United States District Court for the District of Columbia

“ In view of the severity of the crimes of which the defendants Kember and Budlong were convicted, the high level of their positions in the organizational hierarchy of the Guardian's Office, compared with the positions held by their nine co-defendants who were convicted after a non-jury trial based on an uncontested stipulation of evidence, as well as the additional information which we now bring to this Court's attention, we submit that the public interest demands the imposition of substantial terms of incarceration. ”

“ A review of the documents seized in Los Angeles shows the incredible scope of these operations.
In fact, in order to help determine what individuals and groups to develop operations against, the files of the World-Wide Information Bureau, which defense witness Sheil Chaleff so fondly referred to as "Mo's Files," are divided into eight "enemy" classifications, depending upon the particular degree of "suppressiveness" which the Guardian's Office perceives in its "enemies." Amon the eight classifications are "traitor," "enemy," and "international enemy." ”

“ It is interesting to note that the Founder of their organization, unindicted co-conspirator L. Ron Hubbard, wrote in his dictionary entitled "Modern Management Technology Defined" that "truth is what is true for you," and "illegal" is that which is "contrary to statistics or policy" and not pursuant to Scientology's "approved program." Thus, with the Founder-Commodore's blessings they could wantonly commit crimes as long as it was in the interest of Scientology.
These defendants rewarded criminal activities that ended in success and sternly rebuked those that failed. ”

“ The standards of human conduct embodied in such practices represent no less than the absolute perversion of any known ethical value system. In view of this, it defies the imagination that these defendants have the unmitigated audacity to seek to defend their actions in the name of "religion." ”

“ It is well settled that "before making [a sentencing] determination, a judge may appropriately conduct an inquiry broad in scope, largely unlimited either as to the kind of information he may consider, or the source from which it may come." ”

“ On June 6, 1976, Jane Kember promulgate Guardian Program Order 398, entitled "Mayor Cazares Handling Project." Its purpose was "to remove Cazares from any position from which he can inhibit the expansion of Scientology" and called for, among other things: (1) carrying "out a covert campaign to create strife between Cazares and the City Commission"; and (2) placing a covert operative in his Congressional campaign organization, getting the operative "as highly placed as possible. ”

“ These crimes included: the infiltration and theft of documents from a number of prominent private, national, and world organizations, law firms, newspapers, and private citizens; the execution of smear campaigns and baseless law suits for the sole purpose of destroying private individuals who has attempted to exercise their First Amendment rights to freedom of expression; the framing of private citizens who had been critical of Scientology, including the forging of documents which led to the indictment of at least one innocent person ”

“ Newsweek , November 20, 1978 at 133: "The Church of Scientology relies on suits and petty harassment to register its complaints. In August, the Scientologists slapped a $1 million suit on the Los Angeles Times after it ran a series about the Church. The Times wasn't accused of libel; rather, the Scientologists claimed that the paper conspired with the FBI and Justice Department to violate the church's civil rights by poisoning the atmosphere before a trial" of the nine convicted co-defendants. ”

“ Indeed, they arrogantly placed themselves above the law meting out ther personal brand of punishment to those "guilty" of opposing their selfish aims.
32 The crimes committed by these defendants is of a breadth and scope previously unheard. No building, office, desk, or files was safe from their snooping and prying. No individual or organization was free from their despicable scheming and warped minds. The tools of their trade were miniature transmitters, lock picks, secret codes, forged credentials, and any other devices they found necessary to carry out their heinous schemes. ”

“ These defendants, their co-conspirators, their organization, and any other individual or group that might consider committing similar crimes, must be given a clear and convincing message: criminal activities of the types engaged in here shall not be tolerated by our society. ”

“ Courts have a duty to obtain as much information as they can about a convicted defendant's background, character, and conduct, criminal or otherwise, so that they can impose a sentence to fit the circumstances of the case and the individual defendant. See United States v. Grayson, 438 U.S. 41 (1978) ; 18 U.S.C. sec 3577 (1976) . Thus, hearsay assertions are admissible, Williams v. Oklahoma, 358 U.S. 576 (1959) , as is information about prior crimes committed by the defendant, even if the indictments for those crimes are pending, United States v. ”

“ As part of their criminal activities the defendants actively encouraged burglaries and thefts of documents from private law firms in Washington, D.C., and Los Angeles, California, that represented private organizations sued by Scientology, including the law firm of Arent, Fox, Kintner, Plotkin and Kahn, in D.C.
At least three burglaries were committed during the early months of 1976 at thge law offices of Arent, Fox, Kintner, Plotkin and Kahn, who then represented the St. Petersburg Times in a Scientology-initiated law suit. ”

“ The operation was delegated to the Northeast Information Bureau Secretary, with the directive to "Report to WW." (Exh. No 33, DGIWW log book pp. 72 and 73.) Also in 1976, the highest ranking Scientologists in the United States, including at least six of the co-defendants (Heldt, Snider, Weigand, Willardson, Hermann, and Raymond) , designed a series of plans in furtherance of the directives of co-defendants Kember and Budlong, which had as their goal Paulette Cooper's imprisonment or commitment to a mental institution. ”

“ See e.g.: Government Exhibit No. 2 at trial. Such behavior, we submit, cannot be tolerated in any civilized society.
The following is a sampling of a few of the directives and orders which show that the defendants continued their illegal activities beyond June 1976:
7 Additionally, based upon the correspondence between the defendant Jane Kember and Deputy Guardian U.S. Henning Heldt, there is no question but that the defendant Kember directed, encouraged, and personally monitored the Guardian's Office attempt to attack and destroy Assistant United States Attorney Nathan Dodell. ”

“ The defendants were successful in having their covert operative become the CBBB's representative to two CCHI meetings, one of which she was able to tape.
20 health organizations were infiltrated by covert operatives in Las Vegas and St. Lois. Indeed, the Assistant Guardian for Information in Las Vegas reported that "everything possible was done to collect this data, everything from infiltration to stealing to evesdropping, etc. ..." ”

“ Also included in that program were the infiltration of the Public Health Service, the Food and Drug Administration, and the Alchohol, Drug Abuse, and Mental Health Administration (ADAMHA) .
"Anti-Cult" Groups
The Los Angeles-seized documents set out a variety of actions instituted by the defendants and their organization against individuals and groups engaged in so-called "anticult" activities. In February 1977, Jane Kember promulgated Guardian Program Order 1017, entitled "ARM (Anti-Religion Movement) Clean Sweep" (Document No. 13724) , which had been approved by defendant Budlong. ”