” The only known achievement of the group of authors is the involvement of the “former spokesman Ron Hubbard” and now the Canadian street cleaner Gerry Armstrong as a reliable source of information: it’s unknown where he flew through Moscow – and it’s unknown how he managed to give an “exclusive interview” to this particular program.
- One of the Scientologists’ Russian web sites containing black PR on me states about me in relation to their Press Council decision:
[Google translation] The Collegium on Press Complaints published a decision on the complaint of the Moscow Church of Scientology about the demonstration on the air of the Russia 24 TV channel of the investigation of Eduard Petrov “The Formula of Successful Deception”. Representatives of the religious group outlined several complaints against the media: 1) the broadcast is biased and is an abuse of freedom of the media; 2) false information is broadcast in the program (concerning, in particular, one of the speakers – Gerry Armstrong, as well as the prohibition of Scientology in Russia, ethical principles of Scientologists, etc.); 3) the selection of experts is biased, and the experts themselves are lying;
https://scientologyfacts.ru/events-and-facts/statements/telekanal-rossija24-narushil-m-je-s-v-otnoshenii-saentologii/
The Russian Scientologists receive their black PR orders on me from their Scientology seniors and handlers in the US. David Miscavige, known to reside in California, is the international organization’s supreme head, the director of fair game and black PR campaigns around the world, and dictator of the Suppressive Person doctrine. He and his US cohorts had the arrest warrants and other court documents concerning me sent to his Russian juniors or agents for his black PR and other fair game purposes.
It is evident why Miscavige has had Russian Scientologists make the patently false claim that US law enforcement wants to arrest me “any time day or night” for slander, libel or anti-religious propaganda, or some other unnamed crime. He has had his Russian agents instructed to tell this lie, and has had them repeat it to every stratum of society, including their own membership, because the actual, documented reason for every one of the arrest warrants he has had obtained against me is abominable, and unlawful, even by US law.
The actual reason or grounds, what I actually did that underlies the warrants, all of which were issued in California, was tell the truth. The Scientologists sought and wrote the warrants. They got California State judges to sign them on the basis that I had been ruled in contempt of court and sentenced to jail for violating a 1995 court injunction. The Scientologists obtained their injunction on the basis that I had violated certain conditions of a 1986 contract with them. The contract was couched as settling a counterclaim I had against them for years of fraud and fair game. The relevant conditions supposedly prohibit me from telling the truth about subjects and matters I cannot lawfully be prohibited from telling the truth about: my religious experiences and knowledge.
The Scientologists’ position is that I am prohibited from expressing such truth in every country or location on earth until the end of time. Almost all the injunction violations, the truth I expressed for which the Scientologists obtained their warrants, occurred outside the US. A considerable number of my expressions of my religious experiences, knowledge or beliefs have been in Russia.
How the Scientologists got me to sign their settlement contract is a long, epic legal and extra-legal fair game campaign against me and my attorney, and our families and associates. I have written and spoken in considerable detail about events relating to the “settlement,” so will not go into these here. It is sufficient to know that I signed, looking happy, under extreme duress.
Even, however, if the Scientologists had not fair gamed me and my attorney and friends, and had not extorted my signature on their contract, the conditions the Scientologists are trying to judicially enforce are lawfully unenforceable. The Scientologists’ five lawsuits, their injunction, contempt orders, jail sentences, fines and arrest warrants are all to enforce unlawful conditions.
Plaintiff agrees never to create or publish or attempt to publish, and/or assist another to create for publication by means of magazine, article, book or other similar form, any writing or to broadcast or to assist another to create, write, film or video tape or audio tape any show, program…m or movie, or to grant interviews or discuss with others, concerning their experiences with the Church of Scientology, or concerning their personal or indirectly acquired knowledge or information concerning the Church of Scientology, L. Ron Hubbard or any of the organizations, individuals and entities listed in Paragraph 1 above. Plaintiff further agrees that he will maintain strict confidentiality and silence with respect to his experiences with the Church of Scientology and any knowledge or information he may have concerning the Church of Scientology, L. Ron Hubbard, or any of the organizations, individuals and entities listed in Paragraph 1 above.
[The Scientologists referred to me throughout their contract as “Plaintiff.” I was technically the Defendant and Cross-complainant. They were technically the Plaintiff and Cross-defendant.]
The individuals and entities in the contract’s paragraph 1 are:
the officers, agents, representatives, employees, volunteers, directors, successors, assigns and legal counsel of CSI [Church of Scientology International] as well as the Church of Scientology of California, its officers, agents, representatives, employees, volunteers, directors, successors, assigns and legal counsel; Religious Technology Center, its officers, agents, representatives, employees, legal counsel; volunteers, directors, successors, assigns and all Scientology and Scientology affiliated organizations and entities and their officers, agents, representatives, employees, volunteers, directors, successors, assigns and legal counsel; Author Services, Inc., its officers, agents, representatives, employees, volunteers, directors, successors, assigns and legal counsel; L. Ron Hubbard, his heirs, beneficiaries, Estate and its executor; Author’s Family Trust, its beneficiaries and its trustee; and Mary Sue Hubbard
The Scientologists’ interpretation of their contract is that any or all of the paragraph 1 people or entities can say whatever they want about me — they can black PR me into oblivion — and I cannot respond. If I respond, if I do not maintain silence about the truth, they say I have to pay them hundreds of thousands of dollars, and be fined and jailed. The Scientologists have gotten a string of judges over the past twenty-nine years to go along with this unconscionable and unlawful concept.
It was absurd, cruel and impossible for me to be silent the rest of my life about my then seventeen years of religious experiences with the Scientology religion, and about the knowledge I possessed concerning the religion and the extensive paragraph 1 list. Now I have over fifty years of Scientology-related experiences and knowledge. This condition is rendered grotesquely demonic by the Scientologists’ position, and intention, as they have shown, that they and their organizations and their personnel, agents, lawyers, etc. can smear me with impunity, and destroy me if I say anything in defense.
Prohibiting me, on penalty of financial ruin and imprisonment, from discussing with other people concerning their religious experiences in the Scientology religion, or concerning their personal or indirectly acquired knowledge or information concerning the religion is also lawfully unenforceable.
My experiences and knowledge, and even my beliefs must be the truth. If I claimed an experience that was not real, it would be neither the truth nor an experience. If I claimed knowledge that I did not possess, it would be neither the truth nor knowledge. If I claimed a belief I really didn’t hold, it would not be the truth or my belief.
There is nothing in the Scientologists’ contract about slander, libel or anti-religious propaganda, nor are these mentioned in their injunction. In this matter, truth is not slander or libel, but is an “absolute” defense to charges of slander or libel. The Scientologists’ injunction contains nothing about slander, libel or anti-religious propaganda. It lists some forty individuals, groups or entities to whom I expressed my religious experiences or knowledge: https://archive.org/details/armstrong.4.documents/1995-10-17%20Order%20of%20Permanent%20Injunction%20%28Judge%20Thomas%29
The Scientologists’ arrest warrants have nothing to do with slander, libel, anti-religion or anything else tortious or criminal. The warrants are for simply telling the truth about something Miscavige didn’t want the truth told about; specifically, the religious experiences I underwent, the religious knowledge I acquired, and the religious beliefs I formed, now over the last half century.
The arrest warrants were not issued because I broke any law. Neither the US nor the Russian Scientologists cite to any law I broke or was even charged with breaking. Miscavige and his Scientologist juniors invent reasons for the arrest warrants – slander, libel, anti-religious propaganda – and then trumpet the arrest warrants as proof that I am the criminal they say I am. Being a “criminal,” they say, I am an “unreliable source,” and what I say – the truth – should not be believed. In fact, Miscavige and his cohorts are breaking the law, willfully violating the First Amendment of the US Constitution, and using the US legal system, abetted by elements of the US Intelligence Community, to accomplish this crime.
Every arrest warrant the Scientologists have been using against me in Russia, or anywhere else, has been legally invalid at least since the latest one, which they obtained in 2007, expired in 2010. In truth, the Scientologists’ warrants have always been invalid, even before expiration or removal, because they are unlawful. They are the unlawful fruits of a crime, specifically the conspiracy against rights, and used for an unlawful purpose. Even if the warrants had ever been lawful, however, when they expired they became invalid. The two earlier arrest warrants against me had expired years before.
Between 2001 and 2017, I traveled to Russia seven times, for conferences or talks, always at the invitation of Government officials and representatives of the Russian Orthodox Church. I have spoken to clergy and parishioners, officials from different government departments, law enforcement, lawyers, media and citizenry, always about my Scientology-related religious experiences and knowledge. I don’t think anyone is interested in my non-religious experiences or knowledge I gained over my lifetime.
There are prominent criminal legal cases involving Scientology now proceeding at the trial stage in St. Petersburg. On information and belief, my experiences and my knowledge of Scientology, particularly its extremist “Suppressive Person” doctrine, are relevant in the case. The Scientology policy and practice in this circumstance is to black PR me, denigrate me as a person and potential witness and discredit my testimony. Among other smears that the Scientologists, Russian or not, and their agents and lawyers, have depended on, is that I am fugitive from justice, a scofflaw, a criminal with warrants out for my arrest, and so dangerous that US courts have said my arrest could be “any time of the day or night.”
In court cases, of course, a party’s claims are almost always open to challenge, and it is reasonable that in the St. Petersburg trials someone – a lawyer, a prosecutor, a judge – questioned whether the Scientologists’ arrest warrant was in force or valid. After all, the latest and key warrant states:
Expiration: This warrant will expire on the date of the hearing stated above or, if no hearing is set, on October 5, 2010.
The date is printed onto the “Body Attachment and Warrant of Arrest” form by Scientology lawyer Kendrick Moxon. The form indicates that no hearing had been set.
I did not know of the October 5, 2010 expiration date for the Scientologists’ latest warrant until October 22, 2020 when I received Moxon’s emailed “Ex Parte Application for Renewal of Expired Body Attachment and Warrant of Arrest.” https://ia803106.us.archive.org/31/items/armstrong.7.documents/2020-10-22%20Application%20for%20renewed%20arrest%20warrant.pdf
The Scientologists, naturally, had previously never served their warrant on me. The document is Exhibit I to Moxon’s Declaration in Support of the Ex Parte Application (page 109 of the 133 page .pdf).
“Ex parte” means “on one party only; by or for one party; done for, in behalf of, or on the application of one party.” (Black’s Law Dictionary) Ex parte applications are statutorily for “emergency” matters and give the opposing party (in this case me) no notice or little or no time to prepare and file a substantive opposition and to appear at a court hearing on the application. The Scientologists have used the “ex parte” mechanism many times in their many years of lawfare against me.
California Rules of Court, Rule 3.1202 (c) states:
(c) Affirmative factual showing required
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
This knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte creates an exigency, an urgency or pressing need for an immediate court ruling. I found a good 2020 article by a California Superior Court Judge Mark Mooney on the exigency factor in ex parte matters in California litigation practice:
Exigent circumstances
If ex parte relief is not expressly authorized by statute, your application must explain exactly what the exigent circumstances are that make ex parte relief appropriate. In other words, what is the threat of irreparable harm or immediate danger that your client faces? If your request can be addressed in a properly noticed motion, you will need to have some very compelling reasons why your substantive motion should jump to the front of the line and be considered by the court. Otherwise, your application is likely to be denied based upon a lack of exigent circumstances.
So, what constitutes an exigent circumstance? That may mean different things to different people. Severe inconvenience does not equate to an emergency. The fact that the litigation is costing your client a great deal of money will rarely qualify as an exigent circumstance. But, for example, if evidence or property will be destroyed, or a witness permanently unavailable if the court does not act, exigency will likely be found.
https://www.advocatemagazine.com/article/2020-july/ex-parte-motions
In his comments during the October 26, 2020 hearing on the Scientologists’ ex parte application, which was conducted via Zoom, Marin Superior Court Judge James Chou used the word “exigency” four times, and “emergency” three times, all leading to the ruling that there was no exigency or emergency. In a “minute order” after the hearing, he stated:
MATTER HEARD AND ARGUED.
IT IS ORDERED: THE EX PARTE APPLICATION IS DENIED. THE COURT DOES NOT FIND ANY EXIGENCY.
PLAINTIFF MAY BRING A PROPERLY FILED NOTICED MOTION.
https://legal.gerryarmstrong.ca/2020/10/26/minute-order-re-plaintiffs-ex-parte-application-for-renewal-of-expired-body-attachment-and-warrant-of-arrest-october-26-2020/
The Scientologists’ arrest warrant had expired. It had been expired for ten years. To justify and keep up their “fugitive from justice” black PR on me, most clamantly at this time in Russia, they determined they would wangle a renewal of their expired warrant, or get a new one. The Scientologists’ need or want for a valid, non-expired California arrest warrant to use against me in Russia, or anywhere else, is not, however, the irreparable harm or immediate danger, or other exigency that legitimately permits obtaining the Court’s help ex parte.
It is now clear that the Scientologists concocted a fake exigency to give Moxon what he would need to assert as an emergency or immediate danger in his ex parte application. He laid out the Scientologists’ obviously staged exigency in his application:
This application for renewal of the warrant is being brought ex parte in light of new information that Mr. Armstrong intends to return to California before the end of the month, at which time a warrant can be served upon this contumacious man before he again flees the jurisdiction and the country.
[…]
No motion practice is appropriate for the issuance of the Body Attachment per se. As the only means available to attempt to acquire compliance with Court rulings, plaintiff applies for the issuance of a renewed warrant for Armstrong’s arrest ex parte as upon information and belief, Armstrong is returning to California before the end of the month. P.3
[…]
However, on a limited distribution anti-Scientology website called “Why We Protest,” it was posted on October 17th, that Armstrong is coming in person to San Francisco at the end of the month for an “anti-Scientology lecture/conference.” (Ex. N.) Thus, while his travels over the past several years are not known, now, at least, he has revealed that he will be in the area and within the jurisdiction of the California Courts for further violations of the Court’s injunction before fleeing again to the apparent safety of Canada.
Exhibit N to Moxon’s declaration in support of the Scientologists’ ex parte application (page 132 of the 133 page .pdf) is a screenshot of posts in a thread on the Internet forum “Why We Protest.” The Scientologists’ application and Moxon’s declaration are dated October 22, 2020.
On October 23, I emailed him a request for an extension of time so that I could try to obtain an attorney and fully respond to the application, or alternatively that he serve me with a proper noticed motion. My emailed request to Moxon is Exhibit A to my declaration in opposition to Scientology’s ex parte application.
https://legal.gerryarmstrong.ca/2020/10/25/defendant-gerry-armstrongs-declaration-in-opposition-to-scientologys-ex-parte-application-for-a-new-arrest-warrant-october-25-2020/
In my request to Moxon, I stated my conviction that the “posters” on WWP were his cult’s own “covert operatives, assets or collaborators,” who posted for the corrupt purpose of providing him “with the fake urgent basis” he was using to justify his ex parte application.
You have provided no evidence that there even is a lecture/conference against your “money grabbing wanna be a religion” cult planned in San Francisco this month or at any other time.
You have provided no evidence that you made any attempt to identify who the posters “JA2600” and “Not GA” are, nor any evidence that you made any attempt to identify who “they” got their “facts” about my “being physically present in San Francisco” from, nor what exactly these “sources” of “JA2600” and “NotGA’s” “facts” communicated.
“JA2600” and “NotGA’s” posting histories on Why We Protest show that the subject one post each are “their” only posts. This fact supports the conclusion that they are serving your cult’s corrupt purposes.
Given your lies here, and over the years, your satanic hatred for me, your leader David Miscavige’s satanic hatred for me, the satanic hatred for me he has incited in all Scientologists in your cult, and the extreme, criminal and satanic nature of your cult’s judicial and extra-judicial actions against me, it is altogether likely that one or two of your cult’s covert operatives, assets or collaborators posted as “JA2600” and “NotGA” for the corrupt purpose of providing you with the fake urgent basis you are using to justify your ex parte application, instead of a properly noticed, albeit equally ridiculous, motion.
Moxon refused my request, so, because of the imminent ex parte hearing he had set, I was forced to email the Marin Court my declaration in opposition to show the unurgency for the warrant to arrest me.
-
The facts the Scientologists rely on to justify bringing their application ex parte, or needing to get another brazenly antisocial arrest warrant at all, are false. They falsely state that they possess information that I intend to return to California before the end of this month. Then they falsely state that I had revealed that I will be in the area and within the jurisdiction of the California Courts. They falsely state that they know that I will be in the area for the purpose of further violations of the subject injunction. They falsely claim that after such “further violations” I will flee again to the apparent safety of Canada
-
The only evidence the Scientologists have provided in their one hundred thirty-three page filing to support this fact scenario are four posts by “four” anonymous posters on a message board. (Scientology’s Ex. N) There is nothing in these posts’ content that would lead a reasonable person to jump to the fact conclusions the Scientologists have jumped to.
It was very fortunate that I submitted my opposition, and that Judge Chou accepted and read it, because he stated in the hearing that he had initially believed what Moxon claimed about an emergency. When he read my opposition, however, the Judge concluded that I had rebutted Moxon’s claims, showing them to be false.
Court: So, where I start is whether or not this is an appropriate Ex Parte Application. I consider the exigency that’s asserted by the moving party. I considered the emergency. Why is there a need to act immediately upon this motion?
And at first glance, it appeared Mr. Moxon that you had made the necessary showing of an emergency. You represented to the Court that you had information based on what appears to be anonymous tips that Mr. Armstrong intended to come to the Bay area within the next several weeks, the latter part of October. That in the Court’s mind, satisfied the issue of exigency.
In considering, though, Mr. Armstrong’s response, his Opposition to your moving papers, he rebuts the claims that he is returning to the United States. And he rebuts the claims that he’s coming to the Bay Area specifically.
He asserts in his moving papers that he has no intention of coming to the United States or the Bay Area. And to a certain extent, the Court doesn’t need to make a determination of the veracity of any of Mr. Armstrong’s statements or the representations made by the anonymous individuals. To a certain extent, that is just background noise.
But it gives me the basis to consider an Ex Parte application.
In light of what has been presented to me, I don’t see that there is an emergency. I don’t see that there’s an exigency.
https://legal.gerryarmstrong.ca/2020/10/26/unofficial-transcript-hearing-on-ex-parte-application-for-arrest-warrant-october-26-2020/
Since the Scientologists’ claimed urgent need for an arrest warrant was demonstrably false, I identified in my opposition, for the Court’s understanding, what I am sure is their actual purpose for their desired warrant and their ex parte application to obtain it.
-
It is clear to me the Scientologists want this warrant for black propaganda or black PR purposes, to flaunt it as what they call a “dead agent document” that “proves” what a contumacious, lowlife criminal I am, who should be hated, shunned and crucified. […] The Scientologists have countless times used earlier warrants, and twisted the meaning of the injunction and other judicial rulings in this case, for their black PR purposes around the world. I believe this is an improper purpose for issuing any warrant now, especially to the Scientologists whose hands are unclean in this application and in all their judicial efforts to silence or destroy me. Black propaganda or black PR is the Scientology scriptural policy and practice of organized destruction of a human target’s reputation, credibility, relationships, finances, opportunities, etc. with covert and overt lies, perversions and dirty ops.
I also spoke to Judge Chou during the hearing about the way the Scientologists’ have used their warrants and would use the new one they sought.
But regarding the warrant. It is in a way, a meaningless matter because I’m in Canada. I’m a Canadian citizen. That the Scientologists refuse to recognize. I intend to stay here. I will not come back to the United States until such time as the federal government, as I stated, corrects this matter.
[…]
But, regarding the warrant, it is meaningless except for one thing. And that is the way the Scientologists will use it, and the way they have used it in the past. They pervert its meaning and they spread it around the world to show, to make the claim that I am an evil scofflaw. And that I deserve no rights. And that they are upholding the dignity of the Court, which is a travesty.
While denying the ex parte application, Judge Chou provided the Scientologists the opportunity to bring a “properly filed noticed motion,” which was one of the options I had suggested in my email to Moxon. In the hearing, the Judge spoke about bringing such a motion:
So under the circumstances, Mr. Moxon you indicated that Mr. Armstrong continues to violate the Court’s order, continues to act contemptuously, which in my mind, in the Court’s mind, would give this Court the authority if brought to the Court’s attention, the ability to determine or consider new acts of contempt. New acts of contempt brought to the Court might provide the basis for the issuance of a new warrant. But in no way would an expired warrant, in this Court’s mind, provide the basis for an extension, absent some type of legal authority that would give me the ability to do so.
So, in light of that, I don’t find that there’s an exigency with respect to the present motion. So I would deny it on that ground.
The “acts of contempt” the Judge is referring to are my expressions of my Scientology-related religious experiences, knowledge or beliefs. These are what I am prohibited from expressing by the Scientologists’ 1995 injunction. Violations of this court order are acts of contempt. Since 2007, when the Scientologists obtained their latest jail sentence against me and their latest arrest warrant, I have expressed my Scientology-related religious experiences, knowledge or beliefs, in violation of the injunction perhaps three hundred thousand times.
I have openly violated the injunction, and I have openly many times stated that I am doing so, in essential part, because its prohibitions that I violate are unlawful. The Scientologists are very aware of my injunction-violating communications. They cannot really file a new motion to get a new contempt of court order and a new arrest warrant, however, because a previous Marin Superior Court Judge Lynn Duryee had ruled in 2004 that any such action against me would be unconscionable. Anything the Scientologists did to punish me more than they had already punished me is, thereafter, by court order, unconscionable.
In truth, all the Scientologists’ actions, right from the start of their fair game campaign, to get contempt orders against me, to fine me, sentence me to jail, or get me arrested, are unconscionable. Judge Duryee’s unconscionability ruling, however, at least prevents the Scientologists, for now, from getting a new, unexpired arrest warrant for new contempts.
From what Judge Chou said in the hearing and in his minute order, he was probably not aware of Judge Duryee’s unconscionability ruling. Moxon did not make him aware. Moxon proffered the invented lame excuse that it would be pointless to file a “regularly noticed motion” with new acts of contempt because I would not obey any contempt of court ruling.
[KM] Mr. Armstrong admitted it to you today. “I’m, I think that these orders are wrong. I’m not going to comply with them.” These, ah, it would be a waste of all of our time and indeed it’s been a waste of decades of time with Mr. Armstrong. He says, “I’m not going to comply. You can do what you want. If you issue an order against me, Judge, you’ll be in the same category as all those other judges, who are all wrong.”
And so it’s ah, I could refile these as a regularly noticed motion. And he could file the same thing he’s presented here. But he’s said, “Yeah, I’m in contempt. Sure, I’m in contempt. I’m going to continue to be in contempt. No court is going to tell me differently.”
So it would be pointless.
Court: That’s your decision, Mr. Moxon.
It is true that I will not obey the California courts’ injunction and contempt orders, in significant part because they are impossible to obey. “Impossibility” is an absolute defense to the Scientologists’ subject orders. They are not legal orders and I have no duty to obey orders that are not legal.
The real reason, however, why Moxon would not immediately file a new properly noticed motion with a raft of new acts of contempt to get new fines, new jail sentences and new arrest warrants, is because the judge hearing such a motion would learn of Judge Duryee’s unconscionability ruling. The judge would learn of it because I would make sure he or she did. As of the date I am publishing this statement, the Scientologists have not filed such a motion.
During the hearing, Moxon said nothing to support or defend his claimed facts he had used to cook up the exigent circumstances that make ex parte relief appropriate. The “posters” on WWP, whose posts the Scientologists used to give Moxon the fake exigency they wanted him to claim, have not posted anything since. I have seen no evidence that any “anti-Scientology lecture/conference” occurred in San Francisco in “late October 2020” or at any other time since. I have seen no evidence of an actual announcement by anyone of such a lecture/conference.
It is well known that the Scientologists have agents, both Scientologists and collaborators, planted in Antiscientology groups or on Antiscientology Internet forums such as WWP. The Scientologists and their collaborators on these forums have smeared me and attacked me in numerous ways for at least twenty-five years. Because of their intelligence training and orders, Scientologists can facilely pose as critics of Scientology, or even fake friendliness toward SPs or “enemies,” like me. One of the “posters” claimed to be a “fervent admirer” of mine who “can’t wait” to go listen to me, and the other “poster” described Scientology as “the cult of money grabbing wanna be a religion.” These statements reveal nothing about these “posters” actual positions, affinities or antipathies.
It is well known that the Scientologists maintain, and in fact comprise, a global intelligence network. I know, and I suspect that many people know, that the US Federal Government — relevantly elements of its Intelligence Community — protect, defend, reward and use Scientology, Scientologists, their religious status, and their intelligence proclivity and potential for the US’s hegemonic purposes, specifically toward Russia. No US Federal Government official has ever communicated or acted to demonstrate otherwise. The Scientologists were so emboldened by their special ally relationship with the US Federal Government that their representative in Russia boasted to Russian Federal Ministries that the Scientologists handed information about me and my travel plans to the US Embassy in Moscow “so that the necessary measures may be taken for [my] detention.”
In their multi-decade campaign to silence or destroy me, the Scientologists have run endless covert ops to disadvantage, compromise, and even frame me with crimes. They have operated all kinds of agents, male and female, to try to get physically or psychologically close to me for their cult leader’s intelligence and malevolent purposes. I have many times expressed my experiences, knowledge and beliefs concerning the Scientologists’ intelligence structure, nature, scriptures, operations, etc. See, e.g., this 2004 talk in Novosibirsk, Russia: http://www.gerryarmstrong.org/50grand/writings/scientology-cult-of-total-espionage.html
Why at this time the Scientologists were trying to finagle a quick new arrest warrant against me, I have no doubt, is the St. Petersburg cases. The Scientologists’ black PR on me that I was sentenced to jail in the US for slander, libel and anti-religious propaganda, and that the arrest warrants are proof I’m a criminal, is more visible and current in Russia than in any other country, including the US. This black PR, which Scientology’s leadership in the US originated and directed, is in Russian, using Russians. In Russia, I believe, my testimony, my expertise, specifically concerning the extremist Suppressive Person doctrine, and its criminal application of fair game, is immediately relevant. San Francisco, the Bay Area or California are not where it’s at. Moxon and the Scientologists’ real exigency are St. Petersburg and Russia.