III. The Conspiracy to Intercept Oral Communications, Burglarize and Steal, and the Substantive Acts Committed Pursuant Thereto

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)

[Mr. Meisner and Ms. Hirsch state that the GPgmO 158 was issued in accordance with established Guardian Office procedure for the issuance of Guardian Program Orders. The names appearing at the bottom of page 3 indicate that the order was written by the defendants Heldt and Weigand and approved and issued by Guardian World Wide Jane Kember. Ms. Hirsch also states that the initials "LM" which appear to the left of Ms. Kember's name are in the handwriting of Ms. Kember's communicator (secretary). Government Exhibit No. 53 was seized by Special Agent Robert Claudius from a file cabinet in the defendant Willardson's Office at the Cedars Complex.]

GpgmO 158 states that its 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 take defensive actions to suddenly raise the level on LRH Personal Security very high"

[GPgmO 158 was issued pursuant to target 1 of GO 261175 which was originally issued by L. Ron Hubbard. An identical Guardian Program Order, 158 R was reissued on May 27, 1977 by the defendants Weigand and Heldt. (Government Exhibit No. 111.) Government Exhibit No. 111 was seized by Special Agent Gary Aldrich from the office of the defendant Willardson at the Cedars Complex.]

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 an 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 separate agent into the IRS Office of International Operations (OIO) (as this office has a case preparation or investigative 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/ The other operating targets under GPgmO 158 include moving existing of agents in the District Attorney's Office in Los Angeles and the Attorney General's Office of California "into position to obtain advance warning" (Target 8); "[g]et Intell coming from Paulette Cooper, Robert Kaufman, Bernie Green, and John Sefferrn to obtain intelligence data on intended attack. AG I New York" (Target 14); "[p]lace a very secure agent into the AMA Chicago headquarters in the best position possible to obtain data on their intended actions towards us" (Target 16); "[d]etermine what agency near LRH would serve any Federal governmental subpoena. This could be the local US Marshall's [sic] Office" (Target 19). (L. Ron Hubbard and Mary Sue Hubbard were living outside of Clearwater, Florida, at the time Kember issued GpgmO 158.)

After reviewing Guardian Program Order (GPgmO) 158 with the defendant Weigand, Mr. Meisner suggested that it would be more advantageous to the Hubbards, Scientology, and the Guardian's Office to place a covert Scientology 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," outlining 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 Department of Justice until February 29, 1976. [Ms. Thomas resigned her position with the United States Coast Guard on February 28, 1976. She had begun employment there on January 13, 1975. (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 of 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 GPgmO 158. They also were seeking Interpol documents in compliance with Guardian World-Wide Jane Kember's long outstanding 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 documents 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).  [Government Exhibits Nos. 54 and 55 were seized by the FBI from a file cabinet in the Information Bureau at the Cedars Complex.]

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 [Mr. Paul Figley states that in 1975 and 1976 he was a trial attorney in the Information and Privacy Unit of the Civil Division of the United States Department of Justice at 9th & Pennsylvania Avenue, N.W. in Washington, D.C. During the years covered by the indictment in the instant case, Mr. Figley was assigned to the processing of FOIA cases involving the Central Intelligence Agency (CIA), the Drug Enforcement Administration (DEA), the U.S. Customs Service, the Defense Communications Agency, the Department of the Army, the Energy Research and Development Administration (ERDA), the U.S. Postal Service and Interpol. In his care, custody and control, as a result of his duties as a Justice Department attorney, were numerous documents from these agencies relating to Scientology. Mr. Figley has reviewed the Meisner memoranda marked Government Exhibits Nos. 54 and 55 and states that the documents summarized therein were in his possession in December 1975. He further states that he did not give permission to the defendant Wolfe or Mr. Meisner to enter his office, take documents, photocopy them and take copies of the documents for the use of Scientology.] is entitled "Re: DEA FOI Case -- D of J Data -- Figley". Both memoranda were received by the defendant Cindy Raymond, who initialed and dated the documents next to her title on their routing portion. [ Handwriting expert James Miller concludes that it is "highly probable" that these handwritten entries as well as the entries "non FOI" and the "Justice Dept" notation on Government Exhibit No. 55 were made by the defendant Raymond.] 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 with Joseph Alesi, the Collections Officer in the District of Columbia's Information Bureau, and Richard Kimmel, the Information 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.

[Soon after she began her employment for the Information and Privacy Unit of the Civil Division at the Department of Justice, the defendant Thomas began to steal documents and photocopies thereof. Thus, on or about March 22, 1976, she entered Mr. Figley's office after regular working hours, and, without permission, took some thirty pages of documents relating to Scientology which Mr. Figley was receiving as part of FOIA suits against the CIA, ERDA, FDA, Army and Defense Departments. She photocopied the documents using United States Government equipment and supplies and gave copies of these documents to Mr. Meisner. Mr Meisner summarized these documents in a memorandum dated March 22, 1976 which he sent with the documents to the defendant Hermann (a/k/a Cooper.) (Government Exhibit No. 64). He also sent a copy to the "CSG", defendant Hubbard. The defendant Hermann forwarded Meisner's memorandum and documents to World-Wide. Handwriting expert James Miller positively identifies the fourteen-line handwritten notation as well as the initials "CR, 28 March 76" on the Hermann letter as having been made by the defendant Raymond. He also concludes that it is "highly probable" that the initials "GW" and "BID Natl CIC" were made by the defendant Willardson; and "probable that the signature "Mike C" was made by the defendant Hermann/Cooper. Moreover, Mr. Meisner identifies that signature as well as the entry "(sent by DC)" next to "CSG" as having been made by the defendant Hermann/Cooper; and the initials "GW" as those of the defendant Willardson. Government Exhibit No. 64 was seized by the FBI from a file cabinet within the Information Bureau at the Cedars Complex.]

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 areas 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. Hubbard 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 reorganization, 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 Scientology 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.)

Government Exhibits Nos. 195 - 203 were located in a black suitcase seized by Special Agent Eusebio Benavidez from the office of the defendant Willardson at the Cedars Complex. These exhibits were examined by FBI Special Agent James O. Davis of the FBI laboratory, who identifies them as follows:

Exhibits 195-201, "seven spring steel shims", Exhibit 202, a key "micrometer", and Exhibit 203, a "H.B.C. Inc. lockpicking kit."

As a result of his examination of these items, Agent Davis concludes that Government Exhibits Nos. 195 - 201 are "commonly used for making picks and tension tools used in picking locks," Government Exhibit No. 202 is "used to measure the depth of cuts in keys," and Exhibit 203 "is a pick set . . . [and] the tools it contains are used for picking locks."

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 to 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 individuals entered and took, without permission, the remaining Scientology-related documents which had been 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 defendant 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 [Government Exhibit No. 56 was seized by Special Agent from Room 4 in the Information Bureau at the Cedars Complex] 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. [Handwriting Expert James Miller concludes that the signature "Mike C" on Government Exhibit No 56D is probably the handwriting of the defendant Hermann. Moreover, Mr. Meisner identifies the signature to be in the handwriting of the defendant Hermann.]

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 Hermann (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.

See Government Exhibit No. 57, a letter dated 3 February 1976 from the defendant Weigand to the CSG Assistant for Information, Jimmy Mulligan, responding to Mulligan's request for information concerning the status of the IRS document collection under GO 1361. That letter referred to the Alverzo forced entries into IRS as well as subsequent areas entered by the defendant Wolfe.

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. Meisner 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 defendant 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 known as the Religious Research foundation (RRF). She was also seeking any information disclosing knowledge by the IRS of any financial dealings and relationship between 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 documents 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-page 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 Information 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 stolen 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. [Appended to Government Exhibit 46 is a 5 February 1976 report from Mitchell Hermann who signs it "Mike C.", to the defendant Weigand, stating that numerous documents withheld by the IRS pursuant to the FOIA were taken by the Information Bureau in Washington, D.C. He added that documents regarding Scientology were taken from many IRS offices including the Audit Division, Intelligence Division, Office of Inter- national Operations, Exempt Organization, Individual Income Tax Division, Office of the Chief Counsel, Disclosure Division, Special Services Staff, as well as other offices. Mr. Meisner identifies the signature "Mike C." as that of the defendant Hermann. Handwriting expert Miller concludes that it is "probable " that the defendant Hermann wrote that signature. The defendant Hermann's report is appended to the 11 February 1976 letter from the defendant Weigand to Ms. Kember on evidence that target 10 of GO 1361 had indeed been complied to.]

Government Exhibit No. 58 [Government Exhibit No. 58 was seized by Special Agent Smith from Room 4 at the Cedars Complex.] is identical to the two-page letter from the defendant 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. [Mr. Meisner and Ms. Hirsch identify the handwritten notation signed "Jane" as having been written by Jane Kember. Mr. Meisner additionally identifies the initials of the defendants Willardson and Weigand in the routing portion of the document. Moreover, handwriting expert Miller has con- eluded that it Is "highly probable" that the notation "GW 9 Mar" in the routing section was written by the defendant Willardson.]

Prior to his return to the District of Columbia in the third week of February 1976, Mr. Meisner met with the defendant Willardson in the defendant Weigand's office. During the meeting, 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 Organizations 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 Scientology of California audit. His superiors wanted to receive sufficient notice of any adverse IRS ruling prior to its finalization so that they could intervene through their legal representatives and apply whatever necessary 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 photocopying equipment and supplies and returned the documents to the office of Mr. Tedesco. He stole the copies of those documents and gave them to Mr. Meisner at a previously scheduled 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.) [Government Exhibit No. 59 was seized by Special Agent Robert H. Wood from a cardboard box in the Information Bureau at the Cedars Complex.]

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.

[This is further illustrated by the transmittal memorandum from the defendant Hermann dated March 22, 1976, to Michael Taylor at World-Wide, which states that "[a]ttached are a set of docs concerning Tedesco's area and include the totality of Scientology correspondence in his area." Next to the entry "CC: CSG" in the routing portion of that transmittal memorandum is a handwritten notation identified by Meisner as written by the defendant Hermann. That notation indicated that that copy was already "(sent by DC)". Mr. Meisner also identifies the signature on that letter as that of the defendant Hermann.]

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 documents referred 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 permission 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 Jeanne Gessay of the IRS, without permission, and took documents related to the then-pending audit of the Church of Scientology of California. He stated to Mr. Meisner that after taking the documents he photocopied them on an IRS photocopying machine, using equipment and supplies which were the property of the United States of America. He then returned the original documents to Ms. Gessay's office and removed the copies 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). [Government Exhibit No. 60 was seized by Special Agent Wood from the Information Bureau at the Cedars Complex.]

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. [She has turned over the originals to the Federal Bureau of Investigation. ]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 turn over the photocopies to the Guardian's office of the Church of Scientology.

[On or about March 22, 1976, the defendant Wolfe also entered the office of Assistant Commissioner for Employee Plans and Exempt Organizations Alvin Lurie which were located in the IRS building at 1111 Constitution Avenue, Northwest, in Washington, D.C. The defendant Wolfe told Mr. Meisner that he took documents related to the American Medical Association and its tax exempt status from Mr. Lurie's office, photocopied them using IRS equipment and supplies, then returned the documents to their original location. The defendant Wolfe then stole the copies of the documents and gave then to Mr. Meisner. Mr. Meisner summarized them in a memorandum dated March 22, 1976, entitled "Re: House Ways and Means Subcommittee Meeting on AMA" and sent it with the documents to the defendant Hermann (Mike Cooper,) with a copy to the "CSG", defendant Mary Sue Hubbard. (Government Exhibit No. 62). The defendant Hermann forwarded the Meisner memo- randum and appended stolen documents to the World-Wide Guardian's Office. Mr. Meisner identifies the initials next to "DG US" in the routing of Government Exhibit No. 62 as having been written the defendant Heldt. He also recognizes the hand- writing "(Sent by DC)" next to "CSG" as having been written by the defendant Hermann.

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, recommended to Guardian World-Wide Jane Kember that Mr. Meisner be issued an award. (Government Exhibit No. 68.) [Government Exhibit No. 68 wan seized by Special Agent Smith from Room 11 in the Information Bureau at the Cedars Complex]

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.

Mr. Meisner identifies the defendant Hermann's signature on Government Exhibit No. 68. Handwriting expert James Miller concludes that it is "probable" that the defendant Hermann signed the "CSW" to Ms. Kember.

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 instructions on the use of the photographing equipment. Mr. Wolfe took blank identification cards and typed in two fictitious names for himself, as 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 photographs 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 blanks 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," identification 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.

On the reverse of the identification cards the following entry appears:

Warning

Issued for identification of holder. Improper use, possession, alteration, reproduction or counterfeiting will make offender liable to penalties under Sections 499 and 701, Title 18, U.S. Code.

Property of U.S. Government.

Mr. Meisner and the defendant Wolfe then left the IRS building, 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.

Between early April and late June 1976, four other Guardian's Office officials and one Scientology covert agent entered the IRS identification room and made counterfeit IRS identification cards for themselves. In April, the defendant Wolfe and Mr. Meisner took into the main IRS building Information Bureau investigators Patty Pease and Jay Armstrong and made for them counterfeit IRS identification error. The defendant Wolfe, on three other occasions, entered the main IRS building with the defendant Hermann, and Messrs. Joseph Alesi and Michael Baum, where he made similar false IRS credentials for them. Mr. Meisner saw the counterfeit credentials made for those five individuals. All the identification cards were in false names. In mid-May, Mr. Meisner took the defendant Weigand on a tour of the main IRS building in Washington, D.C. , and showed him the offices which had been burglarized and from which stolen documents had been taken. They were unsuccessful, however, in gaining entry into the identification room and were, therefore, unable to make a false identification card for the defendant Weigand. Mr. Meisner and the defendant Weigand entered the building using Mr. Meisner's counterfeit IRS credentials in the name of "Foster".

Mr. Meisner took the defendant Wolfe's identification cards in order to place on them the required clear plastic covering because he was unable to use 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.

During a confrontation in the United States Courthouse for the District of Columbia, on June 11, 1976, FBI Special Agent Christine Hansen seized the "John M. Foster" identification card from Mr. Meisner. Ms. Helen R. Pesta, Chief of the IRS Digest Unit, states that she holds a lawful IRS identification card bearing badge number 800-00413, the number which appears on the counterfeit identification card in the name of "John M. Foster". Mr. William T. Lyons, Cincinnati, Ohio, IRS Regional Counsel, states that he holds a lawful IRS identification card bearing badge number 800- 00487, the number of which appears on the counterfeit identi- fication card in the name of "Thomas Blake".

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 pursuant to the overall Snow White Program. (Government Exhibit No. 66). [Government Exhibit No. 66 was seized by Special Agent Gilberto Valencia from Room 4 in the Information Bureau at the Cedars Complex.]

The defendant Raymond suggested a Bureau I program "to obtain non-FOI ["Non-FOI", used in this context, refers to documents obtained by covert means or Scientology internal memoranda discussing such illegally obtained documents] 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). [Government Exhibit No. 65 was seized by Special Agent Valencia from Room 4 in the Information Bureau at the Cedars Complex.]

Its targets included the obtaining of all desired files in government agencies by "job penetration" and other types of infiltration. The "CSW" was processed through, and approved by, all the high officials of the Information 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 actions proposed by the "CSW". Mr. Meisner recognizes the handwriting of the following persons next to their titles: the defendant 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 Raymond 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-Wide Jane Kember. (Government Exhibit No. 67). [Government Exhibit No. 67 was seized by Special Agent Raymond Mislock from a file cabinet in the office of the defendant Raymond at the Cedars Complex.]

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."

[Mr. Meisner and Ms. Hirsch state that GPgmO 302 was issued in accordance with established Guardian's Office pro- cedure. The initials "LM" next to the name June Kember are those of her communicator (secretary). Government Exhibit No. 67 was seized by Special Agent Raymond A. Mislock from a file cabinet in the office or the defendant Cindy Raymond in the Information Bureau at the Cedars Complex.]

The defendant Raymond designated Mr. Meisner to carry out vital targets I through 4 as part of his duties in the District of Columbia.

In a "compliance report" to GPgmO 302, target 5, dated 31 July 1976, the defendant Raymond sent the defendant Weigand a list of priorities for the "penetration" of National Agencies". (Government Exhibit No. 109). She appended to her "CSW" a list of 136 government agencies which were to be infiltrated. These included: the Administrative Office of the U.S. Courts, the CIA, The Executive Office of the U.S. Attorneys, the FBI, and many other agencies. Also included were a number of U.S. Embassies and consulates abroad. Government Exhibit No. 109 was seized by Special Agent Gilberto Valencia from Room 4 in the Information Bureau at the Cedars Complex.

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

In early April 1976, the defendant Cindy Raymond 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 photocopying 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 Enforcement 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 lower 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 (Government Exhibits Nos. 69, 70 and 71). [Government Exhibit Nos. 69, 70 and 71 were seized by Special Agent Michael T. Repucci from Room 14 in the Information Bureau of the Cedars Complex.]

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 DeFeo Report. Indeed its distribution was severely limited. Two weeks following the entry into the Department of Justice's Office of the Deputy Attorney 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_

In a letter dated 28 June 1976, Deputy Guardian for Information World-Wide Mo Budlong, requested that the defendant Weigand obtain a copy or the DeFeo Report which he stated "was classified by Executive Order and is not available on overt lines." In a response dated 6 July 1976 the defendant Weigand informed Mr. Budlong that the DeFeo report had indeed already been stolen by Guardian's Office operatives and that he was appending excerpted copied of the report. The defendant Weigand also explained that as part of "Op [Operation] Chaos Leak" a portion of the report had been leaked to the press but that the operation had to be dropped because of the current complications in the United States Courthouse in the District of Columbia. (Government Exhibit No. 72) Government Exhibit No. 72 was seized by Special Agent Michael T. Repucci in Room 14 of the Information Bureau at the Cedars Complex. Mr. Meisner identifies the signature "MB" at the end of the 28 June 1976 letter as having been written by Mo Budlong. He also states that the initials "GW" and the handwriting immediately preceding it were made by the defendant Willardson. Handwriting expert James Miller concludes that it is "probable" that the notation "Sec Off Nat GW" is in the handwriting of the defendant Willardson.

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 income tax return of the Hubbards was being audited. Mr. 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 approximately 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 many 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. Rosen'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 recent documents regarding the Hubbard's audit. Such documents 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 occasion, 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 which was dated 15 April 1976 (Government Exhibit No. 73), and three dated 19 April 1976 (Government Exhibits Nos. 74-76). [ Government Exhibit Nos. 73-76 were seized by Special Agent James R. Kramarsic from the office of the defendant Heldt at the Fifield Manor.] 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 Exhibit No. 76 dealt with those documents 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". [Mr. Meisner recognizes the handwriting of the following defendants on Government Exhibits Nos. 73 to 76: the initials of the defendant Heldt and Willardson on Govern- ment Exhibit No. 73) the initials of the defendant Heldt on Government Exhibit Nos. 74-76. (Government Exhibit No.77.) [Government Exhibit No. 77 was also seized by Special Agent Kramarsic from the defendant Heldt's office. ]]

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. [Indeed, in June 1976, the defendant Thomas succeeded in becoming the secretary of Mr. Paul Figley.]

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 documents on a photocopying machine within the Justice Department main building using United States Government supplies and equipment after replacing the documents 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) Government Exhibit No. 78 was seized by Special Agent Harold Brunson from a file cabinet immediately outside the main office of the defendant Raymond at the Cedars Complex. It was inventoried and initialed by Special Agent Michael Ray Napier.

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).Government Exhibit No. 79 was seized by Special Agent Brunson from a file cabinet outside the main office of the defendant Raymond at the Cedars Complex. It was inventor- ied and initialed by Special Agent Napier.

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" which 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 regarding the collection of data and documents from Interpol. Nine months 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 clandestine agents obtain all details of any reports of requests for data on LRH, Scientology, OTC [Operations and Transport Company], ["OTC" or Operations and Transport Company was a Panamanian Corporation set up by L. Ron Hubbard which owned the ship Apollo on which L. Ron Hubbard lived and which was used as the flagship of the Sea organization of Scientolog] 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.

Mr. Meisner and Ms. Hirsch state that GPgmO 9 was issued in accordance with established Guardian Office procedure for the issuance of Guardian Program Orders. Ms. Hirsch states that the initials "LR" to the left of the name Jane Kember are those of Ms. Kember's communicator (secretary) Lexie Ramirez.

Nancy Douglass, Scientology's covert operative at the Drug Enforcement Administration, informed Mr. Meisner 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 necessary 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 Building 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 Department, 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 Baum, through the use of Mr. Meisner's counterfeit IRS identification card.

Because the Guardian's office officials wanted _all_ Interpol documents whether related 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 location 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). [ Government Exhibit No. 80 was seized by Special Agent Glade B. Johnson from a file cabinet within the Information Bureau at Cedars Complex] The memoranda with attached stolen documents were forwarded via Southeast U.S. Secretary, the defendant Hermann/Cooper. The stolen documents related 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. [Mr. Meisner identifies the initials next to the routing portion of the document as those of the defendant Raymond.]Over the next month the defendant Thomas and Mr. Baum burglarized the Interpol Liaison Office at the Justice Department on at least three occasions. Those raids netted some three feet of copies of Interpol documents. On each occasion 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 Exhibits Nos. 85 and 86.) [Government Exhibits Nos. 81 and 85 were seized by Special Agent Glade R. Johnson from a file cabinet located within the Information Bureau at the Cedars Complex. Govern- ment Exhibit No. 56 was seized by Special Agent Michael T. Repucci from room 14 also within the Information Bureau at the Cedars Complex.]

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. l10/ Government Exhibit No. 82 is summarized in Government Exhibit No. 81 at p. one, paragraphs two to six. Government Exhibits Nos. 83 and 84 are identical stolen letters from the Assistant Secretary of the Treasury David Kendall to Deputy Attorney General William P. Roger. They are excerpted in Government Exhibit No. 81 at page one, paragraph seven. After they were received by the Guardian's office in Los Angeles, those letters were cross-filed into two separate individual's folders. Government Exhibit No. 83 was placed in a folder on Deputy Attorney General William P. Rogers and Government Exhibit No. 84 was placed in a folder on David Kendall. (See left-hand margin of the exhibits.) All three exhibits were seized by Special Agent William G. Ryan, Jr., from Room 13 of the Information Bureau at the Cedars Complex. Mr. Meisner identifies the initials of Cindy Raymond next to her title on the upper left-hand portion of his 3 May 1976 memorandum.

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. [Mr. Meisner identifies the initials and/or hand- writing of the defendant Raymond on each of his memorandum in the routing section next to the title. Mr. Meisner also recognizes Ms. Raymond's handwritten notation on the first page of Government Exhibit No. 86 next to the Snow White "highest priority" stamp. Each of the defendants appended to Government Exhibit No. 86 have Mr. Meisner's excerpts of, underlinings, and numerals. 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' continued 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 occasions, 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 their 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). [Government Exhibits No. 87 was seized by Special Agent Blade R. Johnson from a file cabinet in the Information Bureau at the Cedars Complex. Government Exhibits Nos. 88-92 were seized by Special Agent William A. Cohendet from Room 14 in the Information Bureau at the Cedars Complex. Mr. Meisner identifies the initials and date "4 May 76" in the routing of his memorandum as those of the defendant Raymond.]

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." [The defendant Raymond's 4 May 1976 memorandum to World-Wide is entitled "IP Data Non-SCN non-FOI Confidential" and is routed via the defendants Heldt, Weigand, and Willardson and Mr. Budlong. Mr. Meisner identifies the signature on that memorandum as having been written by the defendant Raymond.

On or about May 17, 1976, [The defendant Thomas and Mr. Meisner also burglarized the suite of offices of Mr. John F. Shaw on or about May 8, 1976. Mr. Shaw's door was once again forced open, and recent Interpol documents were taken, photocopied using United States property, and the copies stolen. Mr. Meisner excerpted these documents in a memorandum dated 8 May 1976, addressed to the defendant Raymond via the defendant Hermann/Cooper. See Government Exhibit No. 93. Mr. Meisner identifies his own handwriting ("WW copy"). In the upper left-hand corner of the first page. One of the stolen documents excerpted on page one, paragraph three of the memorandum was a letter from Treasury Department Acting Secretary Stephen S. Gardner to Speaker of the house Carl Albert transmitting a proposed draft bill relating to Interpol. (Government Exhibit No. 94.) Government Exhibit Nos. 93 and 94 were seized by Special Agent Martin A. Gonzales from a file cabinet in the defendant Raymond's office at the Cedars Complex] 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 documents 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 handwritten numerals in the lower right-hand corner. ["Pages 1a and 2a" were retyped by Mr. Meisner himself as pages "1" and "2" were not sufficiently legible. (Government Exhibit No. 95). Government Exhibit No. 95 was seized by Special Agent Repucci from a file cabinet in the defendant Raymond's office in the Cedars Complex.]

In April and May 1976, Mr. John F. Shaw was, in fact, the Special Assistant to Assistant Attorney General for Administration 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 Department of Justice.

See Founding Church of Scientology v. Paschall, et al., Civil No. 75-1397 (April 14, 1976 Tr. at 2, 4). The official court transcript reveals the following colloquy:

THE COURT: Have you all considered taking Hubbard's deposition?

MR. DODELL: It is an interesting thought, Judge Hart . . . .

THE COURT: Why don't you take his deposition?

MR. DODELL: Well, let me say, I consult with people at the Justice Department handling these cases because there are so many, we obviously coordinate and I will certainly relay that suggestion to them with the fact that you have reiterated here. Tr. at 2, 4.

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 Collection] 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 ["JUDY area" was a code name for the covert operation which was being carried out by Scientology agents within the United States Department of Justice,] 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 deposition of LRH.

D. Also see if we can do some type of JUDY action ["JUDY action" was a reference within the Informa- tion Burau to the burglaries and thefts of documents which had taken place at the Department of Justice. It was also later used as a euphemism for burglaries in general. 119/ in Dodell's area to get data predicting any action to deposition.

The defendant Weigand instructed that in conducting the investigation on Judge Hart, 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 informed 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. 1[Handwriting expert James Miller concludes that it is "probable" that the signatures "Dick" on pages two and four of Government Exhibit No. 96 were written by the defendant Weigand. Moreover, Mr. Meisner recognizes the signature as being in the handwriting of the defendant Weigand]

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 defendant 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 photocopied 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 [See Government Exhibit No. 2, supra] 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 memoranda dated May 24 and May 27, 1976. (Government Exhibits No. 98 and 100.) [Government Exhibit No. 98 was seized by Special Agent Kramarsic from a file cabinet in the defendant office at the Fifield Manor, and Government Exhibit No. 100 was seized by Special Agent Kramarsic from Room 14 in the Information Bureau at the Cedars Complex.]

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.) [ Government Exhibit No. 99 contains a few of the documents summarized in Government Exhibit No. 98. Sec, e.g., Government Exhibit No. 99 marked by Mr. Meisner as page "24" and compare to Government Exhibit No. 98, Meisner, page 24 May 1976 memo at page three, paragraph two. Government Exhibit No. 99 was seized by Special Agent Ryan from Room No. 13 within the Information bureau at the Cedars Complex.]

Government Exhibit No. 100 contained a May 25, 1976 Meisner memorandum from Mr. Meisner entitled "Nathan Dodell, Current Information on Scientology's Harassment 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. [See, for example, the documents containing Mr. Meisner's handwritten numerals Nos. 1, 6, 7, 12, 13, etc. Mr. Dodell has reviewed these documents and states that they were in his files in May 1976, and indeed still remain in his files.]

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. [Mr. Meisner identifies the initials "GW" in the routing on the Hermann/Cooper letter as having been written by the defendant Willardson.]

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 Courthouse 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 documents were photocopied on the United States Attorney's Office photocopying machines using Government owned supplies located nearby. As the defendant 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), [Government Exhibits Nos. 103 and 104 were seized by Special Agent William Cohendet from Room 14 in the Information Bureau at the Cedars Complex.]

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. Mr. Meisner identifies on Government Exhibit No. 103 a handwritten notation in the defendant Hermann/Cooper's handwriting.]

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, custody 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 identification 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). [Government Exhibit No. 105 was seized by Special Agent Jack C. Thorpe from Room 4 in the Information Bureau at the Cedars Complex.] Its purpose was to "render Dodell harmless" 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 counterfeit 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 from 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 identification 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 Courthouse. 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.

On December 18, 1976, the defendant Hermann/Cooper sent "Project Troy" to the defendants Heldt and Weigand pursuant to the request of the defendant Weigand. Weigand had directed Hermann/Cooper to write "a project to get prediction on future IRS actions." The attached "Project Troy" called for the placement of a permanent bugging device in the office or the IRS Chief Counsel. Thus, the Guardian's Office would be able to monitor all "IRS planned actions as regards the C of S of C [Church of Scientology of California] exemption so that Legal can be briefed to take effective action." (Government Exhibit No. 110 at pp. 2-4.) A "CSW" from the defendant Weigand to the defendant Heldt dated December 20, 1976, requests that "Project Troy" be approved as soon as possible. The defendant Heldt approved the project by initialing the line entitled "OK". (Government Exhibit No. 110 at p. 1.). Handwriting Expert James Miller concludes that it is "probable" that that initial belongs to the defendant Heldt. Mr. Meisner identifies it as the writing of the defendant Heldt. Other conclusions of Mr. Miller: the handwritten note "I need to see Dick [Weigand] on this after his Session" and initial -- "positive" in the defendant Heldt's handwriting; the word "secret" on the upper portion of the first page -- "highly probable" in the defendant Weigand's handwriting; the signature "Mike" on page two and the ending "Love Mike" on page four -- "probable" by the defendant Hermann/Cooper. Mr. Meisner identifies those two signatures and the entry "Phoned into DC 12/21/76" in the upper right- hand corner of page one as in the handwriting of the defendant Hermann/Cooper. Government Exhibit No. 110 was seized by Special Agent William J. Pettit from a file cabinet in the Information Bureau of the Cedars Complex. In a letter dated 3 June 1977, the United States Secretary at World-Wide Hermann Brendel sent the defendant Gregory Willardson, who had been elevated to the post of Deputy Guardian for Information U.S., "a list of the vital products needed from B1 [Information Bureau] US." He states that these were "taken from CSG [Mary Sue Hubbard] and GWW [Guardian World-Wide Jane Kember] orders". (Government Exhibit No. 112). Government Exhibit No. 112 was seized on July 8, 1977, by Special Agent Eusebio Benavidez from the pending basket on the defendant Willardson's desk at the Cedars Complex.

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.

 

Part IV of the Stipulation of Evidence


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