On November 21, 1973, Jane Kember, the Guardian World-Wide (Guardian W/W) wrote a letter to the Temporary Deputy Guardian U.S. (T/D/Guardian US) Henning Heldt “Re Interpol Washington.” (See Government Exhibit No. 26 at page 3, et seq.) In that handwritten letter, she informed the defendant Henning Heldt that the Guardian’s Office has “some documents, illegally obtained, that indicate Interpol Washington was in touch with Interpol Paris, London, Melbourne, Ottawa and Lomba Malawi.” (Emphasis added.) She added at page two of that letter that “we now know that Washington D.C. has police files on LRH, and if the reference is correct, Interpol Washington has a file on LRH as well.” She then directed that “[I]t is important that we get cracking and obtain these files and I leave you to work out how.” Attached to that letter were a number of Interpol documents.

In his three and one half years as an official of the Guardian’s Office, including serving as the highest official of the Information Bureau in the District of Columbia and the national Secretary of the Information Bureau in the United States, Mr. Meisner met and exchanged communications with Ms. Kember. He has also seen numerous communications from her to other Guardian’s Office officials. Based on that experience, Mr. Meisner became familiar with her handwriting. He recognizes the handwriting in the above-mentioned letter as that of Jane Kember. Mr. Meisner also recognizes the routing in the upper left-hand corner, or page three to be in accordance with the required routing procedures of the Guardians Office. [7]

Government Exhibit No. 2, pages one and two, is a letter signed “Henning” addressed to “Dear Dick” dated 29 April 1975, referring specifically to the November 21, 1973 order of Jane Kember which, the letter indicated, was attached to it. The letter concluded “while Legal is doing FOI [Freedom of Information Act] actions to obtain these (documents), please have B-1 [Information Bureau-Bureau 1] obtain them (the Legal route is at best lengthy.)” According to the routing portion located on the upper left hand corner of the document the letter was sent by the Deputy Guardian U.S. (DG US) , the defendant Henning Heldt, to the DC Info US, the defendant Richard Weigand. Next to the abbreviation “DG Info US” are the initials “DW” of the defendant Richard [Dick] Weigand. Mr. Meisner identifies the signature and handwritten entry on page two of Government Exhibit No. 2 as the handwriting of the defendant Henning Heldt. The Government’s handwriting analysis expert, Mr. James Miller, positively concludes that both the signature and the three-line handwritten note on page two of that document is in the handwriting of the defendant Heldt.

In July 1974 the defendant Duke Snider, who was at the time Deputy Guardian for Information in the United States, sent a written order to Michael Meisner, the Assistant Guardian for Information in the District of Columbia. That order referred to Jane Kember’s outstanding order to obtain Interpol files regarding Scientology from District of Columbia Interpol offices. The Snider order directed Mr. Meisner to prepare a “project” to obtain all these Interpol files. Pursuant to that directive, Mr. Geiser, drafted such a “project” and sent it to the defendant Snider in Los Angeles for laws approval. The “project” called for the infiltration of the Interpol National Central Bureau for the United States, then located in the United States Department of the Treasury main building in Washington, D.C., in order to obtain all files regarding, or, referring to, Scientology and its founder L. Ron Hubbard The defendant Snider acknowledged the receipt of that “project,” and by return mail approved its issuance. Mr. Meisner thereafter assigned the “project” to the defendant Mitchell Hermann, who was then Branch I Director in the District of Columbia Information Bureau. The Interpol files required to be obtained by Ms. Kember’s outstanding order of November 21, 1973 (Government Exhibit No. 2) and Mr. Snider’s order of July 1974, were not taken, however, until the burglaries of the office of Assistant United States Attorney Nathan Dodell in the United States Courthouse for the District of Columbia in May 1976. In a 2 May 1975 letter to Henning Heldt, the DG US, appearing on the last page of Government Exhibit No. 2, the defendant Richard Weigand stated that as of that date the order requiring the obtaining of the “IP” [Interpol] DC files hasn’t begun yet”. Mr. Meisner identifies the signature “Dick” as having been made by the defendant Weigand.

A. The Order to Infiltrate the Internal Revenue Service in Washington, D.C.

In the late summer of 1974, the defendant Cindy Raymond, who then held the position of Collections Officer in the US Information Bureau in Los Angeles, California, sent a directive to Michael Meisner ordering him to recruit a loyal Scientologist to be placed as a covert agent at Internal Revenue Service in Washington, D.C. That covert operative was to obtain employment with the Internal Revenue Service for the purpose of taking from that agency all documents which dealt with Scientology, including those concerning pending litigation initiated by Scientology against the United States Government. Mr. Meisner discussed the recruiting of that covert operative with the defendant Raymond on at least a weekly basis for three to four weeks. [8] As a result of the directive which he received from Ms. Raymond and the discussions with her, Mr. Meisner and the defendant Mitchell Hermann proceeded to interview Scientologists as prospective agents for the IRS infiltration. The efforts of Messrs. Meisner and Hermann proved futile however, and the defendants Raymond in September, 1974 informed Mr. Meisner that she had selected defendant Gerald Bennett Wolfe to infiltrate the IRS on behalf of the Church of Scientology. Mr. Wolfe arrived in the District of Columbia in October 1974, and eventually obtained employment at the IRS on November 18, 1974, as a clerk typist.

Government Exhibit Nos. 3 [9] and 4 [10] are virtually identical copies of Guardian Order 1361 issued 21 October 1974. Mr. Meisner and Ms. Hirsch state that the document in question was issued by the Guardian World-Wide Jane Kember in accordance with required Guardian Office procedure for the issuance of Guardian Orders. [11] Ms. Hirsch identifies the initials which appear at the lower, left-hand of page ten on each exhibit as those of Lexie Ramirez (Ms. Kember’s secretary at the time). Furthermore, Mr. Meisner states that certain targets (target number 10, 16 and 17 located at page nine of Government Exhibit Nos. 3 and 4), were specifically assigned to him to carry out in the District of Columbia.

These targets were as follows:

10. Immediately get an agent into DC IRS to obtain files on LRH. Scientology, etc. in the Chief Council’s [sic] office, the Special Services staff, the intelligence division, Audit Division, and any other areas.

16. Collect data on the Justice Dept. Tax Division for the org board, the current terminals, and the people handling Scientology.

17. When the correct areas are isolated, infiltrate and get the files.

The entry at the end of each target, and connected to it by a straight line, refers to the bureau and official whose task it is to achieve that particular target. Guardian Order 1361 (generally known as GO 1361) also called for the placing of “an agent, trustworthy and well grooved in, to infiltrate the IRS LA office” (target 2). That “agent” was “to obtain any files on LRH, Scientology”, etc. from both the Intelligence Division (target 3) and the Audit Division (target 4) of the Los Angeles IRS Office. It also called for the location (target 20) and infiltration (target 22) of the IRS London Office in order to “obtain all documents” (target 22). [12] Guardian Order 1361 directed that once documents had been obtained clandestinely, the designated bureau and official would create “suitable cover” to disguise the manner in which “the data was obtained” so that they may be released to “PR [Public Relations] for dead agenting,” that is, for possible use in impeaching those perceived as enemies of Scientology.

The defendant Cindy Raymond repeatedly discussed GO 1361 and its various targets with Mr. Meisner over a period of two years. Indeed, defendants Henning Heldt, Duke Snider, Richard Weigand, Gregory Willardson, Mitchell Hermann, and Gerald Bennett Wolfe also discussed on many occasions with Mr. Meisner the actual implementation of GO 1361. in the District of Columbia. These conversations occurred both in person, in writing and by telephone. Those in person took place in Washington, D.C., and Los Angeles, California, and are discussed at length infra. At all times these seven defendants expressed their agreement with, and total understanding of, the targets within GO 1361, a number of which involved the infiltration of Government offices and the theft of government documents and photocopies thereof as called for by targets 10, 16 and 17.

B. The Bugging of the IRS Chief Counsel's Conference Room on November 1, 1974

A few days before November 1, 1974, Don Alverzo, who held the position or Deputy Information Branch I Director US telephoned Mr. Meisner from Los Angeles, California, to inform him that he was coming to the District of Columbia to place an electronic bugging device in the Chief Counsel’s conference room at the Internal Revenue Service where a major meeting concerning Scientology was to be held. On October 30, 1974, Mr. Meisner met Mr. Alverzo at the Guardian’s Office located at 2125 S Street, Northwest, in the District of Columbia. Also present at this meeting were the defendants Mitchell Hermann and Bruce Ullman who held the position of Information Branch II Director in the District of Columbia. Alverzo showed Meisner the bugging device which he had brought with him from Los Angeles. One of the items Alverzo had was a multiple electric outlet containing a transmitting device. In the late afternoon of October 30 Mr. Meisner and the defendant Mitchell Hermann entered the main IRS building located at 1111 Constitution Avenue, northwest, for the purpose of locating the conference room of the Chief Counsel’s office where the meeting was to be held on November 1, 1974 [13]

On November 1, 1974, because of other pressing business Mr. Meisner did not accompany Mr. Alverzo during the IRS bugging. However, on the evening of November 1, 1974 subsequent to the IRS conference, Meisner met with the defendant Mitchell Hermann who described to him what had taken place. The defendant Hermann told Mr. Meisner that he had entered the main IRS building on the morning of November 1, 1974, gone to the conference room, where the meeting was to be held and placed the bugging device in a wall socket in that room. The room was located on the fourth floor of the Internal Revenue Service main building in Washington D.C. and faced the driveway of the Smithsonian Institution Museum of History and Technology on Constitution Avenue Northwest. [14]  Thereafter, Hermann left the building and waited in a car in the driveway of the museum with Don Alverzo and Carla Moxon (the Assistant Guardian Communicator (Secretary) in the District of Columbia) and overheard and taped the entire meeting over the FM radio of the car. Following the conclusion of the meeting, the defendant Hermann reentered the IRS building, removed the bugging equipment from the conference room and took various papers, including the agenda for the meeting, which had been left by the participants. He showed these items to Mr. Meisner. Soon afterwards Alverzo returned to Los Angeles. He took with him the bugging device, and the tape recording of the meeting. [15]

Government Exhibit No. 5 [16] is a November 1, 1974 letter, entitled “Re: IRS Top Planning Session,” from the defendant Duke Snider who was then, as reflected by the routing on the upper left hand side of the first page, the DG Info US. to Mo Budlong, the DG Info World-Wide. The letter is sent via a number of other individuals. A copy was also sent, according to the routing on the upper portion of the first page, to CSG, the defendant Mary Sue Hubbard. Mr. Meisner states that the routing conforms to the standard routing requirements of the Guardian Office and indicates that it was sent by the defendant Snider to Mr. Budlong. Handwriting expert, James Miller, concludes that it is probable that the handwritten notations “Top Planning Session” in the title of the letter and the one on the second page or the document are in the handwriting of the defendant Duke Snider. Mr. Meisner himself recognizes that handwriting to be that of the defendant Duke Snider.

The letter stated that “[t]oday we gained access to the top level IRS planning conference on what to do about Scientology. This was done electronically so we don’t know exactly who was present but we have a fair estimate. Legal had told us several weeks ago that there was to be a big IRS Pow Wow on what to do about us on 1 Nov. . . . ” The letter further stated that the meeting was held in IRS Chief Counsel’s conference room and that the participants discussed some of the matters which were taken up at the meeting. In the letter, the defendant Snider stated that he “will probably be able to got more data as to who attended when our missionaire [17] gets back from DC. All the data we have at present came by phone.”

Government Exhibits Nos. 6 and 187 are coded transcripts of the bugged IRS meeting of November 1, 1974. Government Exhibit No. 6 is a summary of the meeting. Mr. Meisner identifies Government Exhibit No. 6 by the routing in the upper left-hand and right-hand sides of the first page. As reflected in its routing, it was sent by the then DG Info US, the defendant Snider, to the DG Info World-Wide, Mo Budlong, via. the DG US, the defendant Henning Heldt and the Guardian World-Wide, Jane Kember, with a copy to CSG, the defendant Mary Sue Hubbard. Government Exhibit Nos. 7A and 7B are code Jade. The handwritten entries on page two of Government Exhibit No. 7B, indicated that this was a code which is to be used for correspondence between the United States Office and the World-Wide Guardian’s Office among others. Code Jade was not to be used with “outer-orgs” meaning local Guardian’s Offices. Government Exhibits Nos. 6, 7 and 187 were seized on July 8, 1977, in Los Angeles, California, by Federal Bureau of Investigation Special Agent Eusebio Benavidez pursuant to the Court-authorized search warrant described in footnote six, supra, from a file cabinet in the office of Gregory Willardson in the Cedars Complex.

Federal Bureau of Investigation Special Agent Arthur R. Eberhardt, a Federal Bureau of Investigation cryptanalyst examined Government Exhibits Nos. 6 and 187 and concludes that they were coded texts each utilizing two different methods of substitution codes. One method is a “digital code” which uses the substitution of digits 10 through 99 for the various letters of the alphabet, thereby allowing the author to substitute a variety of digits for any given plaintext letter The other method is a “literal code” which involves the substitution of letters or a word or words. Encoded letters have only one plaintext value and retain the same value at all times. Agent Eberhardt also analyzed Government Exhibit Nos. 7A and 7B and concludes that code Jade as set forth in these exhibits was the code used to prepare the marked Government Exhibit Nos. 6 and 187. Using code Jade (Government Exhibits 7A and 7B) Agent Eberhardt decoded Government Exhibits 6 and 187. He did so by writing above all coded items its decoded meaning. Thus Government Exhibit 6 as decoded is Government Exhibit 210 and Government Exhibit 187 as decoded is Government Exhibit 211. These exhibits are transcripts of the bugged meeting held in the IRS Chief Counsel’s conference room on November 1, 1974. Government Exhibit 210 is a summary of that transcript and Government Exhibit 211 is the full transcript. At the bottom of page six and at the top of page seven of Government Exhibit 210 the defendant Snider wrote to his superior Mo Budlong that “[w]e must be careful with this transcript as even in the distant future in the hands of the enemy the repercussions would be great. There are new laws on this federally and a strong post-Watergate Judicial climate.” Thus, the Duke Snider, himself recognized in this letter the criminal implications of the bugging of the IRS meeting on November 1, 1971.

On November 1, 1971, Mr. Lewis Hubbard, was employed by the Office of the Chief Counsel of the Internal Revenue Service at 1111 Constitution Avenue, Northwest, and on that date attended a meeting in the Chief Counsel’s conference room. Numerous other high officials of the IRS attended this meeting. Mr. Hubbard states that the IRS held the November 1, 1974 conference to discuss pending legal actions involving the various churches Of Scientology and to establish general guidelines for determination on what constituted a “religious institution” entitled to exemption from taxation under the Internal Revenue Code. Mr. Hubbard has produced from his files a lengthy pre-conference memorandum which he prepared at the request of the Chief Counsel in order to brief all persons who were to attend the November 1, 1974 conference regarding the topics to be discussed (Government Exhibit No. 208). He has also produced a post-conference memorandum which he prepared following the conclusion of the November 1, 1974 conference and which outlines the matters discussed at that conference (Government Exhibit No. 209). A comparison of these two exhibits with Government Exhibits Nos. 210 and 211, (the FBI decodes of Government Exhibits Nos. 6 and 187 respectively seized from the offices of the defendant Willardson at the Cedars Complex by the Federal Bureau of Investigation) demonstrates that all four exhibits deal with precisely the same discussions.

C. The First Infiltration of the IRS in the District of Columbia Pursuant to GO 1361

Government Exhibits Nos. 8-11 [18]  are a series of documents containing numerous telexes and letters dealing with the infiltration of the Internal Revenue Service by the defendant Gerald Bennett Wolfe pursuant to GO 1361. Mr. Meisner identifies the telexes as being in the standard telex routing and format employed by the Guardian’s Office and the Information Bureau whenever sending telexes during this period. Government Exhibit No. 8A reads as follows:

TELEX

311039GOUS 4 AGI DC VIA DG US MIKE WHAT HAPPENED ON GETTING FSM PAST HIRING FREEZE ON TARGET ARC AM CHECKING OUR LINES FOR JUSTICE PERSON AS PREVIOUS ONE FELL THROUGH ARC CONTINUE TO LOOK YOUR END ARC TLX REPLY LOVE DUKE DGI US

Mr. Meisner explains that the numerals at the beginning of the first line of the telex represent the following:

31 – day
10 – month
39 – number of the telex sent from the U.S. Guardian’s Office on 31/10/1974 GOUS – Guardian Office US, originator of the telex
4 – the number of telexes on that topic
AGI DC – the addressee

The date “3110,” meaning October 31, using the European system for setting out the date indicates that the first telex on this topic was sent on October 31. The routine also shows that this is the fourth telex on the topic discussed in the text of the telex, and the handwritten notation on the states that it was sent on “11.10.74″ or November 10, 1974. The concluding line “Love Duke DGI US” reveals that it was sent by the defendant, Duke Snider, the Deputy Guardian for Information in the United States. The abbreviation “ARC” is a Scientology term used in telexes as an alternative to “STOP”. “FSM” is an abbreviation for “field staff member” a term, used in the Information Bureau for covert operatives. All other telexes in Government Exhibits Nos. 8 through 11 carry the same routing and format and thus explain when they were sent, by whom, and to whom, as well as the sequence in which they were sent. Thus, Government Exhibit No. 8A is a telex from the defendant Snider, the “DGI US” to Michael Meisner the “AGI DC.” Mr. Meisner recalls having received it from the defendant Snider. In it, the defendant Snider inquired whether Gerald Bennett Wolfe, the “FSM” to be placed at the IRS had been able to obtain employment in view of the hiring freeze there. Handwriting expert James Miller concludes that it is “highly probable” that the initials “DS” next to “DGI US” were written by the defendant Snider. Mr. Meisner identifies them as initials made by the defendant Snider. Government Exhibit No. 8B is the telex which Mr. Meisner, the “AGI DC,” sent to “DGI US” Duke Snider, via “DG US” Henning Heldt stating that Gerald Wolfe, the “FSM” had apparently passed the hiring freeze and that they “will know for sure” Whether he has received employment by November 18 at the latest. A notation on that telex indicates that it was received on “11.11.74″ at “2000″ hours (8:00 p.m.). Government Exhibit No. 8C is a telex from the defendant Snider, the “DGI US,” to Mr. Meisner, the “AGI DC,” stating “excellent on both pls [please] keep me informed by telex”. Mr. Meisner, also recalls receiving that telex from the defendant Snider. The handwriting “IRS + JUSTICE PENETRATION” in the upper portion of Government Exhibit No. 8C is identified by Meisner, as that of the defendant Duke Snider.

Government Exhibit No. 8D is a telex from Mr. Meisner to the Guardian’s Office U.S. in Los Angeles, California, informing it that “FSM past freeze and in initial placement in Income Tax Division as clerical.” In this manner, Meisner notified the Los Angeles Guardian’s Office that the defendant Wolfe had obtained employment and was working as a clerk at the IRS Income Tax Division. Mr. Meisner recalls sending this particular telex to the defendant Snider, Government Exhibit No. 8E is a response to the previous telex from “DGI US” Duke Snider to “AGI DC” Meisner congratulating Mr. Meisner for his work. The abbreviation “VVWD” means “very very well done”. Mr. Meisner recalls receiving that telex. Government Exhibit 8, the cover letter dated November 11, 1974 was written by Mr. Joe Lisa, the Deputy Deputy Guardian for Information U.S. (DDG I US), to the defendant Gregory Willardson, the Information Branch I Director U.S., regarding the “IRS evaluation” GO 1361, target 10, and directed Mr. Willardson “to get this started immediately and push this hard” to get it accomplished. [19]

Government Exhibit No. 9A is a telex sent on “14.11″ November 14 1974) by “DGI US” Duke Snider, to DGI WW,” Mo Budlong, “Re: GO 1361 Tar [target] 10,” which informed Mr. Budlong, that despite the national hiring freeze defendant Gerald Bennett Wolfe had accepted employment at the IRS. Mr. James Miller, the handwriting expert, positively identified the defendant Henning Heldt as the writer of the initials next to “DG US” and states that the initials next to “DGI US” were probably written by the defendant Duke Snider. Mr. Meisner himself recognizes the handwriting “despite freeze” and the initials next to “DGI US” are made by the defendant Snider, and the initials next to “DG US” as made by the defendant Heldt. Government Exhibit No. 9 is a telex received “15.11.74″ (November 15, 1974) at “2000″ hours (8:00 P.M.) from Mr. Budlong to the defendant Snider, the “DGI US,” which congratulated him on the placement of a covert agent at IRS. The routing at the beginning of the telex indicates that it is in response to Government Exhibit No. 9A. Mr. Meisner recognizes the handwriting on the upper portion of Government Exhibit No. 9 as that of the defendant Duke Snider.

During the first week of December 1974 Meisner and the defendant Mitchell Hermann entered the IRS building located at 1111 Constitution Avenue, Northwest, Washington, D.C., and remained inside until sometime after 7:00 p.m. At that time, Mr. Meisner and the defendant Hermann entered without permission offices of the Exempt Organization Division on the seventh floor; removed from the building one file relating to Scientology and took it to the Guardian’s Office in Washington, D.C.; and photocopied it there. The next day, the defendant Hermann returned it to the IRS files. The purpose of their entry was to show to the defendant Gerald Bennett Wolfe that documents could easily be taken from the Internal Revenue Offices. Following that entry, Mr. Meisner called the defendant Duke Snider in Los Angeles, California, and told him what he and Hermann had accomplished inside the IRS and what documents had been stolen. He told the defendant Snider that the entry which he and Hermann had made proved conclusively the ease with which documents could be taken from the IRS.

Government Exhibit No. 10A is a telex sent on December 4, 1974 at “2200″ hours by the “DGI US,” Duke Snider, to the “DGI WW” Mo Budlong regarding “GO 1361 TAR 10.” The telex informed Mr. Budlong that the defendant Snider and his associates had received “two shipments from DC . . . about ten inches” thick containing documents which the defendants Hermann and Wolfe and Mr. Meisner had stolen from the IRS. Handwriting Expert James Miller concludes that the initials next to “DGUS” were probably made by the defendant Heldt and that the initials next to “DGIUS” were highly probably by made by the defendant Snider. Mr. Meisner recognizes each set of initial as being made by the defendants Heldt and Duke Snider respectively. Government Exhibit No. 10, a telex from Mr. Budlong to the defendant Snider is a response to Government Exhibit No. 10A stated “Duke such news brings joy to my heart ARC Absolutely fantastic ARC I can’t wait to see the data.” Mr. Meisner recognizes the handwriting in the upper portion of Government. Exhibit No. 30, with the exception of “DW6/12″ as that of the defendant Snider; and the handwriting “DW6/12″ as that of the defendant Richard “Dick” Weigand. The telex indicated that it was received at “1400″ (2:00 p.m.) hours on “5.12.74″ (December 5, 1974).

Government Exhibit No. 11 contains two letters. The second and earlier letter in the exhibit, dated November 11, 1974 is from Joe Lisa, the then Deputy Deputy Guardian for Information U.S. to the defendant Willardson, the Branch I Director US. It directed the District of Columbia Guardian’s Office to immediately obtain documents from the IRS pursuant to Target 10 of GO 1361. (The letter is identical to Government Exhibit. No. 8.) The first page of Government Exhibit No. 11, dated “9 December 74,” is the defendant Willardson’s response in Lisa’s November 11 letter. It informed Mr. Lisa that Target 10 of GO 1361, which called for getting an “FSM” into the IRS in the District of Columbia, had been achieved, and that compliance had already been reported to the World- Wide Guardian’s Office.

During his initial employment at the IRS, the defendant Wolfe was supervised by the defendant Hermann. As such the defendant Hermann maintained all contacts with defendant Wolfe. [20] Defendant Hermann himself was a direct subordinate of Mr. Meisner during this period and reported regularly to Mr. Meisner, on defendant Wolfe’s accomplishments. In mid- December 1974, the defendant Mitchell Hermann went on vacation, and Meisner took over the supervision of the defendant Gerald Bennett Wolfe. Before he left, however, the defendant Hermann arranged for Mr. Meisner to meet the defendant Wolfe in an Arlington, Virginia, parking lot and bring him over to the defendant Hermann’s house located on Fessenden Street, Northwest, Washington, D.C., to coordinate future plans. At the parking lot, Mr. Meisner introduced himself to the defendant Wolfe using his real name; however because Wolfe felt more comfortable being called by a name other than his own, Mr. Meisner called the defendant Wolfe “Kelly”. During the subsequent one-half hour meeting in the defendant Hermann’s house, Meisner and the defendant Wolfe discussed Wolfe’s job and background. The defendant Wolfe had previously been informed by the defendant Hermann that Mr. Meisner was the Assistant Guardian for Information in the District of Columbia. The defendant Wolfe was also told by Mr. Meisner that he could reach him at any time by calling him either at his office at 2125 S Street, northwest, Washington, D.C. or at his home in Arlington, Virginia. The defendant Hermann instructed the defendant Wolfe continue obtaining all documents related to Scientology from the IRS office of Barbara Bird an attorney in Refund Litigation Service. [21]

Thereafter, a few days prior to December 30, 1974, the defendant Wolfe entered the office of Barbara Bird located in the main building of the IRS at 1111 Constitution Avenue northwest, Washington, D.C., without permission ,and took from her files many documents related to Scientology. He photocopied them on a photocopying machine in the IRS Building using United States property and paper to accomplish the task. Upon completion of the photocopying, the defendant returned the documents to Ms. Bird’s office. At a subsequent meeting with Mr. Meisner at a Lums Restaurant in nearby Virginia, he gave him the stolen documents. [22] He explained to Mr. Meisner, how he had obtained the documents from a file in Barbara Bird’s office which contained documents related to Scientology which Bird had acquired from former IRS official Charlotte Murphy. Mr. Meisner, took the documents to his office at 2125 S Street, Northwest, reviewed them, and summarized them in a memorandum to his superiors in the U.S. Guardian’s Office.

Whenever he received stolen documents from the defendant Wolfe, Mr. Meisner marked each one with an initial at the lower, right-hand side, underlined those portions which he believed to be particularly important to his superiors in the Guardian’s Office, and typed any one which was either handwritten or illegible. He then prepared a memorandum addressed to his immediate superiors in Los Angeles which summarized each important point in the documents, and placed at the end of each excerption the corresponding number of the document which he had just summarized. He then routed the finished memorandum through the Assistant Guardian for the District of Columbia to his superiors in Los Angeles who included the Deputy Guardian for the United States, the Deputy Guardian for Information in the United States, the Branch I Director of the Information Bureau, and the Collections Officer. He also sent a copy of the material to the Commodore Staff Guardian (CSG) , the defendant Mary Sue Hubbard. Until January 1976, all such memoranda and supporting documents were sent to the defendant Cindy Raymond who as Collections Officer within the Information Bureau, was in charge of the gathering of covertly obtained documents. After the re organization of the Information Bureau in January 1976, almost all memoranda regarding stolen documents were sent to the defendant Hermann under his alias “Mike Cooper”. The defendant Hermann was, subsequent to January 1976, the Southeast U.S. Secretary of the Information Bureau, and as such had immediate supervision over the Information Bureau in the District of Columbia. The only exception to this January 1976 procedure occurred in regards to stolen Interpol documents, which were still to the defendant Raymond who had become the Information Bureau Director National U.S. All such memoranda were typed by Mr. Meisner himself and were prepared in accordance with established Guardian’s Office procedures. Government Exhibit No. 12 [23] is a 30 December 1974 memorandum from Mr. Meisner to the defendant, Cindy Raymond entitled “Raw Data Report Re: IRS-Charlotte Murphy Scientology File.” It summarizes documents taken by the defendant Gerald Bennett Wolfe from the offices of Barbara Bird at the IRS as outlined supra. Mr. Meisner appended to that memorandum, and sent it to Los Angeles, at least ninety eight pages of documents taken from the IRS. (See Government Exhibit No. 12 at p. 7, paragraph 3). The routing portion which appears in the upper left-hand side of the memorandum reflects that the “AG Info DC”, Michael Meisner, sent the memorandum to the Collection Officer US, the defendant Raymond, via the Assistant Guardian for the District of Columbia, Lynn McNeil, who initialed it on “30/12″ (30 December 1974). McNeil’s notation shows that she reviewed it on that day and transmitted it to the Deputy Guardian Communicator (Secretary) for the United States and the Deputy Guardian for the United States, the defendant Heldt. “DG Info US”, the defendant Weigand, placed his initials next to his title on January 6, 1975 (”6/1/75″), as did the “Info Br I Dir US”, the defendant Willardson, who initialed it on 10 January 1975 (”10 Jan”) The defendant Willardson then wrote a note to the defendant Raymond indicating he had reshuffled the order, of the documents. [24] During the early part of January 1975, the defendant Hermann returned to the District of Columbia from his vacation and resumed his duties as supervisor of all Scientology covert operatives, who included the defendants Wolfe and Sharon Thomas and Ms. Nancy Douglass. The defendant Thomas was at the time a Scientology covert agent at the Coast Guard Intelligence. Ms. Douglass was a Scientology covert operative at the Drug Enforcement Administration (DEA) from where she stole documents and photocopies thereof and transmitted them over to the defendant Hermann. The defendant Hermann continued his duties in the District of Columbia until early March 1975 when he was transferred to Chicago, Illinois, to continue to work for the Guardian’s Office.

Government Exhibit No. 13 [25] is a memorandum from the defendant “Mitch” Hermann to defendant Raymond regarding documents stolen from the Chief Counsel’s file room at the IRS pursuant to “GO 1361 TGT #10.” The March 1, 1975 memorandum, which summarized the stolen documents, was routed through the Acting Assistant Guardian for the District of Columbia who, at the time, was Mr. Meisner. The defendant Hermann was then Acting Assistant Guardian for Information in the District of Columbia. [26] The defendant Cindy Raymond received the memorandum and placed on the upper right-hand side of page one above the date “CC: DG Legal US, DG PR US”. [27]

In late May 1975, the defendant Gregory Willardson directed Mr. Meisner to implement “Project Horn” which Willardson, him self, authored. “Project Horn” appended to Government Exhibit No. 14 [28] was issued in order to “provide a cover for PR [Public Relations] and legal for the way they obtained IRS docs.” The project further implemented Guardian Order 1361, Target 6, which had already provided for the creation or a “suitable cover” to disguise the true manner in which stolen documents had been obtained from the IRS so that the Public Relations Bureau could use them without fear of being connected to the thefts. Towards this end, defendant Gregory Willardson assigned to Mr. Meisner, as the Assistant Guardian for Information in the District of Columbia, the task of stealing IRS documents concerning organizations other than Scientology. Thus, whenever any stolen IRS documents were later released, those other organizations would also be perceived as having received them and their publications would, thereby, not point to the Church of Scientology alone. Additionally, the project ordered the theft of IRS stationery so it might be used by members of the Guardian’s Office to draft false letters from a fictitious IRS employee disgruntled with the organization. The stolen documents would then be attached to the letters which would be sent to private organizations such as Scientology. Government Exhibit No. 14 (at page 1) is a 9 April, 1975 letter from the defendant Willardson to Jane Kember and Mo Budlong stating that he had complied with GO 1361 target 6 by devising the “Project Horn” which he appended to that letter. [29] In a letter dated 9 April 75 found at page six of  Government Exhibit, No. 14 the defendant Willardson writes to the Deputy Guardian of Public Relations for the United States, Arthur “Artie” Maren, informing him that “the majority of documents called for in this eval [GO 1361] have been obtained.” He then invited Mr. Maren to come to the Information Bureau offices to view the documents “since the quantity of data is so extensive.” [30] In accord with “Project Horn” the defendant Wolfe took from the IRS, stationary of that agency and turned it over to Mr. Meisner. Wolfe also took from the IRS, without permission, documents related to Bob Jones University in South Carolina and the Unification Church. After receiving those documents from the defendant Wolfe, Mr. Meisner notified the defendant Willardson that he had complied with the preliminary steps of his “Project Horn.”

During the first five months of 1975, the defendant Wolfe stole documents and photocopies thereof belonging to the IRS from the offices of Barbara Bird and Lewis Hubbard of the Chief Counsel’s Office and from the Chief Counsel’s file room, as well as from other offices within the suite of offices comprising the Office of the Chief Counsel. These documents totalled some ten feet in height. The defendant Wolfe at that time was employed in the Income Tax Division of the IRS and had no authority to enter any of the offices in the Chief Counsel’s area. Upon receiving these documents, the defendant Hermann and Mr. Meisner forwarded them to their superiors in the Information Bureau in Los Angeles, California, without excerpting them as had previously been done because of the enormous backlog of stolen documents not sent to Los Angeles. (See Government Exhibits Nos. 12 and 13) This circumstance is detailed in Government Exhibit No. 15, [31 "CSW” (completed staff work) [32] dated 7 May 1975 sent by the defendant Willardson to Deputy Guardian for information World-Wide, Mo Budlong, and Deputy Guardian for Finance World-Wide, Herbie Parkhouse. It explained that the collection of U.S. Government documents pursuant to GO 1361 had created a crisis in the Information Bureau by causing a slowdown in the collection progress required by GO 1361 which “urgently need[ed] to be eliminated.” In it, Mr. Willardson states that some “15,000″ documents had been sent by the District of Columbia Information Bureau without excerption in order to speed up the process of advising the Deputy Guardian for the United States, the defendant Heldt and Commodore Staff Guardian, the defendant Hubbard, “as fast as possible as to the IRS’s intentions in regards to the Church during the ongoing IRS tax exemption negotiations.” The letter added that “[t]his was a valuable action in that it resulted in a more real estimate as to the IRS scene than was visable [sic] from the Legal viewpoint.” (emphasis added) [33] The “CSW” requests the Guardian’s Office World-Wide to approve an additional expenditure of funds for the excerption, xeroxing and cross-filing of these “15,000″ documents. [34]

During the period prior to the theft of the documents referred to in Government Exhibit No. 15 the Church of Scientology through its subsidiary Church in Hawaii, was engaged in extensive litigation with the IRS regarding its entitlement to exemption from taxation. The IRS was also conducting an audit of the Church of Scientology of Hawaii. The defendants Richard Weigand, Gregory Willardson and Cindy Raymond, personally and in writing, instructed Mr. Meisner to direct his attention and that or his covert operative the defendant Wolfe, to the theft of all documents relating to that tax exemption battle from the office of IRS attorney Lewis Hubbard, located in the main IRS building at 1111 Constitution Avenue, N.W.in Washington, D.C. (see pgs. 71-74, infra). Mr. Hubbard at that time was overseeing the audit for the IRS Chief Counsel’s Office and had in his care, custody and control within his office documentation, daily notes and memoranda relating to the tax exemption case involving the Hawaii Church.

D. Infiltration of the Tax Division of the United States Department of Justice.

Guardian Order 1361, target 17, directed the infiltration and theft of files relating to Scientology from the Tax Division or the United States Department of Justice in Washington, D.C. In order to carry out the directive of target 17 of GO 1361, Mr. Meisner obtained a directory of the United States Department of Justice in April 1975 and isolated those offices within the Tax Division which had previously been identified to him as offices which would have files related to pending Scientology litigation. Mr. Meisner had been informed by the Guardians office Legal Bureau that trial attorney Harold Larsen and Chief of Refund Litigation Section 3, Stanley Krysa, had represented the United States in the cases involving the Church of Scientology of Hawaii and the Church of Scientology of Florida. Mr. Larsen was the trial attorney assigned to these cases, while Mr. Krysa, as his immediate supervisor, had participated in the litigation. Mr. Meisner discovered that the Tax Division offices of the Department of Justice were located in the Star Building at 1101 11th Street, Northwest, in Washington, D.C. Accordingly, Mr. Meisner directed the defendant Gerald Bennett Wolfe to enter the offices of Messrs. Krysa and Larsen to obtain all their files which were in any way related to Scientology. Consequently, on three successive Saturdays, May 3, 10, and 17, 1975, the defendant Wolfe entered the Star Building using his identification card and proceeded to the fourth floor offices of the Tax Division. The defendant Wolfe then entered the offices of Messrs. Krysa and Larsen and stole twelve separate files related to Scientology cases and photocopied them on a photocopying machine within the Tax Division offices, using paper and equipment belonging to the United States of America. The defendant Wolfe then returned the documents to their original location and stole copies of them. The defendant Wolfe then gave to Mr. Meisner all the copies of documents which he had taken from the Tax Division on the day following each entry at meetings which he and Mr. Meisner had at the Lums Restaurant in nearby Arlington, Virginia. Meisner, then reviewed the documents and summarized them in twelve separate memoranda prepared in the manner described at page 43, supra. These twelve files contained notes and other memorandum of the United States Department of Justice, Tax Division attorneys dealing with their trial and pretrial strategy in Scientology court cases. Government Exhibit Nos. 17, 19 – 25, and 27 – 30, are the twelve memoranda prepared by Mr. Meisner. Each memorandum is addressed to the defendant Cindy Raymond and is entitled “Raw Data Report Re: Department of Justice – Tax Division – Refund Trial Section No. 3,” parts 1 to 12. [35]

[PIECE MISSING] each of the Meisner memoranda follows the standard routing
required by Guardian Office procedure. [26] Government Exhibit No. 26 is a copy of a document entitled “Memorandum for the File” signed by Mr. Stanley F. Krysa and taken from the Tax Division files which were then in the care, custody and control of Justice Department attorney Harold Larsen. Mr. Meisner identifies the number “37″ appearing at the lower right-hand corner of that document as a numeral which he placed upon receiving the document from the defendant Wolfe. That numeral indicates the page on which it appears was the thirty seventh in a series of documents appended to his memorandum of 14 May 1975 (Government Exhibit No. 25). The underlining on the Government Exhibit No. 26 was made by Mr. Meisner and that exhibit is referred to in Mr. Meisner’s memorandum of 14 May 1975 at page two, paragraph two. (Government Exhibit No. 25.) Neither Messrs. Krysa nor Larsen had given permission to the defendant Wolfe or anyone associated with the Guardian’s Office of the Church of Scientology to enter their offices, remove from their files documents within their care, custody and control, and make photocopies of their documents. Mr. Larsen states that most of the documents covered in the Meisner memoranda would never have been turned over to any Scientology attorneys, inasmuch as they represent attorney “work project” material and were therefore not discoverable under the Federal Rules of Civil Procedure.

Government Exhibit No. 32 [37] is a letter dated 20 May 1975, from the defendant Willardson, identified in the routing portion of the document as “Br I Dir US I”, addressed to Michael Taylor, the “US Dir Sec WW” (U.S. Directorate Secretary World-Wide), routed via the Deputy Guardian for Information World-Wide, the Guardian World-Wide, the Deputy Guardian United States, and the Deputy Guardian for Information in the United States. The letter entitled ” Re: B & E’s Yours to DG I, 5 May 75, DG I’s to you 14 May 75″ states:

When Dick [Weigand] first wrote you on this subject a few of us in the office had been comparing notes and smatterings of legal knowledge on this subjects with the end result of deciding we needed to research the differences between “breaking & entering” and “unlawful entry”.

Upon searching through legal dictionaries and various legal sources I discovered . . . the technical difference between “b & e” and “unlawful entry” become relatively meaningless when it can be seen that a large portion, if not the majority, of our high priority successful Collections actions fall into the category of second degree burglary, which is a felony.

Some of our successful collections actions in the recent past and present which fall into this category are: (past). . . GO 1361, GO 1344, . . . DEA; (present) GO 1361, Go 1344, DEA. (this is not an exhaustive rundown, just enough to demonstrate the importance)

From my study of the codes and from my knowledge of how the collections actions are done, one of the key points in solidifying the burglary commission is basically the theft of xerox paper and xerox machine use of whatever group is approach- ed. Without this theft, then the distinction between “b & e” and “unlawful entry” would become important and could mean the difference between a felony and a misdemeanor.

* * *

Because the legal definition of burglary in the US to fit more spot on as to our actions than B&E and because it is a felony, as is a “B & E” I thought you should be appraised [sic] or this. (Emphasis added.)

Appended to the letter is a summary of the law on burglary. Handwriting expert James Miller positively identifies the handwritten signature “Greg” as having been written by the defendant Gregory Willardson. [38] Government Exhibit No. 33, contains a series of letters and “compliance reports” setting forth the Church of Scientology’s “IRS Strategy”. Page five of that exhibit is a letter dated May 27, 1975, signed “Much Love, Mary Sue” (Hubbard), the Commodore Staff Guardian. The letter is addressed to Jane Kember and the defendant Henning Heldt. The routing in the upper left-hand portion of the Document indicates that. it was sent by “CS-G”, the defendant, Mary Sue Hubbard to the “Guardian WW” Jane Kember, with a copy to “DG US”, the defendant Heldt. The routing in the upper left-hand portion of the Document indicates that it was sent by "CS-G", the defendant, Mary Sue Hubbard to the "Guardian WW" Jane Kember, with a copy to "DG US", the defendant Heldt. It states "[o]ur overall strategy with the IRS shall be as follows: 1. [t]o use any method at our disposal to win the battle and gain our non-profit status. 2. [t]o buy all the time we can in terms of years . . . [s]o we work to win, but also to delay as time works on our side, not theirs.” (Emphasis in original.) Page six of Government Exhibit No. 33 is a letter from Deputy Guardian U.S. Henning Heldt to the chief officers of the Legal, Finance, Public Relations and Information Bureaus of the Guardian’s Office informing them of the “IRS strategy, as established by CS-G.” The defendant Heldt’s letter directed these officials to inform their respective staffs of the defendant Hubbard’s directive, and ordered them to conform “upcoming actions with the above strategy.” Page two of Government exhibit No. 33 is a letter dated 9 June 1975 from the defendant Mary Sue Hubbard signed in handwriting which is positively identified as hers by handwriting expert James Miller. The letter, entitled “IRS Strategy,” was addressed to the defendant Henning Heldt and stated: “I agree with the strategy completely as laid down.” Pages three and four of that same exhibit constitute a compliance report dated 18 June 1975 prepared by the defendant Heldt and addressed to Jane Kember and the defendant Mary Sue Hubbard. It is entitled “Re: IRS: CS-G Order 27 May 75″. It stated that the overall strategy was laid out in the “CSG” order of 27 May 75 was as follows: “To use any method at our disposal to win the battle and gain our non- profit status.” It further outlined that “B-I’s [Bureau 1] major action is the completion of its GO 1361 collection targets, and working out the means to turn those over to legal and PR for use. Bureau I’s actions are moving along steadily and full completion is expected in two to three months.” [39]

On June 4, 1975, the defendant Gregory Willardson, in a handwritten letter addressed to Mr. Meisner, the Assistant Guardian for Information in the District of Columbia. (Government Exhibit No. 34) [40] directed Mr. Meisner to complete target 10 of GO 1361 which called for the placing of “an agent in DC IRS to obtain files on LRH, Scientology, etc.” by “no later that, 30 August.” The defendant Willardson stated that based on a conversation which he had with the defendant “Mitch” Hermann, it appeared to him that the only documents still to be obtained were from “(1) OIO [Office of International Operations], (2) Intell [Intelligence], (3) SSS [Special Services Staff]” of the Internal Revenue Service. The defendant Willardson added:

Mitch explained to me that he had planned to get Silver in OIO, and hope- fully gain access to Intell via OIO. Further, that all SSS does no longer exist in IRS but some were given over to Intell-thus Mitch expected to get SSS via Intell. 

What I need from you is your plan of action here on how to complete target 10 no later than 30 Aug . . . .

The letter concluded that “[i]f you are going to need to get another FSM [covert operative] in you’d have to start soon as it takes some time, etc.” The defendant Willardson demanded a response “in project form within 24 hrs.” In a postscript, the defendant Willardson inquired “[w]hen will Silver be in OIO?” [41] Mr. Meisner states that he received this letter in early June 1975. Prior to this, the defendant, Hermann had suggested to Mr. Meisner that “Silver” [the code name for Gerald Wolfe] be moved from IRS to OIO. Mr. Meisner, however, had considered shifting Ms. Douglas from the covert operation at the Drug Enforcement Administration to the Office or International Operations, (OIO) of IRS. The defendant Wolfe also inquired about possible openings at OIO, but found none available.

Pursuant to the directive of the defendant Willardson, (Government Exhibit No. 34) Mr. Meisner prepared a project entitled “Beetle Cleanup” dated 11 June 1975 (Government Exhibit No. 35). [42] The project called for obtaining “all DC IRS files on LRH, Scientology, etc., in the Intelligence section, OIO, and SSS”. It proposed the placement of “FSMs” in the “required areas or good access developed”, and further that “Pitts” (the code name for Nancy Douglass) and “Silver” attempt to obtain employment at the Internal Revenue Service Intelligence Division and Office of International Operations respectively. Appended to that project is a letter signed by Mr. Meisner dated 11 June 1975, addressed to the defendant Willardson, stating that Mr. Meisner was attaching a project in “compliance to your attached order”. It indicated that the only road block to achieving the goal prescribed by the defendant Willardson Was the fact that Nancy Douglass a/k/a “Pitts” still had three files to obtain from the Drug Enforcement Administration and that no positions might be available in the two IRS areas contemplated by the project. In a handwritten [43] notation signed “Cindy” and addressed to Peggy Tyson, the Information Programs Officer, the defendant Raymond stated in regard to “Beetle Cleanup”: “As this is pjct [project) off a major pgm [program] we can PUSH it together.” (Emphasis in original.) In a handwritten letter dated 30 July 1975, (page three of Government Exhibit No. 35) the defendant Gregory Willardson responded to Mr. Meisner thanking him for his project and stating that he was turning it over to the Collections Officer, the defendant Cindy Raymond, to carry out. [43]

In June 1975, the defendant Gerald Bennet Wolfe made two entries into the office of Lewis Hubbard of the IRS Chief Counsel’s Office to obtain documents related to the Church of Scientology of California’s pending audit. These entries occurred on or about June 21 and June 30, 1975. On each occasion following the entry by the defendant Wolfe, Mr. Meisner met Wolfe and received from him copies of documents which Wolfe had taken from Lewis Hubbard’s office. Upon receipt of the documents, Mr. Meisner returned to his office at 2125 S Street, N.W. in Washington, D.C. and produced memoranda summarizing the documents employing the procedure previously described. He appended to each memorandum the stolen documents, numbering each document in his own handwriting in the lower right-hand corner of the document. Government Exhibits Nos. 36 and 38A [45] are the Meisner memoranda summarizing the documents taken on those two occasions by the defendant Wolfe from Mr. Hubbard’s office. Government Exhibit No. 36 entitled, “Present IRS Situation” stated that the fifty-seven pages of appended documents “are the daily notes of Lew Hubbard.”  This memorandum, was addressed to the defendant Cindy Raymond, with copies to the Commodore Staff Guardian, the defendant Mary Sue Hubbard. This memorandum was routed through the Deputy Guardian U.S., the defendant Heldt, the Deputy Guardian for Information U.S., the defendant Weigand, and the Information Branch I Director U.S., the defendant Willardson. Government Exhibit No. 38A was also addressed to the defendant Raymond. It contains at least twenty-six pages of documents taken from Mr. Hubbard’s office. The defendant Wolfe explained to Mr. Meisner that, in each instance, he took the documents from the office of Mr. Hubbard to a photocopying machine located in the IRS, and, using Government resources and paper, he proceeded to make copies of those documents and then return them to their original location. He then took the copies of the documents from the IRS building and turned them over to Mr. Meisner. Mr. Hubbard had never given permission to the defendant Wolfe either to enter his office, to take any documents for the purpose of photocopying them, or to obtain copies of the documents for the Guardian’s Office of the Church of Scientology. Indeed, Mr. Hubbard states that the copies of the documents appended to Government Exhibits Nos. 36 and 38A originated from his office and are his own daily memoranda to himself which, coincidentally, contain many personal notes as well as notes regarding cases unrelated to the Church of Scientology. [46] Mr. Hubbard’s files were kept either in one of the two credenzas in his office or on a window sill behind his desk in Room 3549 at the main IRS building in Washington, D.C. All the documents appended to Government Exhibits Nos. 36 and 38A were in Mr. Hubbard’s care, custody and control in June 1975. [47]

In a letter dated July 2, 1975, addressed to the Deputy Guardian for Information U.S., the defendant Richard “Dick” Weigand, entitled “Re: GO 1361″, the defendant Duke Snider reviewed the accomplishments of the Information Bureau pursuant to GO 1361. (Government Exhibit No. 39). [48] Referring to target 10, he indicated that “IRS DC is progressing”, and pointed out that the defendant Gregory Willardson had ordered the District of Columbia Guardian’s Office to complete by 30 August 1975 the collection of all documents called for by target 10. The defendant Snider concluded that target 10 was proceeding on schedule. Referring to target 17, which he described as a directive “to infiltrate selected areas of the Justice Dept Tax Div for all files on "US”, he complained that no data had been received on “the status of Tax Div DC action.” While the defendant Snider recalled that some had been “acquired from that area” he noted the he could not tell whether “all were gotten or not.” On page two of his letter, he ordered that if target 10 files had not been obtained, “do a project to get them and complete the DC aspect of this tgt [target].” He admonished the defendant Weigand to “consider this a high priority matter and get these actions quickly done.” [49] In a second letter contained in Government Exhibit No. 39, dated 23 July 75, from Peggy Tyson, the Information Bureau Programs Officer, to the defendant Duke Snider, she stated that she had contacted the District of Columbia and that “tgt 17 is done.” (Emphasis in the original.) Ms. Peggy Tyson telephoned Mr. Meisner and asked him to immediately send a dispatch to the defendant Cindy Raymond outlining the status or all target 17 actions and indicate what remained to be accomplished. Therefore, Mr. Meisner forwarded to the defendant Raymond a memorandum dated 11 August 1975 entitled “GO 1361-TGT 17 STATUS”, (Government Exhibit No. 41A), [Government Exhibits Nos. 41 and 42 were seized by Special Agent Smith from Room 4 at the Cedars Complex.] stating that “Peggy [Tyson] asked me to send you a dispatch re the areas checked for target 17 of GO 1361.” He informed the defendant Raymond that the only data found in the Tax. Division was in the offices of Messrs. Krysa and Larsen. He noted that the only areas in the Justice Department that should be checked “fall [are located] in the main Treasury [sic] building” and “would require infiltration – probably several different FSMs.” Government Exhibit No. 41 is a 12 August 1975 letter from Ms. Tyson to the defendants Snider and Weigand [51] which alluded to Mr. Meisner’s statement that he “has gotten files from the Justice Dept. Tax Division.” In a letter dated 10 September 1975, headed “CONFIDENTIAL -SHRED WHEN FINISHED”, the defendant Cindy Raymond wrote to Mr. Meisner that since there may have been some confusion regarding GO 1361, target 17, she was “reissuing the target.” (Government Exhibit No. 42.) She reminded him that targets 16 and 17 required the infiltration of the Justice Department Tax Division to obtain all files on Scientology, and instructed him that “[w]hat you need to do to comply to this is survey all areas that we have checked, and then take a look at any area (Tax Div) that we need to check and then get the data.” She concluded that “[tlhis should clarify waht [sic] is needed and wanted in the way of tgt 17. Send compliance as soon as you can . . . .” Mr. Meisner received that letter in Washington, D.C. and notified the defendant Raymond that all documents from the Department of Justice Tax Division relating to Scientology had been already obtained. [52]

E. The Guardians Office Awards its GO 1361 Workers

On September 21, 1975, the defendant Gregory Willardson, in his capacity as Branch I Director for the Information Bureau in the United States, wrote a “CSW” (Completed Staff Work) to Guardian World-Wide Jane Kember requesting her to issue certain “commendations” and “awards” to certain Bureau I staff members. They had been involved in the execution of GO 1361 during the period March to late June 1975, when it had been necessary for Mr. Meisner to send thousands of documents to Los Angeles without first excerpting them. Among the individuals for whom official recognition were sought was the defendant Cindy Raymond. The attached “Guardian Condition Order” (Government Exhibit No. 43E) [53] listed all the individuals to be so honored. It was approved by the defendants Heldt, Weigand and Willardson, and Budlong and Lisa for the Guardian World-Wide, Jane Kember. The 12 September 1975 “CSW” from the defendant Willardson was routed through, among others, the Deputy Guardian for Information World-Wide, Mo Budlong, who inserted a notation “Okay by me[,] Love MB”. Mr. Meisner recognizes it as being in the handwriting of Mr. Budlong. The Deputy Guardian for the United States, the defendant Heldt, initialed the “CSW” next to his title, thereby indicating his approval, as did the Deputy Guardian for Information in the United States, the defendant Richard Weigand, who also initialed the document next to his title. The Guardian World-Wide, Jane Kember, approved the “CSW” by signing her name next to the entry “approved”. On the right-hand side of the document, she also requested the defendant Willardson to keep the information confidential since it mentioned Bureau I names. Mr. Meisner recognizes that handwriting as well as the signature next to the word “approved” as that of Ms. Kember. [54]

F. The Theft of IRS Docurents Exempted from Disclosure Under the Freedom of Information Act

In July 1975 the defendant Cindy Raymond informed Mr. Meisner that the Church of Scientology had initiated a Freedom of Information Act (FOIA) lawsuit against the IRS and directed him to be alert to any documents in the offices of Charles Zuravin, an attorney in the Disclosure Division of the Chief Counsel’s Office, since he was representing the United States in that case. Mr. Zuravin’s offices were located in the main IRS building at 1111 Constitution Avenue, N.W., in Washington D.C. Mr. Meisner immediately notified the defendant Wolfe and instructed him to add Mr. Zuravin’s office to the list of offices within the IRS’s main building in Washington D.C. which he had to constantly monitor. This began a series of entries into Mr. Zuravin’s offices by the defendant Wolfe from July 1975 through November 1975. As a result or the defendant Wolfe’s entries, the Guardian’s office learned that Mr. Zuravin had been amassing all documents dealing with Scientology from all IRS offices around the country in order to prepare an FOIA index. [55]

The defendant Wolfe made his first entry into Mr. Zuravin’s office on or about July 28, 1975, and copied Mr. Zuravin’s file on the pending Freedom of Information Act lawsuit. He removed that file out, photocopied it using United States Government property, returned it to Mr. Zuravin’s office, stole the copies, and turned them over to Mr. Meisner at their weekly meeting. Mr. Meisner summarized the documents taken by the defendant Wolfe in a memorandum addressed to the defendant Raymond dated 28 July 1975, and sent a copy of that memorandum to the defendant, CSG, Mary Sue Hubbard (See Government Exhibit No. 40.) [56] The defendant Wolfe made four additional illegal entries into Mr. Zuravin’s office at the IRS between mid-September and late November 1975. In each instance, the defendant Wolfe took documents which Mr. Zuravin had obtained from other IRS offices in order to respond to the scientology FOIA suit. Following each entry, the defendant Wolfe gave Mr. Meisner the documents which he had stolen. [57] Mr. Meisner summarized each set of documents in a memorandum which he sent to his superiors in Los Angeles, California. Government Exhibits Nos. 44, 47, 48 and 50 [58]  are memoranda prepared by Mr. Meisner for that purpose. Each of these exhibits followed the format of previous memoranda written by Mr. Meisner. [59] However, beginning with Government Exhibit No. 45 [60] the memorandum dated 30 September 1975, the routing was changed for security purposes. Whereas before September 30, 1975 the memoranda and appended documents were routed through a number of Information Bureau officials, following that date, the memoranda were routed directly from Mr. Meisner to the defendant Raymond. The defendant Raymond was then responsible for the distribution of the memoranda and documents to the other officials of the information Bureau and Guardian’s Office who previously received them, namely, the defendants Heldt, Weigand and Willardson. A copy, however, was still sent to the CSG, the defendant Mary Sue Hubbard, as indicated by the routing in the upper right-hand corner of each memorandum.

Government Exhibits Nos. 46A-D are copies of IRS documents stolen from Mr. Zuravin’s office by the defendant Wolfe and given to Mr. Meisner. Each of those documents is summarized in the Meisner memorandum of 30 September 1975 (Government Exhibit No. 45). [61] Each of the four documents has numbers placed by Mr. Meisner at its lower right-hand corner, and concerns either, “the IRS National Office Intelligence files” or the “SSS” [Special Services Staff] files”, which were specifically called for by GO 1361, Target 10. In the memorandum of 24 September 1975 (Government Exhibit No. 44), Mr. Meisner summarized documents regarding the “IRS/Hawaii Intelligence Files”. The memorandum of 10 October 1975 (Government Exhibit No. 47) excerpts “IRS Intelligence Files – 1972-1974″. Mr. Meisner’s 13 October 1975 memorandum (Govern- ment Exhibit No. 48a) deals with the transcript of an interview between former, Scientologist Gene Allard, and California Deputy Attorney General Lawrence Tapper. A copy of that transcript had been given to the IRS. Mr. Meisner’s memorandum was subsequently transmitted by the defendant Cindy Raymond to the other Guardian’s Office officials who previously had been included in Mr. Meisner’s routing. Thus, in a letter dated 21 October 1975 (Government, Exhibit No. 48), the defendant Raymond [62] transmitted the appended Meisner memorandum of 13 October 1975 and the appended stolen documents to Michael Taylor, the US Directorate Secretary B-I World-Wide, via the defendants Heldt, Weigand, and Willardson, as well as Jane Kember and Mo Budlong. The letter further indicated that a copy had already been sent to the “CSG”, the defendant Mary Sue Hubbard, by “AG I DC” Meisner.

By early October 1975, Charles Zuravin had completed an FOIA index regarding all IRS documents relating to Scientology, and had given it to Scientology attorneys. Prior to preparing the FOIA index, Mr. Zuravin had numbered each document so as to facilitate locating them. Within the next few days, the defendant Raymond sent Mr. Meisner a copy of that index with a directive to obtain all documents which Mr. Zuravin had concluded were exempted from the FOIA. Mr. Meisner, prepared a list of those “exempted” documents by IRS number and gave it to the defendant Wolfe who was instructed to obtain them. Then, in a letter dated 10 November 1975 (Government Exhibit No. 49) [63]to the defendant Cindy Raymond, Mr. Meisner enclosed a copy of the list of withheld documents which he had given to the defendant Wolfe. Mr. Meisner explained to her that he had prepared that list from the FOIA index which she had sent him. He told the defendant Raymond that “Silver”, the defendant Wolfe, had been given a copy of that list and “is methodically making Copies of all documents listed.” He told the defendant Raymond that the defendant Wolfe, over the previous weekend, had taken “a foot of material” (stolen documents) from the IRS and was already through the third column of numbers on the index list. Mr. Meisner estimated that an additional two weekends would be needed to acquire all remaining documents from the IRS. [64]

Upon receipt from Mr. Meisner of the list of withheld documents, the defendant Wolfe entered the offices of Mr. Zuravin at the IRS on or about November 20, 1975 and obtained documents located on that list. [65] Thus, the title of Mr. Meisner’s 20 November 1975 memorandum (Government Exhibit No. 50); “Re: Withheld IRS FOI Documents #108-141.” However, within a few days after that entry, the IRS moved all Scientology-related documents from Mr. Zuravin’s office to a file room which had previously been the office of Helen Bumbry, located across the hall and which had a more secure lock. Consequently, the defendant Wolfe was unable to continue to obtain the remaining documents until sometime in January 1976 when, with the assistance of Mr. Don Alverzo, that office was forced open with lock-picking equipment. (See page 100, infra.)

Mr. Zuravin states that all the documents summarized in the Meisner memoranda described above were in his files from July to November 1975. Furthermore, he states that he neither gave permission to the defendant Wolfe nor any other representative of the Guardian’s Office of the Church of Scientology to enter his office and take copies of the documents located therein, nor had he given these documents to the Church of Scientology pursuant to the Freedom of Information Act.

 

 

 

G. The Guardian Program Order Instituting An "Early Warning System" to Detect Possible Legal Actions Against L. Ron Hubbard and Mary Sue Hubbard. 

In early December 1975, Mr. Meisner went to Los Angeles California, for briefings with his superiors in the Guardian's Office. During one of those meetings the defendant Richard Weigand showed Mr. Meisner the newly issued Guardian Program Order 158 (GPgmO 158) -- Early Warning System. That Guardian Program Order was issued on December 5, 1975 by the Guardian World Wide Jane Kember after having been written by the defendants Henning Heldt and Richard Weigand. (Government Exhibit No. 53) [66] GpgmO 158 states that it'd purpose is to "[m]aintain an Alerting EARLY WARNING SYSTEM throughout the GO [Guardian's Office] network so that any situation concerning governments or courts by reason of suits is known in adequate time to tahe defensive actions to suddenly raise the level on LRH Personal Security very high" 67/ Thus, the purpose of GPgmO 158 was to identify any potential lawsuit against, or subpoena for, "LRH [L. Ron Hubbard] or MSH [the defendant Mary Sue Hubbard] from a government agency or individual litigation or from any source whatever" (vital target 3) "before activation" (vital target 2).

Specifically, Guardian Program Order 158 directed the following:

1. Place iii agent into the US Attorney's Office DC as a first action as this office should cover all Federal agencies that we are in litigation with or may be in litigation with. AG I DC

2. Obtain data on their intended actions toward Scientology, LRH/MSH. AG I DC

3. Get an agent into the US Attorney's rffice [sic] LA as a simultaneous action . . . .

4. Obtain data on their intended actions toward Scientology, LRH/MSH. BR 1 DIR US

5. Place a seperate agent into the IRS Office of International Operations (OIO) (as this office has a case preparation or investi- gative action going on LRH personally for income tax invasion or something similar). AG I DC

6. Obtain their files on LRH/MSH and Scientology and monitor the line continuously of other actions against LRH/MSH. AG I DC

7. Continue to monitor tightly the DEA DC, IRS DC and LA, the Coast Guard (soon to go to Immigration and Naturalization) DC. Get any present time data on LRH/MSH. BR I DIR US [68]

After reviewing Guardian Program Order (GPgmO) 158 with the defendant Weigand, Mr. Meisner suggested that it would b@ more advantageous to the Hubbards, Scientology, and the Guardian's Office to place a covert Scientolo&y agent at the United States Department of Justice in Washington, D.C., rather than in the United States Attorney's Office in that city. Mr. Meisner observed that Freedom of Information Act suits were, generally, handled by the Justice Department. Mr. Meisner also discussed this matter with the defendant Cindy Raymond. Both the defendants Weigand and Raymond approved Mr. Meisner's suggestion and directed him to prepare a "CSW" for their approval.

Following his return to the District of Columbia in the second week of December 1975, Mr. Meisner sent a "CSW," out- lining his suggestion, to the defendant Weigand, routed through the defendant Raymond. The "CSW" called for placement or the defendant Sharon Thomas as Scientology's covert operative within the Department of Justice instead of the Immigration and Naturalization Service where she had been earlier scheduled to infiltrate for Scientology. See GPgmO 158, Operating Target 7. The defendant Weigand immediately approved Mr. Meisner's "CSW", first by telex, then by letter. Mr. Meisner after having discussed the matter with the defendant Thomas, directed her, during a meeting at a "Three Chef's" restaurant in nearby Arlington, Virginia, to obtain employment at the Information and Privacy Unit of the Civil Division of the Department of Justice, which handled all FOIA requests and lawsuits. Ms. Thomas, however, was unable to begin employment at the Depart- ment of Justice until February 29, 1976. [69] (Government Exhibit No. 206).

Prior to Ms. Thomas' employment at the Department of Justice, Mr. Meisner, the defendant Wolfe and other Guardian's office officials committed a series or burglaries of the main Justice Department building, located at 9th and Pennsylvania Avenue, in Washington, D.C. The initial two entries were made in December, 1975 by Mr. Meisner and the defendant Wolfe in order to obtain documents from the office of Justice Department attorneys Paul Figley and Jeffrey Axelrad, both of the Civil Division's Information and Privacy Unit. The defendant Raymond had previously informed Mr. Meisner that the Legal Bureau of the Guardian's Office had learned that Mr. Figley had been assigned the FOIA cases initiated by Scientology. According to Raymond, Mr. Figley also coordinated other FOIA cases involving Scientology. Another reason for entering Mr. Figley's office was to gain information pursuant to GPrmO 158. They also were seeking Interpol documents in compliance with Guardian World-Wide Jane Kember's long out- standing order of November 21, 1973, as reissued by the defendant Heldt on April 25, 1975 (see Government Exhibit No. 2), and Guardian Program Order 9 (see Government Exhibit Exhibit No. 63, at page 142, infra).

On both occasions that Mr. Meisner and the defendant Wolfe burglarized Mr. Paul Figley's office, they entered the main Department of Justice building prior to 5:30 p.m. by using the defendant Wolfe's IRS identification card. They waited in the main library, until after working hours, when they proceeded to Figley's office, which they unlawfully entered, through a closed but unlocked door. Mr. Meisner observed files relating to Scientology on Figley's desk, on his window ledge, and in his file cabinets. During the first entry, Mr. Meisner skimmed through all of the files and then took four files which were located in open areas in Mr. Figley's office. Using photocopying machines, facilities, equipment and paper located on the fourth floor of the building Mr. Meisner and the defendant Wolfe photocopied the files, returned them to Mr. Figley's office, and stole copies of the doctiments for the use of the Guardian's Office of the Church of Scientology. Both times, Mr. Meisner and the defendant Wolfe were in the building until approximately 10:00 P.M. On neither occasion, did Mr. Meisner or the defendant Wolfe have permission to enter the office of Mr. Figley, take his files, photocopy the documents, and take those photocopies. They, thus, deprived Mr. Figley and the Department of Justice of sole possession of these documents. Following the theft of the copies of documents, Mr. Meisner summarized their contents in two memoranda dated 17 December 1975 (Government Exhibit No. 54) and 18 December, 1975 (Government Exhibit No. 55). [70] Each memorandum was sent to the defendant Raymond who at that time still held the  position of Collections Officer U.S. A copy was sent to the "CSG", defendant Mary Sue Hubbard. Appended to each memorandum were the stolen copies of the documents.

Government Exhibit No. 54 is entitled "Re: Justice  Department, FOI Suits -- Figley"; and Government Exhibit No. 55 [71] is entitled "Re: DEA FOI Case -- D of J Data -- Figley". Both memoranda were received by the defendant Cindy Raymond, who initialcd and dated the documents next to her title on their routing portion. [72] prior to the defendant Thomas' employment at the Department of Justice, additional burglaries of, and theft of copies of documents from, Mr. Figlay's office were committed by the defendant Wolfe together witli Joseph Alesi, the Collections Officer in the District of Columbia's Information Bureau, and Richard Kimmel, the Inrormation Branch I Director in the District of Columbia. On each of those occasions, the stolen copies of documents were personally given to Mr. Meisner by either Messrs. Alesi or Kimmel. They also told Mr. Meisner that they had taken the documents from Mr. Figley's office, photocopied then on photocopying machines located within the Department of Justice, using United States Government property equipment, and supplies, and stole the resulting copies of documents. [73]

H. The Los Angeles Guardian's Office Sends Help to the District Of Columbia Guardian's Office

In November 1975, the Office Of Messrs. Charles Zuravin and Lewis Hubbard were placed within a "red seal" or high security area inside the main IRS building in Washington D.C. Consequently, the doors were both locked at all times. As a result of those moves, Mr. Meisner and the defendant Wolfe were unable to gain entry in these areir and lost the ability to monitor those areas. Both defendants Weigand and Raymond, by phone and letter, repeatedly urged Mr. Meisner to continue to surveil the offices of Messrs. Hubbadr and Zuravin in order to obtain all recent documents relating to Scientology, especially those in Mr. Hubbard's possession dealing with the current status of the Church of Scientology of California audit. Mr. Meisner informed them that it had become impossible to gain access to those offices. Thus, in mid-January 1976, the defendant Hermann, the Southeast U.S. Secretary for the Information Bureau under its reoganiza- tion, notified Mr. Meisner by phone that the defendants Heldt and Weigand had approved "mission orders" to send Don Alverzo to Washington, D.C. to gain access to these two offices. Alverzo arrived in Washington, D.C., on Saturday, January 17, 1976, and met Mr. Meisner at the Church of Scien- tology at 2125 S Street, N.W., Washington, D.C. Mr Alverzo showed Mr. Meisner a copy of his "mission orders" and informed him that they were to go into the IRS building with the defendant Wolfe the next day to pick the looks on the doors of Messrs. Hubbard and Zuravin. Mr. Alverzo also showed Mr. Meisner the lock-picking equipment he had brought  with him and instructed Meisner on how to use such equipment. Mr. Meisner identifies Government Exhibit No. 203 as equipment identical to the equipment which Alverzo brought with him to the District of Columbia. (See photograph of these exhibits, Government Exhibit No. 218.) [74]

On Sunday, January 18, 1976, the defendant Wolfe, together with Messrs. Meisner and Don Alverzo, entered the main IRS building located at 1111 Constitution Avenue, N.W., in Washington, D.C., between 7:00 and 8:00 p.m. The defendant Wolfe signed all three individuals into the building using his IRS identification card. They proceeded to the third floor area where Mr. Zuravin's file office and Mr. Hubbard's office were located some three te four doors apart.

While the defendant Wolfe stood guard at the end of the hallway, Mr. Alverzo attempted to pick the lock on Mr. Hubbard's door, and Mr. Meisner worked on Mr. Zuravin's door. After having been unsuccessful in opening these doors for approximately one to one and one-half hours, Mr. Meisner, in exasperation, hit with his fist the top of Zuravin's door, forcing it to pop open. All three indivi- duals entered and took, without permission, the remaining Scientology-related documents which had bcen withheld by the IRS in FOIA litigation. They then went to another floor where all three began to photocopy these documents using United States Government equipment and resources. After a while, the derendant Wolfe took over the photocopying, while Messrs. Meisner and Alverzo returned to the third floor in a further attempt to open Mr. Hubbard's office Finally, Mr. Alverzo, using a piece of cardboard, was able to force that door open. Then, with the assistance of the defendant Wolfe, they reviewed all Scientology-related material in Mr. Hubbard's office, and took those documents which had not been previously stolen. They then photocopied the documents, using the same IRS photocopying equipment and material and returned all documents to their respective locations. At approximately 2:00 a.m., all three men left the IRS building with a one foot high stack of stolen copies of documents. Messrs. Meisner and Alverzo proceeded to the Information Bureau offices at 2125 S Street, N.W., where they placed the documents in a secure location. Alverzo left Washington, D.C. to return to Los Angeles, California, on January 19, 1976.

Government Exhibit No. 56D 75/ is a "mission report", dated January 22, 1976, from the defendant Mitchell Hermann, now using his alias Mike Cooper, to Michael Taylor, the U.S. Secretary for, B-1 World-Wide, regarding this three-day mission of Don Alverzo to the District of Columbia. [76] In it, the defendant Hermann informed Mr. Taylor that on January 17, 1976, Mr. Alverzo had been sent to Washington, D.C. to acquire "additional and more recent 1361 tgt 10 data." He adds that the "missionaire [Alverzo] was briefed by AG I DC [Meisner] and was accompanied by AG I DC and an FSM [Wolfe] on the mission." He further stated that the mission had been successful, and that "a pile of documents approximately 10" thick" had been seized. He detailed that Mr. Alverzo instructed Mr. Meisner and the defendant Wolfe on "how to obtain future access" to these areas. The defendant Hermann concluded that as a result of that entry the remaining documents withheld under the FOIA were stolen from the IRS.

In a "compliance report" dated 21 January, 1976 (Government Exhibit No. 56C), the defendant Weigand responded to a request from the defendant Heldt regarding the mission of Mr. Alverzo so that Heldt could respond to a dispatch from the defendant Mary Sue Hubbard. The defendant Weigand appended to his letter the report of Acting Southeast U.S. Secretary Hernmann (a/k/a Cooper). The defendant Weigand explained that he authorized the Alverzo mission because of the need to get current documents regarding Scientology, and that the District of Columbia Guardian's Office personnel was not trained to pick locks. [77]

I. The Guardian's Office Orders Mr. Meisner to Los Angeles For Debriefing and Auditing

At, the beginning of February 1976, Mr. Meisner went to Los Angeles, California, both for auditing and for briefing regarding his Guardian Office assignments. While in Los Angeles, Mr. Meisner had numerous meetings with his immediate superiors, as well as other officials of the Guardian's Office. During the first week of February, Mr. Meisner attended a meeting with the defendants Henning Heldt and Richard Weigand in Mr. Heldt's office on the sixth floor of Fifield Manor. Also present at that meeting were the Deputy Guardian for Finance Mary Heldt, the Deputy Guardian for the Legal Bureau Mary Rezzonico, and the CPA (Certified Public Accountant) US Martin Greenberg, an official in the Finance Bureau. The defendant Weigand, at the defendant Heldt's request told Mr. Meisnetr to attend the meeting. Its purpose was to discuss and analyze the current IRS strategic as revealed in the stolen documents regarding the pending Church of Scientology of California audit. Each person present at that. meeting expressed full knowledge that the documents in question had been stolen from the IRS offices. That same day, Mr. Meisner attended another meeting with Mary Rezzonico and the defendant Gregory Willardson in the defendandt Weigand's office. During that meeting, Ms. Rezzonico, directed Mr. Meisner to instruct the covert agents in the District of Columbia to be alert to any IRS documents regarding a Scientology front organization knonw as the Religious Research foundation (RRF). She was also seeking any information disclosing knowledge by  the IRS of any financial dealings and relationship UL, L.4t-,cts RRF and the Church of Scientology of California.

During the time that he was in Los Angeles, Mr. Meisner also met with the defendants Weigand and Willardson in defendant Weigand's office at the Fifield Manor to discuss the Information Bureau's access to current docments in the possession of IRS. The participants discussed a telex which had been received from the CSG Assistant for Information, Jimmy Mulligan, regarding the access to current information in the office of Mr. Lewis Hubbard of the IRS. The defendant Weigand instructed Mr. Meisner to prepare a report outlining what he had done in that respect and to respond to Mr. Mulligan's telex.

As a result of that directive, Mr. Meisner prepared Government Exhibit No. 46B which begins at page eight of Government Exhibit No. 46. It includes a telex in the name or Richard Weigand responding to Mulligan's inquiry. Mr. Meisner gave that telex directly to the defendant Weigand who approved it in his presence and directed that it be sent to Mr. Mulligan, whose offices were near Clearwater, Florida. Mr. Meisner also prepared a three- age handwritten letter to the defendant Weigand dated 3 February 1976. In it, Mr. Meisner outlined the events which had recently taken place in the District of Columbia, including the forced entry made by Don Alverzo into Mr. Hubbard's office at the IRS. He also detailed how Wolfe gained access to attorney Stephen Friedberg's office in the Chief Counsel's Office by unlocking one of his office doors during the daytime. Mr. Meisner informed the defendant Weigand that Mr. Friedberg had documents relating to the California Church of Scientology audit dated as recently as January 26, 1976. Mr. Meisner handed that report to Mr. Weigand upon its completion.

In a "compliance report" dated 11 February 1976, from the defendant Weigand to Guardian World-Wide Jane Kember, the defendant Weigand reviewed the achievements of the Infor- mation Bureau pursuant to GO 1361 Target 10 and reported compliance with that target. He informed Ms. Kember that all documents withheld by IRS under the FOIA for the period up to March 1975 had been stolem from the IRS. These included documents from the offices of Barbara Bird, Lewis Hubbard, Stephen Friedberg, the Chief Counsel's office, the Office Of, International Operations, the Intelligence Division, and the Special Services Staff. The defendant Weigand also stated that documents turned over by the IRS to the Department of Justice Tax Division and staff attorney Michael Sanders had also been obtained. Mr. Meisner identifies the signature "Dick" appearing on page two of Government Exhibit No. 46 is that or the defendant Weigand. [78]

Government Exhibit No. 58 79/ is identical to the two- page letter from the defandant Weigand to Ms. Kember dated 11 February 1976 (Government Exhibit No. 116). However, Government Exhibit No. 58 is the copy received and reviewed by Jane Kember. Indeed, she notes on the right-hand side of the first page "Dear Dick [Weigand], This is very well done indeed. Thank you for your excellent compliance. Much love, Jane." Following Ms. Kember's review of the document it was received by the defendants Willardson and Weigand who initiated it next to its routing session. [80]

Prior to his return to the District of Colmbia in the third week of February 1976, Mr. Meisner met with the defedant Willardson in the defendant Weigand's office. During the meet- ing, Mr. Meisner showed the defendant Willardson how he and the defendant Wolfe had gained access to locked offices in the IRS building in Washington, D.C., by using a shaped metal device. During subsequent meetings in Los Angeles, California, Mr. Meisner's superiors instructed him that, upon his return to the District of Columbia, he was to obtain IRS documents from the offices of Joseph Tedesco, Jeanne Gessay and Muriel Moritz of the Exempt Organizations Division, Assistant Commissioner for Employee Plans and Exempt Organiza- tions Alvin Lurie, Special Assistants to Lurie Charles Rurpli and Howard Schoenfeld. Mr. Meisner was ordered to obtain all current information at the IRS regarding the Church of Scien- tology of California audit. His superiors wanted to receive sufficient notice of any adverse IRS ruling prior to it's finalization so that they could intervev through their legal representatives and apply whatever neccessary pressure to change the ruling.

J. Mr. Meisner Returns to the District of Columbia

Upon his return to the District of Columbia, Mr. Meisner directed the defendant Wolfe to enter the offices of Joseph Tedesco, Jeanne Gessay and Muriel Maritz and take all documents in their possession regarding the Church of Scientology of California audit. On or about March 4, 1976, the defendant Gerald Bennett Wolfe entered the office of Joseph Tedesco during the daytime and removed the door knob to one of the doors leading to Tedesco's suite of offices. During the nighttime, after working hours, the defendant Wolfe returned to Mr. Tedesco's office and entered it through the door from which the door knob had earlier been removed. Once inside, the defendant Wolfe took all documents related to Scientology from Mr. Tedesco's files, photocopied them using IRS photo- copying equipment and supplies and returned the deocuments to  the office of Mr. Tedesco. He stole the copies of those documents and gave them to Mr. Meisner at a previously sched- uled weekly meeting at a pool hall located in nearby Arlington, Virginia. Mr. Meisner summarized the stolen documents in a memorandum dated 4 March 1976, addressed to the defendant Mitchell Hermann, under his alias Mike Cooper. The document entitled "Re: Joseph Tedesco - Current IRS Situation" stated that "[t]he attached concerns Joseph Tedesco's area (Director of the Exempt Organizations Division . . . IRS National office) and includes the totality of Scientology correspondence in his area." Appended to the memorandum were five pages of the stolen documents. (See Government Exhibit No. 59.) [81] Mr. Meisner then forwarded the memorandum and attached stolen documents to the defendant Hermann, who as Southeast U.S. Secretary, was now receiving all such correspondence. A copy of the memorandum and stolen documents was sent to the CSG, defendant Mary Sue Hubbard, as reflected in the routing portion or the document. [82]

The offices of Mr. Tedesco of the Exempt Organizations Division of the IRS, were located at the main IRS building at 1111 Constitution Avenue, N.W. in March 1976. Mr. Tedesco has reviewed the March 4, 1976 memorandum of Mr. Meisner and has located the docutients reffered to in that memorandum in his files. Tedesco states that these documents were in his care, custody and control on or about March 4, 1976. He further states that he did not give per- mission to the defendant Wolfe to enter his office and take the documents referred to in Government Exhibit No. 59 or make photocopies of those documents.

On or about March 10, 1976, the defendant Gerald Bennett Wolfe entered the office of Jeane Gessay of the IRS, without permission, and took documents related to the then- ending audit of the Church of Scientology of California. He stated to Mr. Meisner that after taking the documents he photocopied them on an IRS photocopyinrg machine, using equipment and sup- plies which were the property of the United States of America. He then returned the original documents to Ms. Gessay's office and removed the copise of the documents out of the IRS main building and gave them to Mr. Meisner for the use of Scientology. The defendant Wolfe did not have authority to enter the office of Ms. Gessay. In fact, he did not have authority to even enter the offices of Mr. Tedesco according to defendant Wolfe's supervisor, Leon Kennedy. Upon receipt of the stolen documents, Mr. Meisner summarized them in a memorandum dated 10 March 1976 entitled "Re: Current IRS Situation - Jeanne Gassay [sic] Material". Mr. Meisner appended to that memorandum the stolen documents and forwarded them to Southeast U.S. Secretary Hermann (a/k/a Mike Cooper), and sent a copy to the CSG, the defendant Mary Sue Hubbard. (Government Exhibit No. 60). [83] By a transmittal memorandum dated March 24, 1976 the defendant Herman (Mike Cooper) , forwarded Mr. Meisner's memorandum and supporting documents to World-Wide stating that "[a]ttached is a set of handwritten notes in Jeanne Gessay's area". That memorandum stated, next to the entry "CC: CSG" in the routing portion, "(Sent by DC)". Mr. Meisner identifies the handwriting of that notation as well as the notation next to it as having been written by the defendant Hermann. Additionally, Mr. Meisner identifies the initials next to the "DG US" title as having been written by the defendant Heldt.

On March 10 1976, Ms. Gessay was the chief of Ruling Section I of the Exempt Organizations Division. Her section had been assigned to give its "technical" opinion regarding certain issues related to the audit of the Church of Scientology of California. Thus she states that in March 1976, she had in her files the documents summarized in the Meisner memorandum of 10 March 1976. Indeed, she has checked her files and the  same documents are still located therein. [84] Ms. Gessay states that she did not give permission to the defendant Wolfe to enter her offices on March 10, 1976, take documents from her files, photocopy them and Lijrn over the photocopies to the Guardian's office of the Church of Scientology. [85]

In recognition of Mr. Meisner's accomplishments with respect to GO 1361 target 10, the defendant Mitchell Hermann, in his capacity as Southeast U.S. Secretary, recomended to Guardian World-Wide Jane Kember that Mr. Meisner be issued an award. (Government Exhibit No. 68.) [86] In his "CSW" to Kember, the defendant Hermann stated. that during the previous year and a half "10-12 feet of material was obtained from 1361 agency from a late number of different areas. The material provides the most extensive set of files on Scientology which I know of obtained by this means in the US." He pointed out that the collection of data "included various forms of "CDC" [covert data collection]." He explained that Mr. Meisner had "overall responsibility" for the theft and maintenance of the "steady stream of data out this area and to provide data needed for prediction on the future actions of this agency." The IRS was the agency covered by GO 1361 target 10. The defendant Hermann requested that Mr. Meisner be given an award in the form of three advanced auditing courses, and appended a proposed award letter for the signature of L. Ron Hubbard. [87]

K. The Entry into the IRS Identification Room and the Making of Counterfeit Identification Cards

In the early part of March 1976, the defendant Mitchell Hermann directed Mr. Meisner to obtain IRS identification cards for himself, which he could use to enter the IRS building, as well as in other operations pursuant to that directive, on or about March 15, 1976, the defendant Wolfe and Mr. Meisner entered the IRS building at 1111 Constitution Avenue, Northwest, using the defendant Wolfe's IRS identification card. They proceeded to the IRS identification room which was located on the first floor of that building, where Mr. Wolfe had been two weeks earlier in order to obtain a legitimate identification card for himself. Mr. Meisner and the defendant Wolfe forced the door open by using a metal sheet device, and then entered the darkened room using a small flashlight. Once inside, Mr. Meisner located a booklet giving instrucions on the use of the photographing equipment. Mr. Wolfe took blank identification cards and typed in two fictitious names for himnelf, an well as two fictitious names for Mr. Meisner The defendant Wolfe typed the name "Thomas Blake" on one of his identification card blanks and the name "John M. Foster" on one of Mr. Meisner's identification card blanks. Mr. Meisner then placed the defendant Wolfe's false identification card blanks into the photographing Equipment and took photo- graphs of the defendant Wolfe. Then Wolfe placed the Meisner cards into the photographing machine and took photographs of Mr. Meisner. Mr. Meisner obtained the badge number which was placed on the identification card blanhs from a book which was maintained by the IRS identification room and which listed all cards which were issued by them. Mr. Meisner selected those numbers from numbers which had previously been issued by the internal Revenue Service. On the "Foster," identifi- cation card of Mr. Meisner, was typed the date of issue "3-15-76", (See Government Exhibit No. 61), and on the "Blake" identification card of the defendant Wolfe "3-17-76" was typed as the date of issue. [88] Mr. Meisner and the defendant Wolfe then left the IRS buildinr, taking with them the false  and fraudulent IRS cards which they had made. Neither Mr. Meisner nor the defendant Wolfe had permission or authority to make those identification cards or be in possession of them. 89/ Mr. Meisner took the defendant Wolfe's identifi- cation cards in order to place on them the required clear plastic covering because he was unable to uer the machine in the identification room. After doing this, Mr. Meisner returned them to the defendant Wolfe. John Probst, Chief of the Space and Protective Management Division in March 1976, states that the identification room was always kept locked and that at no time were Mr. Meisner or the defendant Wolfe given permission to either enter that room while locked or to make any identification cards. [90]

L. Guardian Program Order 302 and the Theft of Documents Withheld by the United States Under the FOIA.

On March 2, 1976, the defendant Cindy Raymond wrote a "CSW" to the defendant Mary Sue Hubbard requesting her approval for a proposed new Guardian Program Order to be issued pur- suant to the overall Snow White Program. (Government Exhibit No. 66). [91] The defendant Raymond suggested a Bureau I program "to obtain non-FOI 92/ data to parallel and back-up the Snow White Pgm." She explained that Bureau I "over the past year, has been obtaining data that is not FOI" pursuant to, among others, GO 1361. This illegally obtained data had been valuable to understand 'the behind the scenes' activity or the enemy." The defendant Raymond attached to her letter the actual proposed Guardian Program Order which she had entitled "Snow White Subprogram Hunter, Hunter X". (Government Exhibit No. 65). 93/ Its targets included the obtaining of all desired files in government agencies by "job penetration" and other types of infiltration. The "CSW" was proccessed through, and approved by, all the high officials of the Informa- tion Bureau, both in the United States and at World-Wide headquarters in England, who initialed it. In the case of a "CSW" whenever an official initialed the document it indicated his approval or the acticns proposed by the "CSW".

Mr. Meisner recognizes the handwriting of the following persons next to their titles: the derendant Willardson ("GW 2 Mar OK"), the defendant Weigand ("D OK 3/3"), the defendant Heldt (his initial), and the Deputy Guardian for Information World-Wide Mo Budlong ("MB 17/3/76"). Handwriting expert James Miller positively identifies the handwritten notation "Dear Cindy--Approved--this aligns with what Bur I. has been  doing beautifully. Love, Mary Sue", as having been written by the defendant Mary Sue Hubbard. Mr. Meisner also identifies the defendant Hubbard as the writer of both that notation and the signature "MS Hubbard Mar. 27, 76", and Ms. Kember as the writer of the signature "JKember" next to the word "approved" on page two. Mr. Miller also positively identifies the signature of the defendant Hubbard next to the word "approved" as being in the defendant Hubbard's handwriting, and the signature or the defendant Raynmond at the end of page two as in her handwriting.

On the same day that the defendant Hubbard approved the "CSW" of the defendant Raymond, Guardian Program Order 302 was issued in its final form by Guardian World- ide Jane Kember. (Government Exiiibit No. 67). [94] In its final form GPO 302 directed that all those assigned to execute it

[U]se all possible lines of approach to obtain the files on Scientology, LRH, Dianetics (and other Scn names) that cannot be obtained on FOI lines] ie. job penetration; janitor penetration; suitable guises utilizing covers, etc. . . .

(Vital target I and major target).

The order also directed that covert agents ("FSMs"), be recruited for the project and that nothing be done in such a manner as "to reflect back on the Church." 95/ The defendant Raymond designated Mr. Mesiner to carry out vital targets I through 4 as part of his duties in the District of Columbia. [96]

M. Entries into the Suite Of Offices of the Deputy Attorney General of the United States

In early April 1976, the defendant Cindy Raymnond ordered Mr. Meisner to obtain internal Department of Justice files regarding proposed amendments to the FOIA which the Department of Justice was about to send to Congress. Meisner learned  through his own research, that such proposals would normally be made by the Deputy Attorney General of the United States and his staff. Therefore, in early April 1976, the defendant Wolfe and Mr. Meisner entered the United States Department of Justice at 9th and Pennsylvania Avenue, N.W. , in Washington, D.C., to locate the documents wanted by the defendant Raymond. Mr. Meisner used his false IRS identification card in the name of "John M. Foster" and the defendant Wolfe used his own IRS identification card. They both then burglarized  the fourth floor suite of offices of Deputy Attorney General Harold R. Tyler Jr., where by rummaging throuh the files, they located a series of memoranda which the Department of Justice was about to send to Congress outlining it's position on proposed amendments to the FOIA. The two men forced open the door to these offices by using a metal sheet to slip the lock latch. The defendant Wolfe and Mr. Meisner photocopied these documents using Justice Department photo- copying equipment and supplies, returning the documents to the files, and stole the copies. Mr. Meisner, sent these stolen documents with memoranda summarizing them to his superiors in Los Angeles as well as to the "CSG", defendant Mary Sue Hubbard. In the process of looking for the FOIA memoranda within the Deputy Attorney General's suite, Mr. Meisner and the defendant Wolfe had seen but did not steal the so-called "DeFeo Report" -- an investigation of the Drug Enforcement Administration conducted by the Department of Justice.

Coincidentally, a few days after the Justice Department entry, the defendant Cindy Raymond wrote Mr. Meisner that she had learned that the Justice Department had conducted an investigation of the Drug Enforcerent Administration, which she directed him to get. The defendant Raymond explained that the Church of Scientology had just lost an FOIA case which it had initiated against DEA, and that it intended to appeal the lowcr court's decision. In that context, the Guardian's Office wanted to obtain the DEA investigation report and covertly leak the report to the press to create an adverse campaign against DEA which might aid Scientology in its FOIA appeal. Therefore, on or about April 9, 1976, the defendant Wolfe and Mr. Meisner once again entered the Department of Justice building located at 9th and Pennsylvania Avenue, N.W., with Mr. Meisner using his counterfeit IRS identification card. They forced the door to the suite of offices of the Deputy Attorney General in the same manner that they had previously done, and eventually entered the offices of Associate Deputy Attorney General Togo D. West, Jr. Mr. Meisner, recalling where he had previously seen the "DeFeo Report", took it from a file cabinet Mr. West's secretary's office. The report was in two parts with an additional file of supporting raw data. The defendant Wolfe and Mr.  Meisner photocopied all three parts using equipment and supplies of the United States Government located within the Department of Justice, returned the documents to Mr. West's office, and stole the copies. Mr. Meisner then summarized each file in a series of three memoranda, dated 9 April 1976, which he forwarded to "Br I Dir Nat'l", the defendant Raymond, via "SE US Sec", the defendant Hermann/Cooper with a copy to the "CSG", defendant Hubbard (Govcernment Exhibits Nos. 69, 70 and 71). 91/ Following his established practice, Mr. Meisner, numbered each page of the stolen documents in the lower right-hand corner of the document.

Mr. Togo D. West, Jr. was employed as Associate Deputy Attorney General of the United States until April 23, 1976. In that capacity, he received the DeFeo Report in early 1976. He recalls that there was only one copy of that report and supporting raw data in the Office of the Deputy Attorney General. West did not give permission to Mr. Meisner or the defendant Wolfe to take copies of the DcFeo Report. Indeed its distribution was severely limited.

Two weeks following the entry into the Department of Justice's Office of the Deputy Attorncy General, Bruce Raymond, the National Operations Officer of the Information  Bureau in the United States, directed Mr. Meisner to release the stolen DeFeo Report to the _Village_Voice_ Newspaper in Now York under the cover of a disaffected Department of Justice employee. To that end, Mr. Meisner went to New York, where he telephoned a reporter for the Village Voice. Mr. Meisner, as ordered, identified himself as a disaffected Department of Justice employee who was offering the reporter a confidential report on an investigation of DEA conducted by the Justice Department. Mr. Meisner mailed to the reporter half or the DeFeo Report but never completed the operation because of the Courthouse incident which was to occur on June 11, 1976. See page 172, _infra_ [98]

N.  Burglaries or the Office of International Operations of the Internal Revenue Service and Theft of Documents Therefrom

During the second week of April 1976, the defendant Hermann sent a written order to Mr. Meisner directing him to obtain all files on L. Ron Hubbard and the defendant Mary Sue Hubbard from the Office of International Operations of the IRS. Appended to the defendant Hermann's order was a report from "CPA US" Martin Greenberg of the Finance Bureau stating that he had received notice from the IRS that the incomie tax return of the Hubbards was being audited. Mr. a ti Greenberg also indicated that Mr. Thomas Crate of OIO was the tax auditor assigned to the Hubbard case. Inasmuch as all materials which dealt with L. Ron Hubbard and Mary Sue Hubbard personally, received top priority within the Guardian's office, Mr. Meisner soon located the office of Mr. Crate by using a recent IRS directory obtained by the defendant Wolfe. On or about April 14, 1976, at approximentaly 7 00 p.m., the defendant Wolfe and Mr. Meisner, proffering his false "Foster" IRS identification card, entered the building housing the Office of International Operations at 1325 T. Street, N.W., in Washington, D.C. They proceeded to the tenth floor where, according to the IRS directory, Mr. Crate's office was located but were unable to enter it because the door was locked. A cleaning lady who noticed the defendant Wolfe and Mr. Meisner acting in a suspicious manner notified the security guard who confronted Meisner and Wolfe. The security guard was satisfied by Mr. Meisner's false IRS credentials and the defendant Wolfe's genuine IRS identification card. The cleaning lady thereupon opened the door to the office of Mr. Crate. Since the room contained so man desks, it took nearly thirty minutes to find Mr. Crate's desk. Once they did, Mr. Meisner took all documents relating to the Hubbard audit. Meisner then discovered that Mr. Crate's superior was Howard Rosen and proceeded to check his desk as well. Inside one of the drawers he found a key to Rosen's file cabinets. In them Mr. Meisner found several thick files on the Hubbards and Scientology. They took all the files; however, they could not find a photocopying machine within that building. Mr. Meisner decided to take the files to the main IRS building in order to photocopy them. Thus, the defendant Wolfe and Mr. Meisner went into the IRS building. where Mr. Meisner again used his false IRS identification card to gain entry. Inside the main IRS building, Mr. Meisner  and the defendant Wolfe photocopied all OIO documents using United States government property and supplies. They then returned the documents to OIO, once again, signing the false name of "John M. Foster." After replacing the files in Mr. Roscen's file cabinet and Mr. Crate's desk, they stole copies of the documents for the use of Scientology. The operation was completed around 11 p.m.

On or about May 15, 1976, the defendant Wolfe and Mr. Meisner again entered the Rosen-Crate area in order to obtain all iicii documents regarding the Hubbard's audit. Such docu- ments were found only in the desk of Thomas Crate, although Rosen's files were also rechecked. This time Mr. Meisner  and the defendant Wolfe entered the office of Mr. Crate with the assistance of the cleaning lady who recognized Mr. Meisner. The two men made a third and final entry at the end of July, but no more recent documents on the audit were found.That time as well, the defendant Wolfe and Mr. Meisner entered the building using Mr. Meisner's counterfeit IRS identification card, and regained entry to the office  with the assistance of a cleaning lady. On neither occassion, did Mr. Meisner or the defendant Wolfe have permission to enter the OIO building or the office of Messrs. Crate or, Rosen, take documents from their files out of the building, photocopy the files using United States Government property and permanently deprive the IRS and OIO of the copies of the documents. Following each of the first two entries, Mr. Meisner summarized the stolen documents in memoranda addressed to the defendant Mitchell Hermann/Mike Cooper, with a copy of the memorandum and stolen documents sent to the "CSG", defendant Mary Sue Hubbard. The documents obtained during the first entry were summarized in four memoranda - one of one or which was dated 15 April 1976 (Government Exhibit No. 73), and three dated 19 April 1976 (Government Exhibits Nos. 74-76). 99/ Government Exhibit No. 73 was entitled "'Re: OIO LRH File-Current Data". Government Exhibit No. 74 covered "OIO File On LRH-January, 1974 - April, 1974" Government Exhibit No. 75 covered the period April 1974 to March 1976. Government Exiiibit No. 76 dealt with those documnets prior to December, 1973. The documents obtained during the second entry were summarized in a 17 May 1976 memorandum by Mr. Meisner entitled "Re: Update On IRS OIO Activity On LRH/MSH". [100] (Government Exhibit No.77.) [101]

In April and May 1976, Mr. Howard Rosen was a group manager at the Office of International Operations of the IRS. He had under his care, custody and control all the files relating to the audit of L. Ron Hubbard and the defendant Mary Sue Hubbard. Mr. Rosen  himself supervised the Hubbard's audit from July 1973 to October 1973 when the case was assigned to Mr. Jeffrey Tobin also of that office. In January 1976, Mr. Rosen returned to OIO and the case was reassigned to him. The Hubbard audit case for the years 1971 and 1972 was not closed until June 1976 when Mr. Hubbard paid an adjustment tax. The individual within Mr. Rosen's group who worked on the audit was Thomas R. Crate. In April and May 1976, Mr. Rosen kept all his files in a file cabinet located near his desk. The file cabinet was kept locked at all times, and he had the only key to those cabinets. He kept that key in his desk drawer. Mr. Rosen reviewed the Meisner memoranda marked Government Exhibits Nos. 73-77, and concludes that all documents summarized therein were then, and still are in his care, custody and control.

O. Burglaries and Thefts of Documents From the Department of Justice in Washington, D.C.

1. Office of Paul Figley

The defendant Sharon Thomas began her employment at the Department of Justice in Washington, D.C., on February 29, 1976. She was assigned as a secretary to two trial attorneys in the Information and Privacy Unit or the Civil Division. Soon after her employment, she stole documents from that Unit which were the basis for a number of pending Scientology-initiated FOIA lawsuits. She took all those documents after working hours or on weekends. The defendant Thomas met on a weekly basis, on either a Monday or a Tuesday, with Mr. Meisner at one of several locations in nearby Arlington, Virginia. The locations included the Lum's and Three Chefs Restaurants as well as at her own apartment. Mr. Meisner instructed her to obtain all files on Scientology from the office of Department of Justice attorney Paul Figley who was supervising the Freedom of Information Act cases within the Department. After collecting all the documents within  Mr. Figley's office, she was to monitor his office and take any new documents placed in his files. The defendant Thomas was also directed to be attentive to Mr. Figley in the hopes that she might become his secretary and have immediate access to all his files. [102] She was also instructed to overhear all the phone and office conversations and make notes of any matter relevant to Scientology.

On or about April 26, 1976, the defendant Thomas entered, without permission, the office of Mr. Figley and took from his files numerous documents which were the source of a pending FOIA lawsuit brought by Scientology against the Energy Research and Development Administration (ERDA), which had been assigned to Mr. Figley. She then photocopied the docu- ments on a photocopying machine within the Justice Department main building using United States Government supplies and equipment after replacing the documnets in Mr. Figley's office, she stole the photocopies and gave them to Mr. Meisner at their next regularly scheduled meeting. On 26 April 1976, Mr. Meisner sent a memorandum to the defendant Hermann/Cooper which summarized the documents, and to which were appended the stolen documents themselves. He also sent a copy to the "CSG". defendant, Mary Sue Hubbard (Government Exhibit No. 78) 103/ One of the documents which Mr. Meisner appended to his memorandum to the defendant Hermann was an April 6, 1976, letter from ERDA Assistant General Counsel for Litigation and Legislation Guy H. Cunningham, III, to Paul Figley regarding the United States' position in the pending Scientology initiated FOIA civil action. (Government Exhibit No. 79). 104/ That document is summarized in Meisner's memorandum (Government Exhibit No. 78, page 1, paragraphs 1-4). At the lower right- hand corner of Government Exhibit No. 79 are the Meisner handwritten numerals "1" and "2" ,411icli he placed thereon upon receipt of the documents from Ms. Thomas. All underlinings and numerals placed in the left-hand margin of the documents were made by Mr. Meisner.

2. Interpol Liaison Office at the Department of Justice

The defendants Raymond and Hermann along with Tom Reitze, the Information Bureau Snow White Program In-Charge, repeatedly reminded Mr. Meisner of the high priority of the orders re- garding the collection of data and documents from Interpol. Nine nonths earlier, Guardian World-Wide Jane Kember had issued Guardian Program Order 9 (GPgmO 9) which specifically addressed itself to Interpol. GpgmO 99, entitled "Snow White Confidential" ordered that the Guardian's Office must:

Through infiltrators or clandestined agents obtain all details of any reports of requests for data on LRH, Scientology, OTC [Operations and Transport Company]  105/ Apollo, etc. from US police and/or US NCB [National Central Bureau of Interpol) to IP [Interpol] International or any other NCB or from IP International or any other NCB to US Police and/or US NCB.

(Target 10).

GPgmO 9, which was issued on June 27, 1975, (Government Exhibit No. 63) was written by Deputy Guardian for Information World-Wide Mo Budlong. Government Exhibit No. 63 shows that target 10 which had been assigned to Branch I Director, the defendant Willardson, and "SW I/C" (Snow White in Charge) Reitze was completed on 3 June 1976 with the burglaries of Assistant United States Attorney Nathan Dodell's office. [106]

Nancy Douglass, Scientology's covert operatLive at the Drug Enforcement Administration, informed Mr. Mesiner that an Interpol Liaison Office had been newly created at the Department of Justice. That Office was to be the first step in the eventual transfer or the Interpol National Central Bureau for the United States from the Department of the Treasury to the Department of Justice. Ms. Douglass had attempted unsuccessfully to obtain employment at the Interpol Liaison Office. Thus, it became neccessary for Mr. Meisner to obtain the documents from that office through other means. Beginning in April 1976, and continuing until late May 1976, Mr. Meisner and other Scientology operatives made a number of entries into the Interpol Liaison Office to obtain the documents regarding Scientology. The first entry was made in early April by the defendant Wolfe and Mr. Meisner. They entered the main Justice Department Buillding located at 9th and Pennsylvania Avenue, Northwest, in Washington, D.C., shortly before 5:30 p.m., using Mr. Meisner's false IRS identification card. They waited until all personnel had left the Interpol Liaison Office on the sixth floor, then entered, without permission, that office. They found a number of locked file cabinets, as well as two locked safes. Then, thirty minutes later, after having searched in vain throughout the entire suite of offices for keys to the file cabinets, the defendant Wolfe and Mr. Meisner left the building. One week later, they made a second entry into the Justice Depart- ment, once again using the Meisner fake identification to gain entry. Mr. Meisner brought a variety of lock-picking tools to open the file cabinets within the Interpol Liaison office. Once again he was unsuccessful and they left the building. On a third occasion, in mid-April, the defendant Sharon Thomas entered the Justice Department Building with Mr. Meisner; this time they looked through the office for a combination to the safes and eventually found it in a file card box on a secretary's desk. After opening one of the two safes, they found the keys to the file cabinets and gained access to the documents. They took some three to four inches of documents out of the sixth floor Interpol offices to the fourth floor photocopying machine where they made copies or all the documents with United States Government equipment and supplies. Some two hours later, the defendant Thomas and Mr. Meisner left that building with stolen copies of the documents. Mr. Meisner made one more entry into the Interpol Liaison Office with the defendant Sharon Thomas and Scientology covert operative Michael Baun, through the use of Mr. Meisner's counterfeit IRS identification card. Because the Guardian's office officials wanted _all_ Interpol documents whether re- lated to Scientology or not, Mr. Meisner, not only took some documents on this occasion but also directed the defendant Thomas and Mr. Baum to make weekly entries into that office where they were to methodically examine each file cabinet for any Interpol documents. The documents taken on this occasion were photocopied using the fourth floor Justice Department photocopying equipment as well as United States Government supplies. The documents were returned to their original loca- tion and the copies wore stolen. Mr. Meisner then summarized the stolen documents in two separate memoranda dated 28 April 1976 which he sent to the defendant Raymond, who, as Branch I Director National, had supervision over Interpol matters. (Government Exhibit No. 80). 107/ The memoranda with attached stolen documents were forwarded via Southeast U.S. Secretary, the defendant Hermann/Cooper. The stolen documents related to to a symposium for the heads of police colleges which Interpol was to hold in September 1976, Interpol's history, and terrorism. Upon receipt of the Meisner memoranda, the defendant Raymond forwarded them and the documents to World- Wide. [108]

Over the next month the defendant Thomas and Mr. Baum burglarized the Interpol Liaison Office at the Justice Depart- ment on at least three occasions. Those raids netted some three feet of copies of Interpol documents. On each ocassion they used the photocopying equipment and supplies located on the fourth floor of the Department of Justice main building and stole the copies. The documents were given to Mr. Meisner who in each instance excerpted the documents in memoranda identical to Government Exhibit No. 80. (See Government Exhibit Nos. 85 and 86.) [109] Government Exhibit No. 81 is a 3 May 1976 Meisner memorandum summarizing stolen Justice Department correspondence on Interpol for the period October 1957 to May 1969. Appended to that memorandum, among others, were Government Exhibits Nos. 82-84, which have Mr. Meisner's handwritten numerals in their lower-right hand corner as well as other Meisner underlinings and notations. [110] Government Exhibit No. 85 contains two 17 May 1976 memoranda and one 12 May 1976 memorandum by Mr. Meisner to the defendant Raymond summarizing other Justice Department Interpol documents. Similarly, Government Exhibit No. 86 is a 28 May 1976 Meisner memorandum to the defendant Raymond summarizing nine pages or appended Interpol Liaison Office documents regarding a General Accounting Office (GAO) audit. Each of those memoranda were forwarded by the defendant Raymond to World-Wide. [111] Neither the defendant Thomas nor Mr. Meisner had permission to enter the Interpol Liaison Office, take the documents out of that office, or steal the photocopies for the use of Scientology.

3. Offices of Special Assistant to Assistant Attorney General for Administration John F. Shaw

During the year 1975, a Senate Committee had conducted hearings concerning Interpol. In 1976, the Guardian's office of the Church of Scientology was strongly advocating the re- opening of such hearings to dispute the United States' con- tinued participation in that organization. In this regard, Hugh Wilhere, an official of the Public Relations Bureau of the District of Columbia's Guardian's Office, informed Mr. Meisner that he had met with Special Assistant to Assistant Attorney General for Administration, John F. Shaw, whom he had learned was supervising the transfer of Interpol from the Treasury Department to the Department of Justice. Based on this information, and pursuant to the order contained in "Gpgmo 9", Mr. Meisner began monitoring Mr. Shaw's office for Interpol related documents. On three occassions, on or about April 29, May 8 and May 17, 1976, the defendant Sharon Thomas and Mr. Meisner entered the Department of Justice Building after 5:30 p.m using the defendant Thomas' Department of Justice identification card, in order to steal copies of documents from Mr. Shaw's office. On each occasion, the defendant Thomas met Mr. Meisner outside the Justice Depart- ment building.

On or about, April 29, 1976, following thier entry into the main Department of Justice building, located at 9th and Pennsylvania Avenue, N.W., in Washington, D.C., they proceeded to the first floor office of Mr. Shaw. Mr. Meisner forced open the locked door to the Shaw suite of offices by inserting a plastic sheet the size of a credit card to slip the latch. Once inside the suite, they went through a secretary's office which led into Mr. Shaw's personal office. On his desk was a five to six inch high stack of documents, all related to Interpol. Mr. Meisner placed these documents in his briefcase and, together with the defendant Thomas, went to the fourth floor where they both photocopied the documents using Department of Justice photocopying equipment and supplies located nearby. Thereafter, they returned the documents to Mr. Shaw's desk. The copies of the documents were then taken, without permission, in Mr. Meisner's briefcase to the Guardian's Office of the Church of Scientology at 2125 S Street N.W., Washington, D.C. Mr. Meisner excerpted one hundred and twenty four pages of some eight hundred pages of stolen documents in a memorandum to the defendant Raymond, dated 30 April 1976, entitled "Re: Current Feud Between Justice and Treasury - Justice Takeover of Interpol NCB" (Government Exhibit No. 87). The documents, which Mr. Meisner appended to his memorandum, each contain both his handwritten numerals in their lower right-hand corner as well as his underlining and notations in the left-hand margin. (Govern- ment Exhibits Nos. 88-92). 112/ Upon receipt of that memorandum, the defendant Raymond forwarded it, and the documents appended thereto to World-Wide stating that "the data is really fascinating." [113]

On or about May 17, 1976, 114/ the defendant Sharon Thomas and Mr. Meisner entered for the third time, after working hours, the Department or justice, this time by displaying the identification card of Ms. Thomas. They proceeded to the first floor offices of Mr. Shaw which they entered by again forcing open the door using a credit card like device. They there took from Mr. Shaw's office current data which Mr. Shaw had received regarding Interpol in general and, in particular, a an audit which was then being conducted by the General Accounting Office. All of these documents had been classified for "Limited Official Use". The defendant Thomas and Mr. Meisner photocopied these documents in the same manner as they had on April 28, and May 8, 1976. Just as on the prior two dates, they removed from the building the stolen copies. Mr. Meisner then summarized the documnets in a 17 May 1976 memorandum to the defendant Raymond which was sent via the defendant Hermann/Cooper. The appended stolen documents bear Mr. Meisner's hadnwritten numerals in  the lower right-hand corner. [115]

In April and May 1976, Mr. John F. Shaw was, in fact, the Special Assistant to Assistant Attorney General for Administra- tion Glenn Pommerening, Jr. Mr. Shaw's offices were located In Room 1103 on the first floor of the main Department of  Justice building at 9th Street and Constitution Avenue, Northwest, In Washington, D.C. In that capacity he was the main coordinator of the Justice Department's internal review concerning the transfer of Interpol from the Department of  the Treasury to the Department of Justice. He maintained all his files on Interpol on shelves in an unlocked closet behind his desk. He has reviewed the Meisner memoranda referred to herein and the documents appended thereto and, states that they were in his office on the dates of the memoranda. Indeed, they still are in his files. Many of  these documents contain his handwritten notations while others are specifically addressed to him. He did not at any time give permission to the defendant Thomas or Mr. Meisner to enter his offices, take these documents, photocopy them, or take the copies for the use of Scientology.

P. Burglaries and Thefts of Documents  from Assistant United States Attorney Nathan Dodell's Office, Located in the United States Courthouse for the District of Columbia

On April 14, 1976, during a Scientology FOIA case chambers hearing, United States District Judge George L. Hart, Jr. queried Assistant United States Attorney Nathan Dodell on the record and in the presence of Walter G. Birkel, Jr., Esquire, counsel representing the Church of Scientology, whether the United States had considered taking a deposition of L. Ron Hubbard. Mr. Dodell responded that it was an "interesting thought". which he would discuss with the Depart- ment of Justice. 116/ (Government Exhibit 96 at P. 3). [117] On April 20, Paul Klopper, the Branch II Director for the Legal Bureau in the United States, notified by memorandum the defendant Richard Weigand about this colloquy in Judge Hart's courtroom and suggested an investigation be initiated. In a letter dated 27 April 1976, and entitled "Re: LRH Safety", the defendant Weigand wrote the defendant Hermann/Cooper appending to the letter the Klopper memorandum. In his letter, the defendant Weigand ordered that the following actions be "done on a very high priority and as fast as  possible:"

A. A complete ODC [Overt Data Collectiom] and CDC [Covert Data Collection] on Judge Hart. (this can fall under the targets of GPgmO 301 but must be done very fast)

B. Get a line in the JUDY area [118] for immediate feedback of any proposed intention to deposition LRH. Telex all data found. You should also check out the flow line on which this type of  deposition would travel and keep a daily monitor of the line.

C. Get some type of line into Dodell (similar to the successful suitable guise line you had when you were in DC) and keep tabs on what his intentions are in the area of depo- sition of LRH.

D. Also see if we can do some type of JUDY action 119/ in Dodell's area to get data predicting any action to deposition.

The defendant Weigand instructed that in conducting the investigation on Judge liii-t, the defendant Hermann/Cooper should "Be sure to look for any data legal could use to get him removed from the cases". On the same day, the defendant Weigand informad the defendant Raymond of the directive he had issued to the defendant Hermann/Cooper (Government Exhibit No. 96 at p. 4).

In late April, the defendant Hermann/Cooper directed Meisner, in writing, to execute the order contained in the letter of the defendant Weigand of 27 April 1976. Appended to the defendant Hermann/Cooper's directive were the Weigand and Klopper letters in Government Exhibit No. 96. [120] Mr. Meisner immediately notified the defendant Thomas to be alert to any possible decision to subpoena L. Ron Hubbard. Mr.  Meisner then directed his own attention to Assistant United States Attorney Nathan Dodell.

On or about May 7, 1976, the defendant Gerald Bennett Wolfe and Mr. Meisner entered the United States Courthouse for the District or Columbia located at 3rd Street and John Marshall Place, N.W., in Washington, D.C., around 4:00 P.M. and went to the 3rd floor which housed the United States Attorney's Office. Their purpose was to reconnoiter the area and locate the offices of Mr. Dodell. They proceeded directly to the third floor District of Columbia Bar Asso- ciation Library, and from there went to the area housing Civil Division of the United States Attorney's Office. Eventually, they located Mr. Dodell's office in the back part of the Civil Division area, off of a hallway near a key-operated elevator and the rear door of the D.C. Bar Association Library. They then searched for a photocopying machine, and found one coin operated machine in that library, and two other larger machines within the United States Attorney's Office next to the Fraud Division. At 5:30 p.m., they returned to Mr. Dodell's office and found the door locked. After trying unsuccessfully to force the open the door with a metal sheet, they left the building.

Mr. Meisner instructed the defendant Wolfe to return to the Courthouse in the daytime and inspect the latch on Mr.  Dodell's door to determine how to gain access. A few days later, the defendant Wolfe telephoned Mr. Meisner at his office at the Church of Scientology at 2125 S Street, N.W., Washington, D.C. and told him that he was calling from Mr. Dodell's office. The defendant Wolfe informed Mr. Meisner that Mr. Dodell's secretary had apparently left her keys on her desk. Mr. Meisner directed the defendant Wolfe to take the keys and meet him on John Marshall Place, N.W. Half an hour later, the defendant Wolfe and Mr. Meisner located a locksmith at Seventeenth Street and Columbia Road, N.W., where they obtained duplicates of some of the keys. They then both returned to the United States Courthouse, and Mr. Meisner dropped the keys in the hallway adjacent to Mr. Dodell's office. Both men then left the Courthouse.

On May 21, 1976, at approximately 6:30 to 7:00 p. m., the defendant Wolfe and Mr. Meisner entered the Courthouse building at 1111 Constitution Avenue, N.W. They drove from there to the United States Courthouse. Mr. Meisner entered the building using his IRS credentials and signed in using the name "John M. Foster". They informed the General Services Administration (GSA) security guard that they were going to the District of Columbia Bar Association Library to do legal research. The guard called the Bar library and inquired whether they would be permitted to enter. Having been informed that they could use the library, the security Guard issued Mr. Meisner an elevator key. The defendant Wolfe and Mr. Meisner then proceeded to the Bar library on the third floor, where the defendant Wolfe and Mr. Meisner signed the library log using the names "J. Wolfe" and "John Foster", respectively. (See Government Exhibit No. 97.) They walked to the back of the library where they removed some legal books from the shelves, placed them on a table and pretended that they were doing research. A few minutes thereafter, the  defendant Wolfe and Mr. Meisner passed through the back door of of the library onto the hallway off of which Mr. Dodell's office was located. Using the  duplicate keys, they forced open the door to Mr. Dodell's office and entered the office without permission. The defend- ant Wolfe and Mr. Meisner examined Mr. Dodell's unlit office by flashlight and found a current file on Scientology. Mr. Meisner took that file as well as a number of other files from one of Dodell's file cabinets. They walked through the third floor hallways to the Offices of the United States Attorney for the District of Columbia and the two photocopy machines which they had located on May 7. They there photo- copied approximately six inches of documents on Scientology and Interpol using United States Government supplies and equipment. They returned the documents to Mr. Dodell's files and the copies were placed in Mr. Meisner's briefcase. The defendant Wolfe and Mr. Meisner left the Courthouse at approximately 11:00 p.m., and returned to the parking lot at the main IRS building on Constitution Avenue, N.W. Mr. Meisner then returned to his office at 2125 S Street, N. W., and immediately telephoned the defendant Weigand to inform him that he and the defendant Wolfe had burglarized Dodell's office and stolen copies of the Interpol documents located therein. These were the documents which the United States Guardian's Office had been ordered to obtain by Guardian World-Wide Jane Kember in November 1973 121/ as well as the documents targeted both by GPgmO 9, and a subproject written by the defendant Raymond pursuant to GPgmO 302. The defendant Weigand congratulated Mr. Meisner on his successful mission.

Mr. Meisner reviewed the documents which had been stolen from Mr. Dodell's office and summarized some or them in two memo- randa dated May 24 and May 27, 1976. (Government Exhibits No. 98 and 100.) [122] Government Exhibit No. 98 contained two Meisner memoranda dated 24 May 1976 addressed to the defendant Raymond via the defendant Hermann/Cooper. They are entitled "US Interpol NCB Documents on Scientology Withheld in Entirety Under FOIA" and "US Interpol NCB Documents on Scientology Partially Withheld Under FOIA". Appended to these memoranda were at least eighty-six of the approximately one thousand pages of documents stolen from Mr. Dodell. Each document summarized therein contained a numeral handwritten by Mr. Meisner in its lower right-hand corner as well as some other excerptions and notes. (See, e.g. Government Exhibit No. 99.) [123] Government Exhibit No. 100 contained a May 25, 1976 Meisner memorandum from Mr. Meisner entitled "Nathan Dodell, Current Information on Scientology's Harrassment of the Government on Legal Lines" which summarized documents stolen from Mr. Dodell's office. That memorandum, and a second one of the same date entitled "Significance of Dodell Material Enclosed", was sent by Mr. Meisner to the defendant Hermann/Cooper. Appended to it are copies of numerous documents stolen from Mr. Dodell. Many or these documents contained the handwriting of Assistant United States Attorney Nathan Dodell. [124] On May 27, the defendant Hermann/Cooper forwarded the Meisner memorandum and appended stolen documents to World-Wide with a cover memorandum outlining the content of the package. A copy or that material was sent to the Deputy Guardian for the United States, the defendant Heldt, and the Deputy Guardian for Information in the United States, the defendant Weigand. [125]

On May 28 1976, the defendant Wolfe and Mr. Meisner met once again outside the main IRS building in Washington, D.C. at approximately 6:30 p.m., and after parking one of the cars nearby, proceeded to the United States Courthouse, at Third Street and John Marshall Place, N.W. In the Courthouse Mr. Meisner signed in as "John M. Foster," using his false IRS identification card. The defendant Wolfe signed-in as "T. Haake" using a D.C. Bar Association library card which he had borrowed from another IRS employee. United States Court- house logs maintained by the GSA security guards indicate that the two men entered the Courthouse at 7:30 p.m. and remained until 9:55 p.m. The entry logs further show that they were going to the "Library". (Government Exhibit No. 101.) Once again they borrowed an elevator key and proceeded to the third floor of the United States Courthouse and entered the Library of the District of Columbia Bar Association through the back door without first signing in. A few minutes later, finding the area clear, they went to Dodell's office and opened the door with the key which they had previously duplicated. This time they took approximately one foot of documents related to Scientology, and more specifically to the District of Columbia Police Department and the federal Food and Drug Administration. These docments were photocopied on the United States Attorney's Office photocopying machines using Government owned supplies located nearby. As the defend- ant Wolfe and Mr. Meisner were returning to Mr. Dodell's office through the library, they were stopped by night librarian Charles Johnson who inquired as to whether they had signed- in. When he was told that they had not, he required them to sign-in (See Government Exhibit No. 102.) Mr. Meisner signed-in as "J. Foster" and Mr. Wolfe as "W. Haake". They placed as a reference telephone number, 964-4483. The night librarian informed them that they were not to return to the library unless they had specific authorization from the regular librarian. The defendant Wolfe and Mr. Meisner immediately left the library, returned the documents to Mr. Dodell's office and left the Courthouse with copies of the documents in Mr. Meisner's briefcase. After leaving the defendant Wolfe at the IRS building, Mr. Meisner returned to the Guardian's Office.

In two memoranda dated 1 June and 2 June 1076 (Government Exhibits Nos. 103 and 104, respectively), [126] Mr. Meisner summarized the more important of the documents which he and the defendant Wolfe had stolen from Mr. Dodell's office. Both memoranda are addressed to the defendant Hermann/Cooper. [127] Upon receiving the June 2, 1976 memorandum and attached stolen documents, the defendant Hermann/Cooper forwarded them to World-Wide in a June 6, 1976 letter entitled "Re: DC US Attorney Nathan Dodell".

Mr. Dodell was, in 1976, and still is an Assistant United States Attorney for the District of Columbia assigned to the Civil Division of the United States Attorney's Office. His personal office was located, in May and June 1976, on the third floor of the United States Courthouse for the District of Columbia, immediately behind the Library of the District of Columbia Bar Association. He has reviewed copies of the documents appended to the Meisner memoranda refered to above, and concludes that they were in his files on the dates on which the memoranda were written. In fact they remain in his files to this date. Many of the documents contain, or are written in, his own handwriting. Mr. Dodell did not give permission to either the defendant Wolfe or Meisner to enter his offices, take documents which were in his care, cuntody and control, photocopy them, or steal copies thereof.

On May 31, 1976, the night librarian, Charles Johnson, and the GSA Security Guard notified the United States Attorney's office that two individuals who had identified themselves as IRS employees and who had in their possession IRS identifica- tion cards had been seen using the photocopying machines of the United States Attorney's Office on the previous Friday evening. Both Mr. Johnson and the guard were instructed to immediately contact the FBI if those two individuals returned to the Courthouse.

During that same time Mr. Meisner contacted the chief D.C. Bar Association librarian, requested, and obtained from her, a letter permitting him to use the facilities of the D.C. Bar library. On June 8, 1976, Deputy Guardian for Information, the defendant Weigand, Deputy Guardian for Legal Bureau Mary Rezzonico, and Deputy Guardian for Public Relations Arthur Maren, approved a "Project: Target Dodell" (Goverment Exhibit No. 105). [128] Its purpose was to "render Dodell harm- less" because of his aggressive representation of the United States of America as counsel in the Scientology FOIA legal actions. A few days prior to June 11, 1976, the defendant Hermann/Cooper telephoned Mr. Meisner and directed him to to return to Mr. Dodell's office and steal Dodell's personal files in order to devise and formulate a covert operation to remove him as an Assistant United States Attorney for the District of Columbia. To that end, the defendant Wolfe and Mr. Meisner met on June 11, 1976, once again, outside the main IRS building in Washington, D.C., and proceeded to the United States Courthouse in that same city. They entered the United States Courthouse at approximately 7:00 p.m., Mr. Meisner signing-in as "John M. Foster" and the defendant Wolfe using the name "Thomas Blake", both using their counter- feit IRS identification cards. They proceeded to the Bar Association Library where they signed in using the names indicated above. (Government Exhibit No. 106). Mr. Meisner also showed the night librarian, Charles Johnson, the written permission which he had earlier secured fron the head librarian. The defendant Wolfe and Mr. Meisner them proceeded through the back of the library to Mr. Dodell's office where they observed cleaning ladies still working in that office. They returned to the library and waited there until the cleanup crew had left Mr. Dodell'S Office. In the meantime, night librarian Johnson contacted the FBI regarding the presence of the defendant Wolfe and Mr. Meisner. Shortly thereafter FBI Special Agents Christine Hansen and Dan Hodges confronted tho defendant Wolfe and Mr. Meisner at one of the back tables within the Bar Association Library, and demanded to see their identification cards. Mr. Meisner presented his IRS identi- fication card to the FBI agents and informed them that he had since resigned from the IRS. While FBI Agent Hansen continued questioning the defendant Wolfe and Mr. Meisner, FBI Agent Hodges left to contact an Assistant United States Attorney. Mr. Meisner informed Agent Hansen that he and the defendant Wolfe had been in the Courthouse to do legal research, and that they had used the United States Attorney's Office photocopying machine to photocopy legal books and cases. He gave her as his home address an address a few doors away from his actual residence. Neither individual mentioned either's association with the Church of Scientology, or the true purpose for which they were in the United States Court- house. After fifteen minutes of questioning Mr. Meisner inquired if they were under arrest. When Agent Hansen responded that they were not, Mr. Meisner told Wolfe that they were leaving. As they were leaving the library, Agent Hodges called to the defendant Wolfe and Mr. Meisner but was told by Mr. Meisner that Agent Hansen had permitted them to leave. [129]

Upon leaving the United States Courthouse, Mr. Meisner and the defendant Wolfe walked a number of blocks to make sure that they were not being followed and then took a taxicab to Martin's Tavern Restaurant on Wisconsin Avenue and N-Street, N.W. in-Washington, D.C. Mr. Meisner then telephoned the defendant Hermann/Cooper in Los Angeles, California to inform him in a circumspect manner that they had been confronted by the FBI. The defendant Hermann/Cooper told Mr. Meisner to call him back at a public telephone. A few minutes later Mr. Meisner once again contacted the defendant Hermann, and this time informed him of the details of his confrontation with the FBI in the United States Courthouse for the District of Columbia. The defendant Hermann/Cooper instructed Mr. Meisner to remain at the restaurant and told him that he would contact the defendant Weigand and further instruct Mr. Meisner at that time as to what course of action to follow. He also directed Meisner to begin writing a report on what had actually occurred in the United States Courthouse. Mr. Meisner was to call him back within one hour. Mr. Meisner then contacted Joseph Alesi, the Branch I Director for the District of Columbia. Mr. Meisner directed Mr. Alesi to proceed to the United States Courthouse and pick up the defendant Wolfe's car which had been left there and bring it to Martin's Tavern Restaurant. Mr. Meisner, also instructed Mr. Alesi to call Mrs. Meisner and ask her to pick up his car, which he had left in the main IRS building parking lot.

One hour later, Mr. Meisner called the defendant Hermann/ Cooper in Los Angeles, California, to receive further instructions, The defendant Hermann/Cooper informed Mr. Meisner that he had discussed their FBI confrontation with the defendant Weigand and that the latter wanted him to come immediately to Los Angeles, California. Mr. Meisner stated that he would leave the next morning for Los Angeles. Mr. Meisner and his wife stayed that night at the Quality Inn Motel on Courthouse Road and Route 50 in Arlington, Virginia. (Government Exhibit No. 113).

Mr. Meisner then called Bruce Ullman, the Information Branch II Director for the District of Columbia, and directed him to obtain money from the Guardian's Office funds and bring it to him the next morning, when he was to pick him up at an Arlington motel and take him to the National Airport for his trip to Los Angeles.