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Budlong,
Mo (Morris) Deputy Guardian for Information World Wide. Responsible for day-to-day management of the GO's intelligence operations. Was extradited from the UK in 1980 along with Jane Kember (q.v.) to stand trial for offences related to Operation Snow White. Convicted and jailed.
UNITED STATES OF AMERICA :
v. : Criminal No. 78-401(2)&(3)
JANE KEMBER :
MORRIS BUDLONG
a/k/a MO BUDLONG :
SENTENCING MEMORANDUM OF THE UNITED STATES OF AMERICA
The United States of America respectfully submits this Sentencing Memorandum to aid the Court in imposing sentence in this case.
I.
Introduction
The defendants, Jane Kember and Morris Budlong, were each found guilty, following a jury trial, of nine counts of aiding and abetting burglary in the second degree. The evidence which led the jury to return these guilty verdicts revealed that during the years 1973 to 1976 the defendants ordered the commission of brazen, systematic and persistent burglaries of United States Government offices. Their purpose was to ransack these offices of all documents of interest to the organization which they led the Guardian's Office of the Church of Scientology in order to secure total exemption from taxation and to protect Scientology's founder, L. Ron Hubbard. In the process, from their headquarters in East Grinstead, England, they challenged and attempted to undermine the judicial and governmental structure of the United States. They did so by fraudulently using the Freedom of Information Act (FOIA) in a manner never intended by the Congress of the United States.
As this Court heard, these defendants set about filing FOIA requests with various Government agencies in order, inter alia, to cause these agencies to gather all the requested documents in a central repository for the review process mandated by the FOIA. Once the Guardian's Office discovered where these documents were located, they began a systematic pillaging of that office โ repeatedly
and surreptitiously breaking into that office, taking the documents, photocopying them with Government equipment and supplies, and replacing them in the Government files so that, in the words of defendant Budlong, these thefts would not be uncovered.
Notwithstanding the fact that they had obtained illegally all the documents they were seeking, they proceeded to file FOIA suits in the courts of this country, complaining that the particular Government agencies had not given them all the documents to which they were entitled. Thus, they perpetrated a fraud upon the American judicial system. They came into the American courts with unclean hands, seeking documents which they had already obtained by violating the laws of the United States. After abusing the trial courts, they proceeded to abuse the apellate courts never disclosing that they were engaged in litigation in bad faith, totally heedless of the waste of judicial resources involved. Such conduct, which strikes at the very heart of the judicial system, cannot be tolerated.
These defendants additionally ordered the theft of documents and memoranda of attorneys representing the United States Government, a party against whom they had instituted a variety of lawsuits. They did so to discover the attorney's legal strategy and gain an unfair strategic advantage in the courts. In effect, they violated the attorney-client privilege of every litigant who opposed them, a fact which they seek to obfuscate by complaining in bad faith, that their own attorney-client privileges were violated. Such conduct cannot be permitted in our judicial system.
Once their emissaries were caught in the midst of one of their criminal acts, the defendants orchestrated from England a massive obstruction of the due administration of justice. Such outrageous conduct, which, we submit, this Court can consider under standards recognized by the Supreme Court, strikes at the very heart of our judicial system โ a system which has often, at crucial times in our history, been the savior of our institutions.
Moreover, a review of the documents seized from the two Los Angeles, California, offices of the Guardian's Office including log books of messages from these two defendants show the incredible and sweeping nature of the criminal conduct of these defendants. Indeed, Guardian Program Order 158, and some of the other orders in evidence, have already provided the Court with a glimpse of this conduct. 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; and violation of the civil rights of prominent private citizens and public officials. These are but a few of the criminal acts of these two defendants which, we submit, give this court a glimpse of the heinous and vicious nature of their crimes.
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. This Court must make it clear beyond peradventure that the criminal conduct of these two defendants cannot be countenanced, and that anyone who sets about masterminding and executing the crimes of which they were convicted, uses and then tampers with the judicial
By December, Wolfe, Herman, and Meisner had sent a shipment of stolen documents 20 inches thick to Duke Snider. Snider, in turn, sent notification to Mo Budlong in Los Angeles. By the end of December, Wolfe was stealing documents from the IRS's Chief Counsel's office. Just days after Christmas, Wolfe broke into the office of Barbara Bird, an attorney in the IRS's Refund Litigation Service. Bird had been present at the November 1st meeting. Instead of stealing files, Wolfe took them to a copier and made photocopies using government paper.[26]
Later, Wolfe met Meisner at a restaurant, where he reported on his most recent theft. Meisner took the documents and underlined selections that he believed his superiors would find interesting or relevant and wrote a summary of the important points. This was then routed through the Assistant Guardian for DC and on to the Deputy Guardian for the US, the Deputy Guardian for Information in the US, the Branch I Director of the Information Bureau, and the Collections Officer, all of which were in Los Angeles. A copy was also sent to Mary Sue Hubbard. This was typically standard procedure for Meisner.[26]
In early 1975, Operation Snow White expanded again as Sharon Thomas found employment in the U.S. Coast Guard Intelligence Agency and Nancy Douglass began work at the Drug Enforcement Administration (DEA). Douglass stole documents and made photocopies of others. These were transmitted to Hermann.[27]
By spring, attention had been called back to the IRS case as Mary Sue Hubbard had instructed Kember and Heldt to "use any method at our disposal to win the battle and gain our non-profit (tax) status".[28] Heldt wrote back telling that her request had been sent to the Information Bureau, who had been ordered to complete the collection of documents from the IRS and the Department of Justice's tax files within three months.[29]
In April, Meisner procured a directory of the Department of Justice and located the offices that would have files pertaining to Scientology litigation. When he found what he wanted he sent in Wolfe, who broke into the offices of two attorneys on three successive Saturdays. Wolfe copied twelve files and met up with Meisner, as before, at a restaurant. These files were especially useful to Scientology, as it detailed the government's strategy in various court cases.
In May, Willardson directed Meisner to implement "Project Horn", which called for Meisner to "provide a cover for PR and legal for the way they obtained IRS docs". The idea would be for the GO's Public Relations Bureau to view the documents without worrying about being connected to the theft. Willardson's idea called for Meisner to steal documents dealing with organizations other than Scientology. Willardson also called for the theft of IRS stationery, in order to forge letters from a (fictional) disgruntled IRS employee. The files on various organizations (including Scientology, of course) would then be sent out attached to the fake letter. The idea was that it would appear that an upset IRS agent had himself sent the files to numerous organizations. There would be nothing to tie it to Scientology. Wolfe stole both the stationery and, without permission, files on the Unification Church and Bob Jones University.[30]
During the summer and fall months of 1975, the GO launched an additional plan. In July, Meisner was told by Cindy Raymond that the Church of Scientology had initiated a Freedom of Information Act (FOIA) lawsuit against the IRS. Meisner was directed to add the office of Charles Zuravin to his list of offices to monitor. Zuravin was representing the government in the case. Meisner immediately passed this duty on to Wolfe, who broke into Zuravin's office multiple times between July and November. Wolfe revealed to his superiors that Zuravin was preparing an index of Scientology files relevant to the FOIA case. IRS offices from all over the country were sending files to Zuravin. This index file, required by the courts in all FOIA cases, is a total list of the documents requested, and reasons for their exemption from the public, if any.[31]
By October, Zuravin had finished the index, numbering each document in order to simplify location, and had provided a copy to Scientology attorneys. These attorneys, in turn, gave the index to Raymond, who passed it along to Meisner, who passed it to Wolfe. Wolfe then entered Zuravin's office and then began copying the documents listed on the index. Zuravin had essentially done the GO's job for them.[31]
On December 5, 1975, Jane Kember issued Guardian Program Order 158, which intended to give L. Ron Hubbard early warning of impending legal action. The plan called for the infiltration of the government agencies that had either the power to issue, or the knowledge of, impending subpoenas.[32] Specific agencies include the US Attorney's Office in DC and LA, the IRS Office of International Operations, the DEA, and the Coast Guard and Immigration and Naturalization. After reviewing the letter, Meisner concluded it would be a better idea to infiltrate the Department of Justice than the US Attorney's Office.[33]
Meisner and Wolfe were given cover stories by the Guardian's Office.[10] On the last day of June, Gerald Wolfe was arrested. Wolfe was charged with "the use and possession of a forged official pass of the United States."[39] The day after Wolfe's arrest, Mary Sue Hubbard wrote a letter to Weigand ordering him to keep her abreast of the situation. Hubbard also conversed with Mo Budlong and Richard Weigand about Wolfe's arrest, cover story, and subsequent plan to destroy evidence linking Wolfe and Meisner to Scientology.[10]
At the end of July a judge decided that the case against Wolfe warranted an investigation by a grand jury. A week later the judge issued an arrest warrant for Meisner, who, at the time, was being hidden in LA. The FBI was able to connect him to Scientology.[40] By January 1977 it was becoming increasingly likely that Scientology would be unable to escape Operation Snow White without serious penalty. Though Meisner was still in hiding, he was growing increasingly anxious about the situation.[41] By April, Meisner wanted to surrender to the authorities. Meisner was quickly put under the control of several guards.[10]
On May 13, Gerald Wolfe entered a guilty plea.[42] Later in the month, Meisner escaped his captors, only to be convinced to rejoin the GO the following day.[42]
From 1964 to 1995, the Founding Church of Scientology in Washington, D.C.. The building was raided by the FBI in July 1977.
In June, Wolfe, after being sentenced to probation and community service, testified before the Grand Jury. Instead of the truth, Wolfe told the latest incarnation of his cover story.[10] Several days later Meisner would again escape his captors, though this time he would contact the FBI. Meisner was eventually taken to Washington, where he agreed to plead guilty to a five-year conspiracy felony and cooperate with the Grand Jury.[43]
On July 8, the FBI raided Church of Scientology locations in Los Angeles, Hollywood and Washington, DC.[17] The Los Angeles raid involved 156 FBI agents, the most that had ever been used in a single raid. It lasted 21 hours and filled a 16-ton truck with documents and other items.[8]
In August 1978, 11 high-ranking members of Scientology were indicted on 28 charges. One of the indicted was Mary Sue Hubbard, wife of Scientology's creator L. Ron Hubbard. The other ten were Gerald Wolfe, Cindy Raymond, Henning Heldt, Duke Snider, Gregory Willardson, Richard Weigand, Mitchell Herman, Sharon Thomas, Jane Kember, and Mo Budlong. Kendrick Moxon and L. Ron Hubbard were named unindicted co-conspirators.[54]
Over the course of the investigation, the Church of Scientology attempted to have a judge removed,[54] and subpoenaed almost 150 federal agents in what appeared to be a large stalling scheme.[55] The Church also offered several shifting explanations for their actions.[56][57] Ultimately, these tactics failed and the defendants agreed to a plea deal.
Seven of the 11 members of the Guardian's Office pleaded guilty to just a single count of conspiracy to obstruct justice. One more pleaded guilty to a similar charge and a ninth pleaded guilty to a misdemeanor. The Scientologists were allowed to argue for the suppression of the government's evidence. The remaining two Scientologists were in England, pending extradition.[58]
The Royal Courts of Justice, London, where Kember and Budlong's plea for political asylum was denied.
On December 6, 1979, some five years after Operation Snow White began, it officially came to an end. Five of the Scientologists were sentenced to four years in jail, with four of the convicted being taken immediately. Mary Sue Hubbard, wife of L. Ron Hubbard, was sentenced to five years. Each of the six faced a fine of $10,000.[59] The next day the four remaining Scientologists were sentenced. Three of the four faced a fine of $10,000 and five years in jail. The fourth was fined $1,000 and sent to jail for six months. Upon release Mary Sue Hubbard was given five years of probation and community service. All of the Scientologists immediately appealed[60] but the verdicts were confirmed.[61]
In November 1980, the two remaining Scientologists, Jane Kember and Mo Budlong, were finally convicted on nine counts of aiding and abetting burglary in connection with break-ins at government offices,[62] and were sentenced to six years.[63]
Kember and Budlong had claimed political asylum in the UK, arguing that they should not be extradited to the US because the burglaries had political objectives. Their application against extradition was denied by the British High Court on the grounds that it did not fall within the political offence exception to the Extradition Act 1870; Mr. Justice Griffiths said:[64]
I am unable to accept that organising burglaries either for the purpose of identifying persons in Government offices hostile to the Scientologists, or for the purpose of gaining an advantage in litigation, or even for the wider purpose of refuting false allegations thus enabling a better image of the Church of Scientology to be projected to the public, comes anywhere near being an offence of a political character within the meaning of the Extradition Act.
The Applicants did not order these burglaries to take place in order to challenge the political control or Government of the United States; they did so to further the interests of the Church of Scientology and its members, and in particular the interest of Ron L. Hubbard, the founder of Scientology. In my view, it would be ridiculous to regard the Applicants as political refugees seeking asylum in this country, and I reject the submission that these were offences of a political character.
Involved parties
Mary Sue Hubbard, Cindy Raymond, Gerald Bennett Wolfe, Henning Heldt, Duke Snider, Gregory Willardson, Richard Weigand, Mitchell Herman, Sharon Thomas, Jane Kember, and Mo Budlong, all high-ranking Scientologists, were convicted; prison sentences were as long as six years, though no defendant served that amount. L. Ron Hubbard was named by federal prosecutors as an "unindicted co-conspirator" and went into hiding for the rest of his life.[8][15]
https://en.wikisource.org/wiki/United_States_of_America_v._Jane_Kember,_Morris_Budlong,_Sentencing_Memorandum
Every one of the other defendants previously convicted after a non-jury trial based on an uncontested stipulation of evidence, with the exception of Mary Sue Hubbard, were below them in the hierarchy of the Guardian's Office and carried out the orders of these two defendants. Seven of the other eight defendants subordinate to Kember and Budlong were convicted of one felony count carrying a maximum term of incarceration of five years in prison and a $10,000 fine. In December, 1979, five of them received sentences of four years incarceration and $10,000 fines; the other two received sentences of five years in prison and $10,000 fines.
The defendants Kember and Budlong, on the other hand, were each found guilty following a five-week jury trial, of nine counts of burglary in the second degree โ felonies each carrying terms of incareration of "not less than two years nor mor than fifteen years." 22 D.C. Code sec. 1801(b). We submit that the sentences this Court will impose upon the defendants Kember and Budlong must be both commensurate with their role in the crimes of which they were convicted as well as with the sentences imposed upon their previously convicted co-defendants.
Prior to assuming her position as Guardian World-Wide in the late 1960s, the defendant Kember served as the Deputy Guardian for Intelligence (later renamed Information) World-Wide a position assumed about 1967 by her loyal and hard working deputy and now co-defendant Morris Budlong. Thus, both defendants Kember and Budlong are long-standing, committed and dedicated high officials of the Guardian's Office. It was unchallenged at their trial that these two defendants took a leading role in every endeavor of the Guardian's Office. They drafted, reviewed and issued every order which commanded the commission of criminal acts. They demanded total and absolute loyalty and obedience from their subordinates, awarded them when they obtained it, punished them when they did not. They demanded to be kept informed of every move made by their underlings through an elaborate system of weekly reports and emergency telex messages when the need arose.
(Exh. No. 44 hereto), which was proposed by co-defendant Cindy Raymond, approved by Morris Budlong, and issued by Jane Kember, had the following over all "Plan: To penetrate the UN [United Nations] and establish lines for feedback data so that we can predict and handle anything that may stop he acceptance of our submissions to the U.N." Later documents indicate Scientology recruited an FSM to apply for a job as a security guard at the U.N.
F. Other Federal Government Agencies and the United Nations
Among other direct orders issued by Jane Kember calling for illegal operations against other Government agencies and international organizations, to be carried out by Mo Budlong and his Information Bureau, are the following:
Guardian Order 1344, issued October 10, 1974 (Exh. No. 43 hereto), called for penetration of and theft of documents from the 11th District Coast Guard Intelligence and the national Headquarters of Coast Guard Intelligence, Washington, D.C. The program was carried out by, inter alia, the placement of co-defendant Sharon Thomas as Scientology's covert operative at the Coast Guard (prior to her employment at the Department of Justice). Duke Snider makes the following cryptic notation on the cover sheet of the G.O.: "Jane also telexed and mentioned that the BI targets are to be done and not just left up in the air." (Exh. No. 43).
1976, it was reported that keys to the Attorney General's office had been obtained. (Document No. 1318 at 2.) Co-defendant Weigand also outlined for the benefit of defendant Budlong the progress of GO 1080, appending excerpted stolen data prepared by defendant Raymond. (Document No. 1323; See also Document No. 1336 โ a similar letter from defendant Willardson to defendant Kember, routed through defendants Held, Weigand, and Budlong).
agent. In Clearwater, Ms. Byrne infiltrated the Clearwater Sun and provided Scientology almost daily reports on the activities of that newspaper, all of which were forwarded to defendants Kember and Budlong (See e.g., Documents Nos. 17988, 17991, 17995, 17996, 18006 which cover less than a two-week period.) She remained as Scientology's covert operative at the Sun until late 1976 when she was withdrawn out of fear that her cover had blown.
E. State and Local Government Agencies
Numerous state and local Government agencies throughout the United State were targeted for infiltration by the defendants and the Guardian's Office. These infiltrations and thefts were called for by two programs promulgated by Jane Kember โ Guardian Program Order 302, which was also approved by defendant Budlong, and Guardian Order 1080. Guardian Program 302, Government Exhibit 67 at trial, ordered the infiltration of all Governmental agencies that refused to acquiesce to Scientology's demand for access to their files. 10/
On March 14, 1976, Thomas offered to show Mayor Cazares the town. During that drive, Thomas, who was driving, staged her fake hit-and-run accident in Rock Creek Park, hitting Michael Meisner. She drove on without reporting the accident to the police. Of course, Thomas knew that no harm had been caused to the "victim." (Exhibit No. 39 hereto). In a report dated March 15, 1976, to defendant Morris Budlong, Weigand apprised Budlong of the incident and discussed how Scientology could use that "fake" accident against Mayor Cazares and concluded that "I should think that the Mayor's political days are at an end." (Id. at 2.)
watergapes leaks indeed
watergapes leaks indeed>>10375524
6/ In addition to Kember's specific directive that Cooper be "handled," Mo Budlong and the other World-Wide supervisors were under standing orders to see to it that all attacks on Scientology occurring anywhere in the world were "reported and handled properly, [or] both CSG [Mary Sue Hubbard] and I will have your heads for breakfast. โฆ love Jane." Order of Jane Kember contained in Information Bureau Hat Pack, volume I, Exh. No. 37 hereto (emphasis added).
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. Defendants Kember and Budlong were regularly kept informed of the results. In February and March 1976 three entries were made into the office of Jack Bray and his secretary at the above-mentioned law firm, the first one by Richard Kimmel, the acting Assistant Guardian for Information in the District of Columbia, and the second one by Kimmel and Michael Meisner. On each occasion, documents outlining the law firm's strategy in defending the law suit brought agains the St. Petersburg Times were taken. See Exhibit No. 31 hereto, a telex from defendant Duke Snider to the World-Wide Guardian's Office, dated 13 February 1976, setting out information obtained by Kimmel from Mr. Bray's office.
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. That
21
Guardian Order called for the placement of "covert agents" for "data collection lines" with anti-cult groups. ( Id. at 1.)
Co-Defendant Sharon Thomas was recruited as a covert operative in 1973 in the District of Columbia by co-defendant Snider, the Assistant Guardian. She was later assigned to infiltrate the American Psychiatric Association (APA). Beginning in January 1974, co-defendant Hermann supervised co-defendant Thomas' APA thefts. While in the APA, co-defendant Thomas stole documents regarding Scientology as well as confidential files of the APA's Ethics Committee concerning complaints against psychiatrists. (Document Nos. 8804 and 8805.) These stolen documents were sent to defendant Budlong.
Moreover, Guardian Program Order 1238 (Exhibit No. 30 hereto), issued by the defendant Kember and approved by the defendant Budlong, has as its "major target":
The infiltration of the Council of Better Business Bureaus (CBBB) began on December 4, 1972, with the placement of Sherry Canavaro (later Sherry Hermann, a/k/a Sandy Cooper) as a covert agent within that organization. {5} (Document No. 16727.) Defendants Kember and Budlong were informed of Scientolgy's covert operations within the CBBB and prospects that the covert agent might become the CBBB's representative to the CCHI (Coordinating Conference on Health Information). (Exhibit No. 28 hereto). 5/
Mental Health Organizations
Guardian Order 121569 MSH (1) issued on December 15, 1969, directed the infiltration of all mental health organizations both nationally and world-wide. Exhibit No. 29 hereto. This Guardian Order was carried out on a number of fronts by operatives of the Information Bureau headed by defendant Budlong. Thus local mental
GWW Log, p. 101, Exh. No. 27 hereto. Likewise, on October 7, 1975, defendant Budlong telexed Weigand, DGIUS:
Dick, Sore Throat is an Intelligence matter. Nothing in your data indicates a situation requiring other Bureau assistance. Send full data on the scene before you hand Sore Throat matter over to anyone else. Love, Mo
In the Spring of 1975, Mr. Meisner received an order to covertly leak to the press the numerous AMA documents which had been obtained in the District of Columbia and Chicago. That action was intended to provoke investigations of the AMA's tax exempt status by Congressional Committees, the IRS, and the Federal Trade Commission. Pursuant to these directives, Mr. Meisner was to anonymously contact reporters and send them copies of these stolen documents. Newspapers subsequently referred to that anonymous source as "Sore Throat".
Defendants Kember and Budlong were kept constantly apprised of the operations concerning the AMA, and indeed encouraged these activities. Thus, for example, on October 16, 1975, Jane Kember told Henning Heldt, in response to a report of his on Octover 7, 1975: "AMA: SORE THROAT โฆ Let me know how this goes." GWW Log, p. 101, Exh. No 27 hereto. And again on October 21, 1975, defendant Kember telexed to Heldt the cover story to be used by AMA infiltrators, if caught:
Henning Re: Sore Throat โฆ David [Gaiman -
_______
4/ See Exh. No. 25 hereto, which contains much correspondence among co-defendants Heldt, Weigand and Raymond, with copies sent to defendants Kember and Budlong, concerning the use of Ms. Byrne as a covert operative at the Clearwater Sun newspaper, following her detection by AMA investigators in 1975. At page 4, co-defendant Heldt writes: "P.S. We must get this reported to WW." At page nineteen, co-defendant Raymond stated that June Byrne had been blown as a Scientology agent at the Clearwater Sun. She added "that there is a chain of events leading up to the base blown agents which starts in late 1974 when June (The CWSUN FSM) was placed in (continued on next page)
It is the two defendants before the Court for sentencing who, along with their already convicted and sentenced cohort, Mary Sue Hubbard, bear the greatest degree of responsibility for the massive conspiracy to obstruct justice which they jointly directed. While the others already convicted of that offense (Henning Heldt, Dike Snider, Gregory Willardson, Richard Weigand, Cindy Raymond, and Gerald Bennett Wolfe) indeed deserved the punishment they received, they acted under direct orders of Jane Kember and Morris Budlong, a factor appropriate for consideration by this Court in assessing the relative severity of the sentences that the defendants Kember and Budlong should receive.
June 7, 1977
(Exh. 23 hereto) Letter (CSW) from DGIUS to Mo Budlong containing handwritten approval by Budlong: DGIUS proposes a slight change in the cover story to be used by Meisner when he turns himself in after a year as a fugitive. He is to claim that he found out he was wanted by calling his wife, instead of by calling Wolfe, as was originally the story. Mo approves the change in the cover story on June 15, 1977, writing: "This change is fine. Love, Mo B"
June 22, 1977
(Exh. No. 24 hereto) To Mo Budlong, cc: to Jane Kember, from Cindy Raymond: Mo (and Jane) are informed attached) that Meisner has escaped and the B-I is developing programs, inter alia, to provide a cover for "his turning."
(Exh. No. 22 hereto) To Mo Budlong from DGIUS, Dick Weigand: "โฆ The guards stayed with [Meisner] and are with him now.
"Then on Saturday and Sunday I had people continue to look for a better place to take him. Sunday a place was found and Brian and the guards tried to move him. He refused and said he would pull in all sorts of trouble if we tried to get him out the door. He was physically removed from the building, and taken to the new place where he is still under constant watch. His auditing will hopefully be started today as the auditor is getting handled today โฆ"
May 3, 1977
(Exh. No. 21 hereto) To Mo Budlong from DGIUS, Dick Weigand and Greg Willardson, DDGIUS; reports on handling of Meisner due to his lack of cooperation: "We went back to BI and organized a crew of guys to handle the worst eventualities
January 24, 1977
(Exh. No. 20 hereto) In reply to the above, Dick Weigand telexes Mo Budlong: "Re: Silver [Wolfe]. Reply to your Q's: (A) If Silver pleads guilty, matter should not go to Grand Jury. This needs to be verified by Legal. (B) Grand Jury is for Silver. (C) Story for following: United States Attorney's Office District of Columbia has theory that Silver and Herb [Meisner] after documents for Church. They want to determine what Silver was up to and will drop charges if they determine theory not true. A meeting with them was set up at their request to go over this. Silver story for meeting. Purpose twofold: to provide time for legal to research and to see if U.S. Attorney's Office can be convinced to drop charges. Silver attorney predicts Silver will be charged with impersonation and forgery of I.D. and trespass. Silver has acknowledged doing this. Difficulties would come if he were also charged with conspiracy and Grand Jury was used to try to develop this charge aimed at Church. (D) Murphy [Meisner] story would be needed for same sit. โฆ
January 24, 1977
(Exh. No. 19 hereto) In reply to the above, Mo Budlong sends telex to Dick Weigand, DGIUS: "Target 4 on my copy is to brief Silver on story. This is OK but DGLWW requires more data on grand jury's powers and has asked DGIUS for same [A] If Silver [Wolfe] states that he will plead guilty will Grand Jury proceed? [B] Is Grand Jury going for indictment on Silver or Murphy? [C] If Silver is to plead guilty, why does he need a story? [D] Also per plan, if Murphy [Meisner] is to plead guilty, why does he need a story? Surely sequence is he is arrested, goes to trial, pleads guilty and is sentenced. Much love, MO."
January 24, 1977
(Exh. No. 18 hereto) Telex to Mo Budlong from Dick Weigand, DGIUS: "Re: Silver [Wolfe]: Justice going for Grand Jury on Silver matter this month. Also Justice wants to talk with Silver. Plan is to stall Grand Jury by Silver promise of talking in end of January. Handling is to get Silver briefed and drilled at US by BI and Legal to give Justice admission of guilt and back-up story if needed from Herbert [Meisner]. Pjt currently at WW, specifically Tgt. 4. Need your ok on use of Tgt. 4 to proceed.
December 1, 1976
(Exh. No. 17 hereto) To Mo Budlong, cc: to Jane Kember, from Mitchell Hermman: Sets out details on how the obstruction of justice is being handled in the United States Guardian's Office. Concludes by telling Mo Budlong that the overall cover story for Meisner and Wolfe is being prepared for his final approval.
November 2, 1976
(Exh. No. 16 hereto) Mo Budlong sends telex to Greg Willardson, DDGIUS, criticising the Information Bureau for handling the obstruction of justice by itself without help from the Legal Bureau. Concludes: "Rectify this immediately. BI handles security and keeps M [Meisner] and Silver [Wolfe] cheered up. Legal handles the cases and Legal handling. You will wrap all of BI round a telegraph pole if you continue this way. Send full explanation by telex, Love, Mo."
September 28, 1976
(Exh. No. 15 hereto) from Mo Budlong to Dick Weigand, DGIUS, cc: to Jane Kember: Sets forth plan for harboring Meisner as a fugitive (change his identity, go into hiding) and obstructing justice by having Wolfe plead guilty, giving no details of the reason for being in the courthouse. Concludes: "If any of the above is not clear, please ask immediately as I don't want any confusion on what has to be done."
report which actually answers these questions โฆ "].
B. As to Morris Budlong, the seized documents clearly show that every detail of the cover-up had to receive his specific approval. For example:
The Obstruction of Justice
The seized documents demonstrate beyond peradventure that the two defendants before the Court for sentencing, Jane Kember and Morris Budlong, from their secure haven in East Grinstead, England, orchestrated a massive cover-up, obstructing the administration of justice in the United States. They suppressed and fabricated evidence go be presented to investigating authorities and the grand jury in order to insulate themselves and Scientology from liability for the crimes which they had ordered and committed, including the nine burglaries of which they now stand convicted. In doing so, they committed crimes ranging from harboring a fugitive to suborning perjury. Not only did they commit these crimes against the American judicial system, but they did so with impunity. Examples from a few of the seized documents provide a flavor of the brazenness and singlemindedness with which these two defendants set about obstructing the American judicial system. We submit that this Court not only can, but indeed should, consider this evidence in assessing the culpability of these defendants and the likelihood of their rehabilitation, or lack of such likelihood.
1/ While Kember and Budlong claim that the burglaries were carried out solely to remove "false reports" from Government files, the documents show otherwise. In fact, one of the programs of the Guardian's Office called for the deliberate planting of false reports in Government files. In a World Wide project issued 16 September 1975 by (continued on next page)
3 June 1977
(Gov't Exh. No 112) (Exh. No. 4 hereto) U.S. Secretary W.W. Hermann Brendel in a communication sent to defendants Kember and Budlong also lists priorities for B 1 U.S., including obtaining all U.S. Government files, and U.S. District Attorney, Los Angeles, files. It lists various operations against private individuals and organizations and state agencies including getting: (1) Susan Monday "checked out;" (2) "Time-Life Books discredited."
27 May 1977
(Gov't Exh. No. 111) (Exh. No. 3 hereto) Defendant Jane Kember reissues Guardian Program Order 158 as GPgmO 158 R (Reissue). While tracking the previous order of 5 December 1975 it refines and changes some of the targets. Defendant Budlong's title appears immediately before Kember's name at the end of the order, indicating he approved the order.
Although in the end nobody was indicted for the harassment of Cooper, the wider campaign of criminal activity was successfully prosecuted by the United States Government. Mary Sue Hubbard, Jane Kember, Henning Heldt, Morris Budlong, Duke Snider, Dick Weigand, Greg Willardson, Mitchell Hermann and Cindy Raymond were indicted by a federal grand jury on charges of theft, burglary, conspiracy, and other crimes. With the exception of Kember and Budlong, the defendants agreed to uncontested stipulation of the evidence.[15] Kember and Budlong were convicted separately after being extradited from the United Kingdom. All of the defendants were imprisoned, serving up to four years in jail. Coincidentally, they were tried, convicted and sentenced in the same courthouse that their agents had been caught robbing.[5]
The Church of Scientology filed at least 19 lawsuits against Cooper throughout the 1970s and 1980s, which Cooper considered part of "a typical Scientology dirty-tricks campaign" and which Cooper's attorney Michael Flynn said was motivated by L. Ron Hubbard's declaration that the purpose of a lawsuit was to "harass and discourage".[16][17] Cooper discontinued her legal actions against Scientology in 1985 after receiving an out-of-court settlement.[18]
United States v. Hubbard was a 1978 criminal court case charging Mary Sue Hubbard and several other members of the Church of Scientology with violations of various laws including:
U.S.C. 18 ยงยง 2 (Aiding and Abetting), 371 (Conspiracy), 641 (Theft of Govt Property), 1503 (Obstruction of Justice), 1623 (False Declarations before a Grand Jury), and 2511(1)(a) (Interception of Oral Communication). Also included was 22 D.C. Code ยงยง 105, 1801(b) (Burglary, Aiding and Abetting).[1]
All eleven defendants were found guilty and sentenced to both fines and imprisonment.
Defendants
List from Grand Jury document.[1]
Mary Sue Hubbard
Jane Kember
Morris Budlong
Henning Heldt
Duke Snider
Gregory Willardson
Richard Weigand
Mitchell Hermann aka Mike Cooper
Cindy Raymond
Gerald Bennett Wolfe
Sharon Thomas
A series of sentencing orders dated Dec 11 1979 show some of the results of the trial.[2]
Defendant Charge Prison time Fine
Morris Budlong Burglary, Aiding and Abetting 2โ6 years
Henning Heldt Conspiracy 4 years $10,000
Mitchell Hermann Conspiracy 4 years $10,000
Jane Kember Burglary, Aiding and Abetting 2โ6 years
Cindy Raymond Conspiracy 5 years $10,000
Mary Sue Hubbard Conspiracy 5 years $10,000
Duke Snider Conspiracy 4 years $10,000
Sharon Thomas Theft of Government Property 1 year (6 months served)
5 years probation $1,000
Richard Weigand Conspiracy 4 years $10,000
Gregory Willardson Conspiracy 4 years $10,000
Gerald Bennett Wolfe Conspiracy 5 years $10,000
>Morris Budlong Burglary, Aiding and Abetting 2โ6 years
However, in 1977, top officials of Scientology's "Guardian's Office," an internal security force run by Hubbard's wife, Mary Sue Hubbard, did admit that fair game was policy in the GO. (Us vs Kember, Budlong Sentencing Memorandum - Undated, 1981).
In separate cases in 1979 and 1984, attorneys for Scientology argued that the Fair Game policy was in fact a core belief of Scientology and as such deserved protection as religious expression.[16]
"Dead agenting"
In the 1970s, Hubbard continued to codify the policy of "attacking the attacker" and assigned a term to it that is used frequently within Scientology: "dead agenting." Used as a verb, "dead agenting" is described by Hubbard as a technique for countering negative accusations against Scientology by diverting the critical statements and making counter-accusations against the accuser (in other words, "attack the attacker"). Hubbard defined the PR (public relations) policy on "dead agenting" in a 1974 bulletin:
>policy on "dead agenting"
The technique of proving utterances false is called "DEAD AGENTING". It's in the first book of Chinese espionage. When the enemy agent gives false data, those who believed him but now find it false kill him - or at least cease to believe him. So the PR slang for it is 'Dead Agenting.'"
โL. Ron Hubbard, Board Policy Letter, PR Series 24: Handling Hostile Contacts/Dead Agenting, May 30, 1974.
RELIGIOUS NIPPLE SHOCKING INTENSIFIES
On January 4, 1963, more than one hundred E-meters were seized by US marshals at the "Founding Church of Scientology" building, now known as the L. Ron Hubbard House, located in Washington, D.C. The church was accused of making false claims that the devices effectively treated some 70 percent of all physical and mental illness. The FDA also charged that the devices did not bear adequate directions for treating the conditions for which they were recommended.[22][23]
John A. Shorter Jr. Edit
70 yrs. old attorney b:7-11-28 d:1-6-99 cancer (disbarred in mid '80s for failing to pay taxes for 11yr, released '89) began practice again '92. '96 faced a contempt-of-court charge. (Washington Post 1-9-99 by Louie Estrada) Operation Snow White- defendants (Jane Kember, Morris Budlong)
In 1977, top officials of Scientology's "Guardian's Office", an internal security force run by Hubbard's wife, Mary Sue Hubbard, admitted that fair game was policy in the GO. (U.S. v. Kember, Budlong Sentencing Memorandum - Undated, 1981).
According to a book by Omar Garrison, HCOPL March 7, 1969, was created under pressure by the government of New Zealand. Garrison quotes from the HCOPL, "We are going in the direction of mild ethics and involvement with the Society". Garrison then states, "It was partly on the basis of these policy reforms that the New Zealand Commission of Inquiry recommended that no legislative action be taken against Scientology".[15] The source of Omar Garrison for this is most likely the Dumbleton-Powles Report, additional data and quotations are found in this report.[16]