You got it wrong once more, people. You Anti-Scientologists can't think straight, that is why you can't figure me out. With all the hate, the lies and criminal acts against Scientology, L. Ron Hubbard and good and real Scientologists, you clogged your braincells and impaired your mind and intelligence. I found your incoherent and confused postings about me on the web, and I just can say, that if anyone of you ever would come under attack having to prove your sanity, you would all fail and not pass like me with flying colors and clean bill of health.
Nobody within Scientology has put me up to anything. Is that how you anti-Scientologists are functioning? You just go in action if somebody puts you up to it? I am my own woman, always was, always will me. In fact, I have not had contact with any Scientologist in a decade. I am living here in Utah, that is LDS country, all I see here are Mormons, millions of them, and no, I am not one of them. I am a Scientologist, always was, always will be and I am proud of it. I am just not on staff and not on Scientology lines.
My lawsuit of 1992 was not(!)against the religion Scientology, not(!)against devine, religious, genious, perfect, ethical, multi-talented, faszinating, grand humanitarian L. Ron Hubbard, and not(!)against courageous, highly intelligent, wonderful, irresistable, skilful, breathtaking and gentle Marty Rathbun (de Rothschild), (don't get jealous again, just get your own character and personality), and not against any true Scientologists. The lawsuit was against the criminal infiltrators of Scientology, people that pose as Scientologists, but are none, to destroy the true religion, L. Ron Hubbards findings and writings and deny good Scientologists their rights.
The Scientology organizations are similar infiltrated as the U.S. government with officials that have no true American agenda, but secretly work for forces hostile to the USA. This is the reason I am not on staff or on Scientology lines. Not the true Scientologists, but the criminal infiltrators would try to stop me in what I do and I have no time to waste shaking them off. Are you finally getting the picture?
Barbara Schwarz, November 12, 2002
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Re: Part 1: Get your records straight about me and Scientology
Date: Tue, 12 Nov 2002 12:00:48 -0500
Message-ID: <l0c2tuo0a7ulkuh6ulq5fq39uc1128ui18@4ax.com>
On 12 Nov 2002 08:31:15 -0800, BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz) wrote:
WHOOP WHOOP WHOOP KOOK ALERT KOOK ALERT.
Note that we on alt.religion.scientology are already WAY over our nutcase quota. There's no room for another, Ms. Schwartz.
However, for the poor people on other newsgroups who may not know exactly what this nut is jabbering about, here's some information
>You got it wrong once more, people. You Anti-Scientologists can't
>think straight, that is why you can't figure me out. With all the
>hate, the lies and criminal acts against Scientology, L. Ron Hubbard
>and good and real Scientologists, you clogged your braincells and
>impaired your mind and intelligence. I found your incoherent and
>confused postings about me on the web, and I just can say, that if
>anyone of you ever would come under attack having to prove your
>sanity, you would all fail and not pass like me with flying colors and
>clean bill of health.
The fact is you're a complete bloody loony.
For newbies, note that this absolute freak stalks a Scientology official named Mark Rathbun claiming that she is his wife (she isn't). She also wallpapers various government agencies with a blizzard of FOIA requests for such categories as "Nazis" and "Communists", her hapless stalking victim Marty "Mark" Rathbun and a dizzying array of other individuals and entities relating to her demented conspiracy theories to the extent she has managed to lose multiple court judgements.
http://www.oha.doe.gov/cases/foia/vfa0646.htm Here's a loss on her nutty stalking of Marty Rathbun
A representative quote follows:
Waiver Request One is apparently based upon Appellant’s assertions therein that (1) she is indigent and cannot afford to pay the required fees, (2) she needs the requested documents to find and free Mr. Rathbun, who Appellant believes has been wrongfully imprisoned by a "German Nazi conspiracy," and (3) the requested documents "will be of high interest for the American public and will shed light as to how a German infiltrated government works."
http://www.opic.gov/FOIA/FOIAReports/2001FOIAReport2.htm Search through this for various clearly nutty FOIA requests.
And here's a court case decided against this brazen lunatic.
http://www.oha.doe.gov/cases/foia/vfa0536.htm
Case No. VFA-0536, 27 DOE ¶ 80,245 December 2, 1999
DECISION AND ORDER
OF THE DEPARTMENT OF ENERGY
Appeal
Name of Petitioner: Barbara Schwarz
Date of Filing: November 2, 1999
Case Number: VFA-0536
On November 2, 1999, Barbara Schwarz filed an Appeal from determinations issued by the Department of Energy Headquarters Freedom of Information and Privacy Group (DOE/FOI) and by the Department of Energy’s Office of Inspector General (DOE/IG). These determinations responded to a request for information filed under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, as implemented by the Department of Energy (DOE) in 10 C.F.R. Part 1004.
The FOIA generally requires that documents held by the federal government be released to the public upon request. 5 U.S.C. § 552(a)(6)(A). However, Congress has provided nine exemptions to the FOIA setting forth the types of information agencies are not required to release. 5 U.S.C. § 552(a)(6)(B). Under the DOE’s regulations, a document exempt from disclosure under the FOIA shall nonetheless be released to the public whenever the DOE determines that disclosure is not contrary to federal law and in the public interest. 10 C.F.R. § 1004.1.
I. Background In a request dated June 18, 1999, Ms. Schwarz requested from the DOE records on the following individuals or subjects:
1) As to that the Germans are behind the nuclear weapons and other weapons of nations that are hostile to the United States,
2) As to that the Germans are behind terror acts and wars against the United States or against other countries which the United States want to protect,
3) As to a civilian submarine in the Great Salt Lake, that protects it’s [sic] residents from all kind of pollution and germs with the result that people stay young and have currently at least double the lifespan than people not living in this village,
4) As to L. Ron Hubbard and proposed energy programs and environmental programs and nuclear counterintelligence programs proposed by him,
5) As to Claude, Elizabeth, Phillip, Mark C., Harvey L., Edwin, Willard, Olivia Rathbun (de Rothschild) and proposed energy programs, environmental programs and nuclear counterintelligence programs proposed by them,
6) As to myself, Barbara Schwarz or misspelled version Schwartz,
7) As to if Mark C. Rathbun (de Rothschild)[,] members of his family, their attorneys or any Independent or Special Counsel inquired records pertaining to myself from the Dept. of Energy.
Letter from Barbara Schwarz to DOE (June 18, 1999).
On October 20, 1999, DOE/FOI sent a response to Ms. Schwarz. Letter from Abel Lopez, Director, DOE/FOI (October 20, 1999). DOE/FOI first stated that it had informed Ms. Schwarz in a July 19, 1999 letter that items 1 and 2 of her request "did not describe the records you were requesting with sufficient specificity for the DOE to conduct a search for responsive documents. This response, therefore, responds to items 3, 4, 5, 6 and 7 of your request." Id. The response then informed Ms. Schwarz that the
files of five offices at Headquarters were searched for documents responsive to your request. These offices were the Office of Congressional and Intergovernmental Affairs, the Policy, Standards and Analysis Division in the Office of Safeguards and Security, the Office of Headquarters and Executive Personnel Services, the Office of Inspector General, and the Office of the Deputy General Counsel for Litigation.
Id. DOE/FOI reported that (1) the searches of the first three offices listed produced no documents responsive to items 3 through 7 of her request; (2) DOE/IG has already provided a separate response to Ms. Schwarz; and (3) the search of the Office of the Deputy General Counsel for Litigation located only one document, the July 19, 1999 letter to Ms. Schwarz referred to above regarding the lack of specificity of the first two items of her request. Id. That document was provided to Ms. Schwarz in its entirety along with DOE/FOI’s October 20, 1999 response.(1)
II. Analysis Ms. Schwarz’s November 2, 1999 Appeal contends that the DOE’s search for documents responsive to her request was inadequate. She also takes issue with the DOE/FOI’s opinion that items 1 and 2 of her request did not sufficiently describe the records she was seeking. Finally, Ms. Schwarz contends that DOE/FOI ignored her request for a waiver of fees associated with the processing of her FOI request.
A. Ms. Schwarz’s Request for a Fee Waiver The DOE FOIA regulations state that the Department "will charge fees [to FOIA requesters] that recoup the full allowable direct costs incurred" but also state that, with certain exceptions, the "DOE will provide the first 100 pages of duplication and the first two hours of search time without charge." 10 C.F.R. § 1004.9(a). In addition, the DOE "will furnish documents without charge or at reduced charges if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and disclosure is not primarily in the commercial interest of the requester." Id. On July 24, 1999, Ms. Schwarz sent to DOE/FOI a request for a waiver of fees associated with the processing of her request. Letter from Barbara Schwarz to Abel Lopez, DOE/FOI (July 24, 1999). In her Appeal, Ms. Schwarz complains that DOE/FOI ignored her fee waiver request in its October 20, 1999 response, and insists that the DOE make a decision on this request. Appeal at 1. We will dismiss this portion of Ms. Schwarz’s appeal as moot because Ms. Schwarz does not claim the DOE charged her any fees for processing her request, and DOE/FOI has confirmed that the Department charged Ms. Schwarz no fees. Electronic mail from Sheila Jeter, DOE/FOI, to Steven Goering, OHA (October 10, 1999).
B. Adequacy of DOE’s Search for Responsive Documents Ms. Schwarz makes several arguments regarding the adequacy of the DOE’s search for documents responsive to her request. First, the Appellant notes that the DOE/FOI did not conduct a search of all offices of the DOE, as she had specifically requested. Appeal at 1. Second, she states that she requested a "search certificate, a declaration by the officials that conducted the search. . . . I have a right to know who those people are and how they conducted exactly the search to retrieve those records." Id. at 2. Third, she refers to a letter she received from this office dismissing an earlier Appeal she filed after receiving a separate response to her request from DOE/IG. Id. at 3. We stated in that letter that Ms. Schwarz should wait until she received a final response to her request from DOE/FOI before filing an Appeal with our office. Letter from Thomas O. Mann, Deputy Director, OHA, to Barbara Schwarz (September 24, 1999) at 1. We also informed her that DOE/FOI assigned her request to DOE/IG, "as well as to DOE’s Office of Management and Administration and the Office of Nonproliferation and National Security for searches." We went on to state that after "examining the documents you submitted, we have suggested that [DOE/FOI] also coordinate searches of DOE’s Office of General Counsel, the Executive Secretariat, the Office of Public Affairs and the Office of Congressional and Intergovernmental Affairs." Id. Ms. Schwarz wants to know "why weren’t those offices searched as it was promised . . . ?" Appeal at 3.
We have stated on numerous occasions that a FOIA request deserves a thorough and conscientious search for responsive documents, and we have not hesitated to remand a case where it is evident that the search conducted was in fact inadequate. See, e.g., Butler, Vines and Babb, P.L.L.C., 25 DOE ¶ 80,152 (1995). The FOIA, however, requires that a search be reasonable, not exhaustive. "[T]he standard of reasonableness which we apply to agency search procedures does not require absolute exhaustion of the files; instead, it requires a search reasonably calculated to uncover the sought materials." Miller v. Department of State, 779 F.2d 1378, 1384-85 (8th Cir. 1985); accord Weisberg v. Department of Justice, 745 F.2d 1476, 1485 (D.C. Cir. 1984). In cases such as these, "[t]he issue is not whether any further documents might conceivably exist but rather whether the government's search for responsive documents was adequate." Perry v. Block, 684 F.2d 121, 128 (D.C. Cir. 1982).
First, applying the above standard, we cannot agree with Ms. Schwarz that the FOIA requires in the present case a search of every office in the DOE, no matter how small the probability of finding responsive documents. Such would be the epitome of an exhaustive search, far beyond the requirement that a search be reasonably calculated to uncover the materials Ms. Schwarz seeks.(2)
In support of her contention that she was entitled to a "search certificate," the Appellant cites Steinberg v. Department of Justice, 23 F.3d 548 (D.C. Cir. 1994). In that case, a U.S. Court of Appeals reviewed the lower court’s granting of summary judgment to the Department of Justice. The Court of Appeals reversed the lower court, finding that the Justice Department had not shown that it had conducted a "reasonably thorough search of its records" because it had not described "in any detail what records were searched, by whom, and through what process." Id. at 551, 552. The Steinberg opinion, however, only addresses the showing an agency is required to make in support of a motion for summary judgment in a U.S. District Court. It does not state that an agency’s response to a FOIA request must provide a detailed description of its search. In fact, the FOIA simply requires, without further elaboration, that an agency make a determination in response to a request and "notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; . . ." 5 U.S.C. § 552(a)(6)(A)(i). Nor do the DOE FOIA regulations contain such a requirement, stating only, "Although a determination that no such record is known to exist is not a denial, the requester will be informed that a challenge may be made to the adequacy of the search by appealing within 30 calendar days to the Office of Hearings and Appeals." Thus we cannot agree with Ms. Schwarz that the DOE/FOI’s response to her request was somehow deficient for not describing in detail the search for responsive documents.
Nonetheless, in order to determine for purposes of the present appeal whether the DOE conducted an adequate search, we have gathered additional information from the various offices responsible for carrying out the search. Initially, because Ms. Schwarz questions in her Appeal whether each of the offices mentioned in our September 24, 1999 letter to her were in fact searched, we sought to clarify to which offices DOE/FOI referred Ms. Schwarz’s request. As DOE/FOI stated in its response, it referred the request to the "Office of Congressional and Intergovernmental Affairs, the Policy, Standards and Analysis Division in the Office of Safeguards and Security, the Office of Headquarters and Executive Personnel Services, the Office of Inspector General, and the Office of the Deputy General Counsel for Litigation." Letter from Abel Lopez, Director, DOE/FOI (October 20, 1999). Subsequent to Ms. Schwarz filing her appeal, DOE/FOI informed us that it also coordinated searches of the Office of Public Affairs and the Office of Executive Secretariat. Electronic mail from Sheila Jeter, DOE/FOI, to Steven Goering, OHA (October 17, 1999); Electronic mail from Sheila Jeter to Steven Goering (October 10, 1999). Thus, it appears that DOE/FOI in fact coordinated searches of each of the offices mentioned in our September 24, 1999 letter.(3)
1. Office of Safeguards and Security
The Policy, Standards and Analysis Division in the Office of Safeguards and Security provided the following information regarding its search. First, the office’s Central Personnel Clearance Index (CPCI) was searched for the names Barbara Schwartz and Barbara Schwarz. Memorandum of telephone conversation between Victor Hawkins, Office of Safeguards and Security, and Steven Goering, OHA (November 18, 1999). The CPCI is an computerized index of individuals who have held or been considered for security clearances. Id. The office also searched clearance documents on microfiche that predate the CPCI. Id. These microfiche documents are maintained in alphabetical order, and were searched under the names Barbara Schwartz and Barbara Schwarz. Id. Finally, a search was conducted of files of office correspondence dating from June 1993 to the present. The office searched these files by subject for correspondence related to the FOIA and Privacy Act. Id. The initial search of documents filed under this subject did not reveal documents that the office believed were responsive to the request. Id. A subsequent search, however, has revealed documents pertaining to L. Ron Hubbard that are arguably responsive to the request, and the Office of Safeguards and Security informs us that it will release these to the requester. Id.
2. Office of Public Affairs and Office of Congressional and Intergovernmental Affairs
One DOE management official coordinated the search for responsive documents in the Office of Public Affairs and the Office of Congressional and Intergovernmental Affairs. This official informed us that her standard procedure in response to FOIA requests is to send a memorandum to every staff member informing them of the request and asking them to get back to her by a date certain with any responsive documents located. Memorandum of telephone conversation between T.J. Hopkins, Office of Congressional and Intergovernmental Affairs, and Steven Goering, OHA (November 18, 1999). In the present case, no documents were located.
3. Office of Executive Secretariat
The official at DOE/FOI who coordinated the DOE’s overall search also conducted a search of the DOE’s Office of Executive Secretariat. Documents in this office are indexed in the Document On Line Coordination System (DOCS) system. The DOE/FOI official searched this system using the names of the individuals mentioned in Ms. Schwartz’s request. This search only located one document, Ms. Schwarz’s original FOIA request.
4. Office of Inspector General
After we contacted the DOE/IG regarding the present appeal, the office conducted a new search to confirm the results of its earlier search that found no responsive documents. Electronic mail from Jacqueline Becker, DOE/IG, to Steven Goering, OHA (October 19, 1999). We were informed that DOE/IG documents are maintained by three offices, the Office of Investigations, Office of Audits, and the Office of Inspections. Id. Each office has a computerized database in which any information maintained in a particular file can be retrieved electronically, and each office conducted computer database searches using the following keywords: Schwarz, Schwartz, Germans, Great Salt Lake, L Ron Hubbard, Hubbard, Eisenhower, Nazi, de Rothschild, and Rathbun. Id. These searches yielded no responsive documents. Id. The offices again distributed the request to DOE/IG Management, Directors and Team Leaders. Id. Upon their review, none recalled any cases or information concerning the individuals or subject matter mentioned above. Id. Finally, the Office of Audits manually reviewed all DOE OIG semiannual reports from 1982 to present with regard to the above- mentioned subject-matter. Id. This review also yielded no responsive documents. Id.
5. Office of Headquarters and Executive Personnel Services
The Office of Headquarters and Executive Personnel Services informed us that it searched the following files and records for the names of Barbara Schwarz or Barbara Schwartz: Senior Executive Performance Appraisal Records (based on career and non-career executive personnel data) in the Executive and Technical Resource Division; Lending Library files and records in the Career Resource Management Center; Computer database, office files and old office records in the Employment and Classification Division; Medical records and files, performance, conduct, leave, and family-friendly records and requests (e.g., leave transfer) in the Employee and Labor Relations Division. Electronic mail from Marilyn Greene, Office of Headquarters and Executive Personnel Services, to Steven Goering, OHA. The office also performed a name search of the Corporate Human Resources Information System (CHRIS) and a name search of the Department of Energy Information Database (DOEInfo). Id. No records or files were found for the names Barbara Schwarz or Barbara Schwartz. Id.
6. Office of the Deputy General Counsel for Litigation
The attorney responsible for conducting a search of the Office of the Deputy General Counsel for Litigation told us that he first checked to see if his office had any litigation pending that might relate to the subpoenas referenced in her request. Electronic mail from Dow Davis, Office of the Deputy General Counsel for Litigation, to Steven Goering, OHA (November 22, 1999). This revealed no responsive information. Id. He then asked a document control specialist in the office to conduct a computer search of two databases that track the office’s correspondence, using the names and subjects referenced in Ms. Schwarz’s request. Id. As noted above, this search yielded only a copy of the July 19, 1999 letter from DOE/FOI to Ms. Schwarz.
Based on the above descriptions, we conclude that the searches of the Office of Public Affairs, Office of Congressional and Intergovernmental Affairs, Office of Inspector General, and the Office of the Deputy General Counsel for Litigation were reasonably calculated to uncover the records sought by Ms. Schwarz. Though there was not one uniform search method used, each office clearly made a thorough and conscientious effort to locate all responsive documents it might have, either by notifying employees of the request and asking them to provide responsive documents or by searching computerized document tracking systems, and in some cases by using both methods.
Similar methods were employed by both the Office of Safeguards and Security and the Office of Headquarters and Executive Personnel Services. We note, however, that the Office of Safeguards and Security limited its subject search to one subject (FOIA and Privacy Act) and both offices apparently limited their name searches to only that of Ms. Schwarz. For this reason, we find that these searches were reasonably calculated to locate some of the records sought by the requester, but clearly not all of them. We therefore will remand this matter to DOE/FOI to coordinate further searches of these two offices. For guidance in conducting a more thorough search, we suggest that these offices refer to the subject matter and name searches used by DOE/IG in its search, which we discuss in detail above.
C. Adequacy of Ms. Schwarz’s Description of Documents Requested The first two items of Ms. Schwarz’s June 18, 1999 request sought records "[a]s to that the Germans are behind the nuclear weapons and other weapons of nations that are hostile to the United States," and "[a]s to that the Germans are behind terror acts and wars against the United States or against other countries which the United States want to protect, . . ." Letter from Barbara Schwarz to DOE (June 18, 1999). In a July 19, 1999 letter to Ms. Schwarz, DOE/FOI stated,
The DOE regulation that implements the FOIA provides, at 10 CFR 1004.4(c)(1), that a request "must enable the Department to identify and locate the records sought by a process that is not unreasonably burdensome or disruptive of DOE operations." The regulations further states that, where possible, specific information regarding dates, titles, file designations, offices to be searched, and other information that may help identify the records should be supplied by the requester.
We have determined that items 1 and 2 of your request do not reasonably describe the records you are seeking. Please provide more specific information that identify the particular documents to which you seek access so the appropriate programs can be searched for records responsive to the request. For example, you should identify those countries that you consider ?hostile’ to the United States and that the United States wants to ?protect.’
Letter from Abel Lopez, DOE/FOI, to Barbara Schwarz (July 19, 1999).
Ms. Schwarz responded to DOE/FOI’s July 19, 1999 letter by providing the following details as to the information she was seeking:
There is Saddam Hussein in Iraq. Do you have any indication as to that the Germans secretly set him up to any of his Anti-American hostilities? Do you have any record hereto?
Same goes for Osama Bin Laden.
Same goes for Iran.
Same goes for China.
Same goes for Libya. You must know that the Germans build [sic] in this decade secretly chemical weapons plants in Lybia, by knowing that Ghadafi targeted the United States. Do you have any records hereto?
As to my observations there are German programs that target the United States, it’s [sic] moral and it’s [sic] finances, and the lifes [sic] of U.S. citizens by getting them involved in actions of war. E.g., two countries start to fight, e.g. Israel and Palestine, or India and Pakistan, Iran and Iraq, Iraq and Kuwait, Russia and Afghanistan, Serbs against Bosnians and Albanians, etc., with the purpose that sooner or later the United States have to move in to restore peace and human rights. Do you have any records hereto?
Do you have any records to that the former war between Iran and Iraq was a set up so that Iraq would get secret information on U.S. weapons, which Iraq would then use in a war against the U.S. to defeat the U.S. and that this was set up secretly by the Germans?
Do you have any records as to that the Germans set up the Chinese secretly to spy out U.S. weapons?
Do you have any records that the Germans have plans to set up a war between China, any other country and the United States?
Letter from Barbara Schwarz to DOE/FOI (July 24, 1999).
We understand the position of DOE/FOI expressed in its October 20, 1999 response that, even with the additional information provided by Ms. Schwarz, the first two items of her request leave ambiguities that need to be resolved before DOE should undertake a search for responsive documents. For example, Ms. Schwarz does not indicate whether her use of the term "Germans" refers to the German government or individual Germans, or both. Nor is it clear whether she is seeking documents related to activities of the "Germans" during a specified period of time. By providing these examples, we in no way imply that Ms. Schwarz should be required to narrow the scope of her request. However, even a request for a broad scope of documents must be clear enough for the agency to determine what documents are being requested. Yeager v. DEA, 678 F.2d 315, 322, 326 (D.C. Cir. 1982) (holding valid request encompassing over 1,000,000 computerized records: "The linchpin inquiry is whether the agency is able to determine ?precisely what records [are] being requested’" (quoting S. Rep. No. 854, 93d Cong., 2d Sess. 12 (1974)). Thus, on remand, DOE/FOI should "invite the requester to confer with knowledgeable DOE personnel" in an attempt to clarify Ms. Schwarz’s description of the documents she is seeking in items 1 and 2 of her request. 10 C.F.R. § 1004.4(c)(2).
For the reasons explained above, we will grant Ms. Schwarz’s Appeal to the extent that we will remand this matter to DOE/FOI to coordinate a further search for responsive documents as described above. In all other respects, the present Appeal will be denied.
It Is Therefore Ordered That:
(1) The Appeal filed by Barbara Schwarz, Case No. VFA-0536, is granted as set forth in paragraph (2) below, and is in all other respects denied.
(2) This matter is hereby remanded to the Department of Energy Headquarters Freedom of Information and Privacy Group for further proceedings in accordance with the instructions set forth in this Decision and Order.
(3) This is a final order of the Department of Energy from which any aggrieved party may seek judicial review. Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia.
George B. Breznay
Director
Office of Hearings and Appeals
Date: December 2, 1999
(1)Ms. Schwarz apparently misunderstood DOE/FOI’s October 20 letter as stating that the one document located in the search of the Office of the Deputy General Counsel for Litigation had been sent to her along with DOE/FOI’s July 19, 1999 letter to her. Appeal at 2. We sought clarification from DOE/FOI, who informed us that the document located by that search was the July 19, 1999 letter. Electronic mail from Sheila Jeter, DOE/FOI, to Steven Goering, Office of Hearings and Appeals (OHA) (October 10, 1999).
(2)Ms. Schwarz also misreads the FOIA when she claims that she has "a right for [sic] two hours free search time and 100 copies of free document[s] from each of the offices of the Department of Energy." Appeal at 1. The statute simply provides that "[n]o fee may be charged by any agency under this section . . . for the first two hours of search time or for the first one hundred pages of duplication." 5 U.S.C. § 552(a)(4)(A)(iv). This simply means, for example, that the DOE may not charge for the first two hours of its search. It does not mean that the first two hours of the search of each DOE office is free. And the statute certainly does not require an agency (let alone each office within an agency) to expend a specified amount of its resources (e.g., spend two hours on each search) in response to a FOIA request.
(3)Two offices we mentioned in our September 24, 1999 letter, the Policy, Standards and Analysis Division in the Office of Safeguards and Security, and the Office of Headquarters and Executive Personnel Services, are offices within two of the offices searched, the Office of Nonproliferation and National Security and the Office of Management and Administration, respectively. We apologize to Ms. Schwarz for any confusion created by our September 24, 1999 letter.
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 2: Get your records straight about me and Scientology
Date: 12 Nov 2002 08:55:47 -0800
Message-ID: <a6bc00a0.0211120855.238524c8@posting.google.com>
I experienced over and over that it are the Non-Scientologists, that start the problems for the Scientologists and give Scientology a bad reputation. It is a German Nazi strategy to infiltrate, to not only attack, but to send their own people in organizations to cause damage and destroyal there. I was on staff, I run into infiltrators over and over again, and yes, they are mean, but they are no Scientologists. They never came in the orgs to study the religion, they came in the orgs to destroy, alter L. Ron Hubbard's policies, try to make them look ridiculous and unworkable, they abused others and denied their rights and then left staff and claimed they were abused, instead the truth that they are the criminals and abusers.
When I hear that somebody "suddenly" became an enemy of Scientology after many years on staff and in the sea org, and they "suddenly" claim that L. Ron Hubbard and Scientology would not be good, I just can shake my head, because what kind of slow thinkers are they? I knew right from the start that Scientology was the religion I was looking for, but those people don't even feel embarrased that they were not thinking for so many years and go public with their catastrophical shortcommings. What a low IQ is that? And as they were not thinking for so many years, they surely are not thinking now. However, fact is that those people never had any own thoughts about Scientology. They were sent in and the only thing they believe in is their case officer, their holy cow, who is same dumb. They can't think for themselves and they are not even ashamed being so stupid.
The difference between a Scientologist and an infiltrator is that the Scientologist used it head right from the beginning, and the infiltrator stayed a stupid remote controlled robot.
Barbara Schwarz, November 12, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 4: Get your records straight about me and Scientology
Date: 12 Nov 2002 10:03:46 -0800
Message-ID: <a6bc00a0.0211121003.8feba3b@posting.google.com>
Here is more about disgusting Birgitta Dagnell/Harrison, the Scientology-infiltrator:
I was around while Mike Sutter was in FOLO EU on his mission. Birgitta lied outrageously also about him. His conduct was absolutely professional. He treated everyone with rights and respect. And he had a hell of a lot more human compassion that Birgitta had. I noticed that he offered people a second chance, when they wanted it, but she was fanatically, trying to empty the orgs, to abuse her powers and to kick out without recourse, whomever she could. He was fair and just, Birgitta was unfair and very mean.
Last time I saw Birgitta was in summer 1984 in Folo EU. I was on Product Zero (a Sea org course) and she came to me and told me that I have no right to be in Scientology and this time, she kicked me out, without telling me why. She was flanked by some other non-Scientologists in Sea Org uniforms, that supported her. I was told to leave and not to come back again. This is not L. Ron Hubbard's Scientology. That is no Scientology at all. According to international laws, Birgitta and the other monkeys denied my right to exercise my religion. However, I have OT abilities (advanced human abilities, and yes, they exist and can be archived,) that helped me to figure out, why I was in fact kicked out. The German authorities, the same old Nazis as they ever were, filed a law suit behind my back, without my knowledge and consent against Scientology and Mark Rathbun (de Rothschild), in which they framed him that he kidnapped, raped and abused me, that they must have filed a restraining order against him, so that he can't contact me to testify. Birgitta must have known of this case, and instead telling me about it, she kicked me out, that Marty has no chance to get my testimony by not knowing where to reach me. On top of what she did to me, she obstructed also justice.
I would have testified that Marty was always the perfect gentleman, he did not kidnap me, did not rape me, did not abuse me in anyway. He had great manners, he helped me, it was a pleasure to have him around, there was nothing forceful or supressive about him, he was good to the bone, true, honest, honorable, was he is noble, able, educated, interesting, faszinating and that he had a tender, but passionate way to look at me that made my blood boil, which made me fall in love with him deeply and forever. (What a "crime", huh?) And that is what I would testify about him also today. (Read also part 5)
Barbara Schwarz, November 12, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: part 5: Get your records straight about me and Scientology
Date: 12 Nov 2002 10:44:13 -0800
Message-ID: <a6bc00a0.0211121044.23b79c61@posting.google.com>
More about criminal Scientology-infiltrator Birgitta Dagnell/Harrison:
After all she did to me in Folo EU, Danmark, she followed me to the United States, Salt Lake City, and contacted an acquaintance of mine, Joan Huber, a Non-Scientologist, a president of a Christian church, who enjoyed once a week for some hours my company. Birgitta asked that woman to arrange a meeting between her and myself, because Birgitta wanted to speak with me about her "bad experiences in Scientology". I recalled that Birgitta was the one that caused me bad experiences in Scientology, so I declined. Joan delivered the message and said that Birgitta had asked her what kind of personality I have and that she, Joan replied how she sees me, as highly organized, alert and very intelligent. (Joan forgot to mention my great sense of humor, but I forgive her that.) So, if Birgitta and I were room mates and good friends, how come she did not know my personality and had to ask others about that?
Birgitta retaliated on the web for that I did not want to see her. She posted on the Internet (altered my last name to Schwartz instead Schwarz) that I would have a destroyed personality and would live in fear of Scientologists. Nothing can be further from the truth. I don't fear Scientologists at all. I still consider true Scientologists as my friends, brothers and sisters, but I really can't stand the criminal infiltrators of Scientology and would like to see them getting what they deserve. But I don't fear those monkeys either. I survived so many storms in my life (not caused by Scientology), that I don't even know anymore what fear is. I stand up for and do what I think is right, and if I don't survive that, I still have my character to take with me to the next journey.
Birgitta, the disgusting criminal continued to lie publicly about me that she would in contact with members of my family. She never was in contact with members of my family, just with Rosemarie Bretschneider, who is a convicted felon, convicted of having kidnapped me. Rosemarie is a psychopath, she read too much of hostile Anti-Scientology hate propaganda, which made her snap. So watch out, where your hate against Scientology carries you, people! But even Rosemarie does not want to correspond with Birgitta anymore and stopped relpying to her mail. Rosemarie also never would have described me as fearful destroyed personality, because she actually thinks I am a genius and have the best and strongest personality in "her family". Rosemarie attacked Scientology, because she does not want to share me with Scientology or anybody else. She almost prays to me, and yes, that is her own cult and has nothing to do with Scientology. She thinks I am the savior of all her problems. When I am around her, all her problems go away, all her sins are forgiven and she will end up in heaven. She is completely possessive and yes, creepy. My siblings and anybody else in my family never had contact with Birgitta and they don't want have any with her. They love and adore me, they come to me for help and advice, and I am are the person they love most. I apply Ron's wisdom, they often don't know it, but they all love it, and they all agree that I am the best that happened to our family. There you have it.
Birgitta must be the one who is completely demented by thinking that I forgive her her crimes and want to be now friends with her. If you want to be my friend, don't deny my rights, don't conspire against me and don't lie about me. I however are certain she just wanted to meet me to try to mislead me. With my advanced human abilities I figured out what people do behind my back. Foolish little Birgitta thought, she could mislead me, when in fact I have x-ray vision and can instantly look through people and get their intentions.
As a sum let me say this: L. Ron Hubbard's Scientology rocks! The infiltrated Scientology stinks! American ideals, values and basics rock! The infiltrated U.S. government stinks! Got it?
Barbara Schwarz, November 12, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: So, who is the mystery man, Birgitta?
Date: 14 Nov 2002 08:33:49 -0800
Message-ID: <a6bc00a0.0211140833.44fd372b@posting.google.com>
You know exactly that I never ever wrote to you. These are the first lines I ever addressed to you. Of course I don't trust you, Birgitta. Trusting you means embracing a King Kobra. You did not blew from FOLO EO in 1983, you blew in 1984, after you kicked me illegally out. You got a bad conscience that it would become broadly known. After all, I was well known by other Scientologists and many staffs in the Munich org rated me as the person with the highest affinity for others. Your gave your infiltrator job up, because you got scared, after all, violating international laws and obstruction of justice are not exactly small crimes. So you run. I don't mix you up with anybody else, Blondie, I know exactly who you are. (Don't try to change your haircolor, I always will pick you out in a police line up.)
Joan Huber did never mention any man to me. She just told me that you constantly called wanting to meet me. If you did not make that man up, that lied to you that I am in deep troubles, you can tell me his name. Who is it and what makes that creep an "expert" of my affairs? You were not alone in this, Birgitta? It smells more and more after another set up, another attempt to kidnap and "deprogram" me, which is actually depersonalization, because I have no program in me. You are the people that are programmed. You have a dumb mindcontroller and case officer that runs you.
You had no good intentions towards me in FOLO EO, Birgitta, so no rocket scientist is needed to determine that you had none in the mid 90's and none in present time. You never wanted to help me, your only purpose was to harm me. I know it sounds sick to others, but this is just the kind of person that Bid is.
I survived the kidnappings, all depersonalization attempts. You Scientology persecutors and terrorists did not succeed in making me to an enemy of Scientology, L. Ron Hubbard, Marty Rathbun (de Rothschild) or any good and true Scientologist. Give it finally up and leave me be. I will never become one of yours. I just got stronger in spirit. I am a Scientologist, I stay one, get used to it and get a life. Barbara Schwarz, November 14, 2002.
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 1: Barbara Schwarz says you Anti-Scientologists need rabies shots!
Date: 16 Nov 2002 08:34:12 -0800
Message-ID: <a6bc00a0.0211160834.56159032@posting.google.com>
You Anti-Scientologists all need rabies shots! You remind me on a bunch of rabies stricken coyotes that maul everyone, who tells the truth. You brain dead folks, what is so absurd to claim that the U.S. government is infiltrated? FBI spy Hanssen and other spies that were discovered are just my imagination, or what? Ask the CIA if you like, but also they suspect in meantime hundreds of more spies in the U.S. government. Go ahead, drop them a line. What is so absurd to claim that the Scientology organizations are similary infiltrated by Anti-Scientologists? Did it ever dawn on you that certain policies or directions for excessive donations for Scientology services never were written by L. Ron Hubbard?
Fact is that not I are crazy, but you Anti-Scientologists are stupid. You just can't follow me. It's called low IQ. It a rocket scientist would explain to you guys the universe, you would sit there with mouth wide open and dumb grin on your faces, without having the faintest idea what the scientist explained. The problem lies in you, coyotes, not in me.
However, I don't believe that any of you Anti-Scientologists and zoo-inhabitants, but rather true Scientologists will raise in future and will correct the criminal infiltration of the Scientology orgs lawfully and effectively. Just stay tuned. I am great in predicting the future.
I have no time to waste to respond to you wild coyotes in details to your hate postings, so I'll make it very quick, but I am telling you people, if I would be one of you, I would get a rabies shot to get the white spit of insanity from my face.
Attn. Sheila Graham: Yes, Sheila, use your money for an education, that can't hurt in your case, neither in case of the other Anti-Scientologists.
Attn. David Shy: Boy, you need a double dose of medication to get over your rabies. You don't sound like an adult. Does your mom know you are up at night posting nasty stuff on the Internet? And stop banging with your head against the wall, the roof will come down and it does not make you smarter.
Attn. Mimus: You better grow up too. In meantime play with Dave Shy in the sandbox. There you can throw with mud. It doesn't matter if you bite each other, you both have advanced rabies. You did not get my point at all, little Dave, whatever you saw in denials of rights in the Scientology orgs (if you did not make it completely up like Birgitta, the "Santa Lucia") was not L. Ron Hubbard's Scientology, but the work of organized Anti-Scientologists like yourself.
Barbara Schwarz, November 16, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 2: Barbara Schwarz says you Anti-Scientologists need rabies shots!
Date: 16 Nov 2002 08:57:00 -0800
Message-ID: <a6bc00a0.0211160856.25e47678@posting.google.com>
You Anti-Scientologists all need rabies shots! You remind me of a bunch of rabies stricken coyotes that maul everyone, who tells the truth.
Attn. James Glass: Somebody hit you on the head very hard and your brain is now one flat plate, right? You are the same kind of geek like Koos and Phil Chidester. You must be a real nutty ape thinking a woman like me ever would connect with them. You have not the faintest idea who I am. Not I need help, you people need urgently assistance to develop from primitive animals into something that has similarities to a human being. Leave those alone that want to be left alone. What you claim is wrong with Scientologists is actually wrong with you guys. How can you seriously suggest a resolution involving me and Birgitta, my abuser? She belongs in a jail. Do you suggest also resolutions when people are angry about the Anti-Scientologists that are still in the orgs, or just when they left to another stage of destroying Scientology and attack from the outside, like Birgitta? If she would be still on staff in an org, who would all rail against Birgitta, right? But as she is officially now a Scientology attacker all her high crimes are forgiven. Your justice stinks like a wet dead dog, Jim, and I bet you smell exactly like that too.
Attn. Andrew R: You don't know Birgitta in person, as I do. She has two faces, one sweet and nice, the other one fanatical, demented, mean and outrageous criminal. But you don't want to hear the truth about her, right? There is nothing anymore sweet about Bid when she goes in her Hitler valence. You just hope that there is no gas chamber around. Remember that even Bin Laden has friends who says that he is such a sweet guy.
Attn. Rebecca Harton: From what basement of mental hospital did you crawl out? If not all healthy people are drugged and electroshocked you are not happy, right? Even if psychiatrists would take all of my brain out, Rebecca, I still would be a hell of a lot smarter than you are with all of your brain in that little flat animal head of yours. Go and see your veterinarian. Recently another psychiatrist was convicted in Utah for having murdered his patients. Hey, what would we do without the terrorists in white, right, Becky? You know what your problem is? Your Prozac makes you lose your touch with reality. Stop gulping those pills and get an IQ.
Barbara Schwarz, November 16, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 3: Barbara Schwarz says you Anti-Scientologists need rabies shots!
Date: 16 Nov 2002 09:39:25 -0800
Message-ID: <a6bc00a0.0211160939.709772b5@posting.google.com>
You Anti-Scientologists all need rabies shots! You remind me of a bunch of rabies stricken coyotes that maul everyone who tells the truth.
Attn. Tilman Hausmann: How is Nazi Germany, today, Tilly? How many Scientologists did you and Germans like you persecute today, how many lost their jobs, their children, their spouses, their homes, their businesses, thanks to you? How many stones did you or Germans like you threw through the windows of the Scientology orgs, how many bomb threats did you make, how many hate calls and hate letters did you send in the orgs, how many hate graffiti did you spray on orgs walls or on the walls of the orgs neighborhoods, just because you don't like their religion as you did not like the religion of the Jews? That and much more was done by you German Anti-Scientologists while I was in Germany. You Germans are still the same old Nazis that you ever were. Isn't it a pity that the gas chambers got so unpopular in other parts of the world that you can't use them against Scientologists anymore? But there are still the mental hospitals, right, Tilly? They always will be eager to mess up or kill Scientologists and others.
Mark Rathbun (de Rothschild) will come free of his incarceration and he will pick a very large bone with you, Tilman Hausherr, for your absolute insane Nazi suggestion, that I should be institutionalized, because of my love for him. Here in the United States love is a wonderful thing, but you Germans make a mental illness out of it. You try to alienize me from Marty, and take my word for it he does not like it at all, because I happen to be the love of his life, just as he is mine. He has quite a temper and he'll kick your behind till the color shows what you really are: A jealous pavian!
You try to belittle Rosemarie Bretschneider's criminal acts, her felonies, the kidnapping, the deprivation of liberty, the abuse, the violence, just because one of your many German Nazi courts did of course not apply the appropriate justice. If a Scientologist would do to a regular German beerbelly what Germans did to me, that Scientologist would have been lynched in Germany by you Nazis, but to do it to a Scientolgist is just fine, right, Hausherr? Such criminals just get a slap on the wrist and can continue their outrageous crime spree.
I would have not build a wall through Germany after WWII, Tilly. I would have build a wall all around Germany, to make sure that all your wild beasts are locked up and can't come out to poison the rest of the world. Instead of implementing the Marshall Plan and building up your freaking Germany with American money, I would have assigned you German Nazis the hardest labor, so that you get a taste of the medicine you administered to the Jews. When America needs Germany you are anyway not helping, but just running cynical campaigns against the USA. I rather be a woman under a veil in the orient, than a Scientologist in Germany. You Germans never protected any right of mine, you just outrageously violated them. Yes, I blame you, the German government, the German Anti-Scientologists and the media of that Rosemarie Bretschneider snapped, because you all were feeding her with lies and hate propaganda about Scientology and I had to suffer the consequences. It is like handing a nutcase a gun. You Germans still sleep with the swastika under your pillows, that is the problem.
Tilly, willste wissen wann ich wieder nach Deutschland komme? Wenn die Hoelle zufriert. Nie wieder! Ihr habt mir das Kraut ausgeschuettet. Ich moechte in Deutschland nicht mal begraben sein. Heil Hitler!
Folks, the white foam in the faces of the Germans like Tilman might be not only caused by the rabies, it's also beer. They drink beer like water and that is why they are not only fat, but also completely dumb. They braincells all dissolved in alcohol.
So. Tilly, rush to get your rabies shot and do also something against the alcoholism.
Barbara Schwarz, November 16, 2002. (Read also part 4)
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 4: Barbara Schwarz says you Anti-Scientologists need rabies shots!
Date: 16 Nov 2002 09:59:19 -0800
Message-ID: <a6bc00a0.0211160959.6a71c169@posting.google.com>
You anti-Scientologists all need rabies shots! You remind me of a bunch of rabies stricken coyotes that maul everyone who tells the truth.
Attn. PTSC: Are you sure that you are not PTS3? You are one of those cowards that hide under a nickname, so that you better can lie about others and can better insult them, right? Afraid that somebody will hold you accountable for your lies, insults, slander and hate propaganda? Don't worry, your criminal acts will catch up with you.
Who told you that I am lonely? You have no idea what my life is like. My life is packed with people that desperately want to connect and get my attention. My problem is rather to find solitude. You are also such hypocrites. When Scientologists are on staff you claim that they can't stand on their own and can't live without the group. If they stand on their own, you claim they are loners. Don't you see how contraditory you are? I just don't need a shoulder to cry on for each paper cut, as you do.
Neither did Mark Rathbun ever stalk me, not did I ever stalk Marty. How dare you, PTSC-coyote, to speak for him. Why don't you ask him personally what he thinks of me? Afraid that he busts your rips and punches your slimy rabies-nose for your attempts to alienate us? You are one jealous bastard, PTSC. You don't know anything like a woman as me. You are a total primitive retarded jerk, and I can't imagine any woman wanting you. Probably a Gorilla-woman would take you. So, take a hike, go to the zoo, pick a pretty hairy one with sweet breath and rocking IQ like yours and move in her cage, but stay away from us.
Barbara Schwarz, November 16, 2002
Attn. Mike Gormez: Part 3 of "Get your records straight about Scientology and me" was posted, but PTSC does not want you to know. Just wipe the rabies spit from your computer screen and you will find it. It's really good. You will rave about it all day. You really should work on your manners and watch your language. You sound as somebody raised you in a pigstable.
Barbara Schwarz, November 16, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 5: Barbara Schwarz says Anti-Scientologists need rabies shots!
Date: 16 Nov 2002 10:39:31 -0800
Message-ID: <a6bc00a0.0211161039.4afbc818@posting.google.com>
You anti-Scientologists all need rabies shots! You remind me of a bunch of rabies stricken coyotes that maul everyone who tells the truth.
Attn. Dobe R. Mann: You also are terrifed somebody find out who you really are, right, Pluto? Dobermann is an ugly German dog, so you are admitting that you are an animal. Your postings really killed me. Good grief, doggy, Scientology is no grammar school. Yes, L. Ron Hubbard developed a very effective study technology, but the religion Scientology goes light years beyond that. It helps you to discover who you really are and how you can reach higher awareness levels and abilities. It's a gigantic journey filled with amazing and incredible discoveries about yourself, but this is all to high for a dog, so I don't even try to enlighten you. You are just interested in marking trees and drinking from the toilet. So, a dog found my syntax and spelling in my english postings not absolutely perfect. How about that! But you know that english is only my second language. Do you speak a second language as fluently as I speak english? (Except barking, of course.) No, I thought so. How come you don't ridicule syntax and grammar of fellow Anti-Scientologists? Some of them even have english as first language and they write as they never attented more that a year of school. What about your beloved Birgitta Dagnell/Harrison. Did you ever go through her postings with a red pen and mark her mistakes? You will run out of red ink.
However, I have more important things to do than to entertain you dumb arrogant folks. You are just animals. You say so yourself. So, why don't you go eat your Alpo, dig out a bone in your garden, chase your neighbor's cat. But don't infect her with your rabies, that would be really mean.
Barbara Schwarz, November 16, 2002
Attn. Jack Craver: Why do you ask me if OT-abilites can be restored? I did not lose my advanced human abilities. But I give you a tip: As more true you are, as more you will develop and discover them. As more untrue you are, as more you will not develop or discover them. On my journey as Scientologists I discovered amazing things about myself and experienced even miracles. I don't need any luck, my abilities are all the luck that I need. Right now I try to walk on water. (Alright, I admit, last was a joke, but everything else is not.) However, if any of you want to try it, do it first in the bathtub. Deep water is just too dangerous for beginners. I know that coyotes can swim, but don't forget you Anti-Scientologists have rabies, so you likely would just drown.
Barbara Schwarz, November 16, 2002
Attn. Frederick Rice: What I hated most of all was when people constantly wanted to force their help on me, when I don't needed one. I want to make my own decisions just like anybody else. Yes, I was even kidnapped, because others wanted to force their "help" on me, and that really hurts. You Anti-Scientologists suffer on serious mental health issues. You can't have it if people don't want your help and want to be left alone. It is no help to force somebody to what he or she does not want to do. Is this so difficult to understand? This sickness that you people have inside of you to force others to do what you think is right, is insanity. So, What kind of a Captain are you? A Captain of a rabies stricken bunch of coyotes?
Barbara Schwarz, November 16, 2002
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Kook of the Month nomination Barbara Schwarz (was Re: Part 4: Barbara Schwarz says you Anti-Scientologists need rabies shots!)
Date: Sat, 16 Nov 2002 14:25:05 -0500
Message-ID: <1k6dtuo9pgljogs83fnq9iuf4dd3fhm2v7@4ax.com>
Evidence enclosed. Reasons for nomination:
1) Describes herself as a Scientologist 2) Describes herself as the granddaughter of Dwight D. Eisenhower and the daughter of L. Ron Hubbard 3) Posts from a public library
and 4) This paragraph, just by itself, deserves an award:
"Neither did Mark Rathbun ever stalk me, not did I ever stalk Marty. How dare you, PTSC-coyote, to speak for him. Why don't you ask him personally what he thinks of me? Afraid that he busts your rips and punches your slimy rabies-nose for your attempts to alienate us? You are one jealous bastard, PTSC. You don't know anything like a woman as me. You are a total primitive retarded jerk, and I can't imagine any woman wanting you. Probably a Gorilla-woman would take you. So, take a hike, go to the zoo, pick a pretty hairy one with sweet breath and rocking IQ like yours and move in her cage, but stay away from us."
BUSTS YOUR RIPS! SLIMY RABIES-NOSE!
and finally 5) Her lawsuits
Here's a quote from one:
"Ms. Schwarz is a German citizen who seeks records from the Central Intelligence Agency on: (1) President Dwight Eisenhower, who she claims is her grandfather; (2) her husband, Mark C. Rathbun, who she alleges is the secret heir to the Rothschild fortune; (3) her father, L. Ron Hubbard, who she alleges is the son of President Eisenhower and from whom German Nazis kidnaped her at an early age and forced her to live in Germany; and (4) herself - allegedly the abducted granddaughter of President Eisenhower."
Schwarz v. CIA, No. 99-4016, 1999 WL 330237 (10th Cir. May 26, 1999)
Whole judgment available at http://laws.findlaw.com/10th/994016.html
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Newsgroups:
alt.religion.scientology,alt.religion,alt.religion.scientology.new-church,alt.religion.scientology.xenu,alt.self-improve
Subject: Part 4: Barbara Schwarz says you Anti-Scientologists need rabies shots!
Date: 16 Nov 2002 09:59:19 -0800
Message-ID: <a6bc00a0.0211160959.6a71c169@posting.google.com>
alt.religion.scientology.xenu:4966 alt.self-improve:29493
You anti-Scientologists all need rabies shots! You remind me of a bunch of rabies stricken coyotes that maul everyone who tells the truth.
Attn. PTSC: Are you sure that you are not PTS3? You are one of those cowards that hide under a nickname, so that you better can lie about others and can better insult them, right? Afraid that somebody will hold you accountable for your lies, insults, slander and hate propaganda? Don't worry, your criminal acts will catch up with you.
Who told you that I am lonely? You have no idea what my life is like. My life is packed with people that desperately want to connect and get my attention. My problem is rather to find solitude. You are also such hypocrites. When Scientologists are on staff you claim that they can't stand on their own and can't live without the group. If they stand on their own, you claim they are loners. Don't you see how contraditory you are? I just don't need a shoulder to cry on for each paper cut, as you do.
Neither did Mark Rathbun ever stalk me, not did I ever stalk Marty. How dare you, PTSC-coyote, to speak for him. Why don't you ask him personally what he thinks of me? Afraid that he busts your rips and punches your slimy rabies-nose for your attempts to alienate us? You are one jealous bastard, PTSC. You don't know anything like a woman as me. You are a total primitive retarded jerk, and I can't imagine any woman wanting you. Probably a Gorilla-woman would take you. So, take a hike, go to the zoo, pick a pretty hairy one with sweet breath and rocking IQ like yours and move in her cage, but stay away from us.
Barbara Schwarz, November 16, 2002
Attn. Mike Gormez: Part 3 of "Get your records straight about Scientology and me" was posted, but PTSC does not want you to know. Just wipe the rabies spit from your computer screen and you will find it. It's really good. You will rave about it all day. You really should work on your manners and watch your language. You sound as somebody raised you in a pigstable.
Barbara Schwarz, November 16, 2002
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Barbara Schwarz denounced by FOIA proponents
Date: Sat, 16 Nov 2002 18:22:58 -0500
Organization: Busts Your Rips!
Message-ID: <vkkdtu03vigpahntmf2q2sglu65tok8vsn@4ax.com>
Schwarz is such a lunatic that even other prolific FOIA users are disgusted with her for her relentless creation of rotten precedents that can then be used against legitimate FOIA users.
---
http://www.fas.org/sgp/news/secrecy/2002/10/103102.html
SECRECY NEWS from the FAS Project on Government Secrecy Volume 2002, Issue No. 109 October 31, 2002
FREEDOM OF INFORMATION AND "IMAGINARY CONSPIRACIES"
CRITIQUE OF THE CIA CODEWORD COMPARTMENT
ELLSBERG'S "SECRETS"
UK PRO RELEASES
FREEDOM OF INFORMATION AND "IMAGINARY CONSPIRACIES" In the climax to one of the most bizarre chapters in the history of Freedom of Information Act (FOIA) litigation, a federal judge issued a ruling last month not only on what the law requires but on what is real, and rebuked a requester for "seeking information about an imaginary conspiracy."
The requester, Barbara Schwarz, a resident of Salt Lake City, has become a figure of almost mythical proportions among government freedom of information officers because of her relentless pursuit of nonexistent information and her astonishing litigiousness.
In one lawsuit last year, she named 3,087 defendants in a complaint that was 2,370 pages long. The judge observed that she had sued "what appears to be every federal department, independent federal agency and office or component thereof and each agency's FOIA officers."
That case was dismissed as frivolous and malicious and, in a most unusual step, the court enjoined Ms. Schwarz from further filings. But at least two related cases of hers remained pending, until last month's dismissal of one of them.
"The premise of plaintiff's FOIA requests," as summarized by the Court, "is that a German Nazi conspiracy has infiltrated the United States Government, that [her husband] is being held secretly having been falsely convicted, that one purpose of the conspiracy is to prevent plaintiff from locating [her husband] or his parents or attorneys so that she can testify on his behalf, and that an independent or special counsel may be trying unsuccessfully to reach plaintiff to obtain her testimony."
"The Court concludes that this premise is fanciful and has no basis in fact," wrote D.C. District Judge John D. Bates in his September 24 ruling.
"The Freedom of Information Act is designed to provide requesters with real information about how the government works," Judge Bates continued. "Its admirable purpose is abused when misguided individuals are allowed (in this case, repeatedly) to submit requests to every agency and subdivision of the government, seeking information about an imaginary conspiracy."
It is a source of frustration for other FOIA requesters to have to wait in line while Ms. Schwarz demands, for example, documents proving that L. Ron Hubbard, the founder of Scientology, is the unacknowledged son of President Dwight Eisenhower (Ms. Schwarz asserts that she herself is the unacknowledged daughter of Hubbard.); or CIA records "relating to a village in Utah named Chattanooga"; or any records referring to her "under code name 'Cindy'."
From a greater distance, however, the Schwarz litigation illustrates just how far the FOIA system will go to accommodate individual requesters, no matter how peculiar, idiosyncratic, or demented they may be.
"Courts are here to grant justice to anyone not only to certain people," Ms. Schwarz wrote last year (all in CAPS).
Though she does not recognize it, justice is what she has received.
A copy of Judge Bates' September 24 ruling dismissing Schwarz v. FBI, et al, obtained from the DC District Court Clerk's office, is posted here:
http://www.fas.org/sgp/foia/schwarz.html
Undeterred by the adverse decision, Ms. Schwarz has filed notice of appeal.
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
[date stamp:] SEP 24 2002
___________________________________
BARBARA SCHWARZ )
Plaintiff, )
) Civil Action No. 00-2758(JDB)
v. )
)
FEDERAL BUREAU OF )
INVESTIGATION, et al., )
Defendants. )
___________________________________)
MEMORANDUM OPINION
In this case under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), plaintiff names the Federal Bureau of Investigation ("FBI") and 47 of its subdivisions, the Office of Information and Privacy ofthe Department of Justice,1 the Central Intelligence Agency ("CIA"), and the Department of the Army and 19 of its subdivisions. Defendants have filed a motion to dismiss the complaint for failure to state a claim on which relief can be granted. On review of the complaint, the motion, plaintiff's opposition, and the applicable law, including decisions in previous cases filed by plaintiff in this Court, the motion will be granted.
I. The Complaint
This is one of many cases related to plaintiff's efforts to obtain information about herself and Mark C. Rathbun. The premise of plaintiff's crusade in this and other FOIA cases is that Mark Rathbun has been illegally convicted of having raped and murdered her, that she is his "relief witness," and that his location in a federal prison is being concealed as part of a German Nazi conspiracy that infects many levels of the federal government.2 The claims against the subdivisions of the Department of Justice relate to FOIA requests mailed by plaintiff in June, July, and August, 2000. The claim against the CIA involves a FOIA request plaintiff mailed on June 15, 2000. Her claim against the Department of the Army and its subdivisions involves requests she mailed on October 8, 1999, and July 24, 2000.3
A. The Claims against FBI Offices
Plaintiff mailed identical FOIA requests to nine FBI field offices on June 7, 2000,4 to eleven different FBI field offices on July 13, 2000,5 and to 25 additional FBI field offices on August 7, 2000.6 The requests were for information regarding herself (either as Schwarz or Schwartz), Mark C. Rathbun (de Rothschild), and Mark's parents Claude and Elizabeth Rathbun (de Rothschild). Plaintiff asked whether Rathbun, his attorneys or his family's attorneys, or an independent or special counsel had contacted the field office for records regarding plaintiff or her FOIA litigation. Although plaintiff's primary interest is in Rathbun, she also requested information about L. Ron Hubbard, the founder of the Church of Scientology. She asserts that the FBI "persecuted" Hubbard "most of his life, after FBI bought lies from German Nazis that he would be no honorable man." See, e.g., Compl. at 13. Plaintiff identified specific indices in which she asked that each search be made, and requested all public records on the individuals mentioned and a search declaration from each office. She provided a certification of her identity and authorized the field offices to provide any records on her to Rathbun, his family, their attorneys, or an independent or special counsel. Plaintiff received varying responses from the offices. Generally the response was to ask her to provide privacy waivers from individuals other than herself, and to inform her that the office had no responsive records and that no inquiries or subpoenas had been received from any independent or special counsel. Some offices advised plaintiff that FBI headquarters has records on L. Ron Hubbard, after plaintiff informed them that he had been declared dead.7
Some offices described the records systems that had been searched, prompting plaintiff to complain that the offices had failed to search other records systems. The Pittsburgh office, defendant 7, told plaintiff that it had records of a case she had filed in the United States District Court for the District of Maryland, but did not produce those records. Compl. at 19. This response caused plaintiff to complain that the office should have found records of her litigation in Utah and the District of Columbia, and that other offices should have located the records of these cases and thus had not conducted adequate searches. E.g., FBI Cincinnati, defendant 19, and FBI San Francisco, defendant 36. Compl. at 88.8 Plaintiff objects that she was not provided "search declarations" and that the offices that located no records on her did not tell her which names had been searched.
Plaintiff's June 15, 2000, request to the FBI's Criminal Justice Information Services Division, defendant 48, was specifically for records generated in connection with appeals on a previous FOIA request and plaintiff's litigation in West Virginia, the Fourth Circuit, and the United States Supreme Court. She asked also whether that office had received inquiries or subpoenas for records of her prior FOIA litigation from Rathbun's or his family's attorneys or the independent or special counsel. Compl. at 112-13. An official of this office responded with what plaintiff claims is a deliberate misconstruction of her request9 and a referral to headquarters for processing.
Plaintiff's administrative appeals from the various responses have been denied.
Plaintiff challenges the sufficiency of the search conducted by every office that responded that it had no records on her and no record of an inquiry by an independent or special counsel. She claims that the offices provided wrong information when they say she has never been of investigatory interest to the FBI and had not been the subject of electronic surveillance. She refuses to accept a response that the office has no such records and than it will not search for records on Mark Rathbun or his parents without a privacy waiver.10 All such responses are attributed to the German Nazi conspiracy. For example, plaintiff asserts that the Pittsburgh office "misinformed Mark Rathbun, his family or their attorneys (sic) or the independent or special counsel having no records on me so that they don't get hold of me as witness and to obstructjustice." Compl. at 20; see also Compl. at 50 (Louisville Field Office, defendant 22). In some instances, a "no records" response provokes an allegation that the office simply did not conduct any search. See, e.g., Compl. at 38 (Phoenix field office, defendant 18) (plaintiff asserts that the requested subpoenas exist and the office is "deliberately withholding them from" her); Compl. at 41 (Cincinnati field office, defendant 19); Compl. at 46-47 (Newark field office, defendant 21).
The Boston office and its related office in Bangor, Maine, defendants 12 and 13, sent plaintiff seven pages relating to L. Ron Hubbard, with excisions of the names of FBI agents who wrote reports, in reliance on Exemption 7(C) of the FOIA, 5 U.S.C. § 552(a)(7)(C). Plaintiff objects to the excisions on the ground that "if a government employee wants to stay private, he or she should seek employment in the private sector." Compl. at 30. In addition, because plaintiff has been informed that FBI headquarters has more than 600 pages of records on Hubbard, she contends that it is impossible that other offices have no records on him. See, e.g., Compl. at 38 (Phoenix field office, defendant 18). The Cincinnati field office, defendant 19, found records on Hubbard but declined to produce them, referring plaintiff instead to the FBI Headquarters reading room. Plaintiff asserts that "they found German Nazi lies in those records ... that were deliberately wrongfully spread about L. Ron Hubbard to destroy his reputation and life and they don't want me to obtain a copy, so that I can't correct the lies." Compl. at 42. Plaintiff asserts that she has a right to 100 pages free ftom these records and should not be referred to the reading room when she is in Utah.11 Compl. at 42. The Cleveland field office, defendant 20, provided 15 pages relating to Hubbard, also with certain excisions made in reliance on Exemption 7(C). Plaintiff objects that additional records must be available and seeks an in camera inspection to determine whether the exemptions were proper. Compl. at 44. Some offices, for example the Newark field office, defendant 21, the Louisville field office, defendant 22, and the Milwaukee field office, defendant 23, referred plaintiff's request about Hubbard to headquarters. Plaintiff asserts this was a deliberate attempt to delay processing of her request because of the known backlog of FOIA requests at FBI headquarters.
B. The Central Intelligence Agency
Plaintiff's request to the CIA, defendant 49, was for any records generated and received in connection with her prior FOIA requests and appeals, and litigation records relating to a case in the District Court for Utah and the Tenth Circuit. Plaintiff asked that a search be made in several offices at CIA headquarters and also in seven district offices. When she had received no response after 35 days, plaintiff re-mailed the request directly to the Director of the CIA. Finally, on August 14, 2000, Plaintiff mailed the request a third time. This time she added a request for any CIA records on President Dwight Eisenhower, any records relating to a village in Utah named Chattanooga, and any records referring to her "under code name 'Cindy.'" Compl. at 114. Plaintiff had received no response from the CIA by the time she submitted her complaint in this case in October 2000.
C. The Department of the Army
Plaintiff's claim against this defendant relates to a FOIA request she had mailed on October 8, 1999, which had been referred by the Army's FOIA office to the nineteen subdivisions named as defendants.12 Plaintiff's request was for the same records sought from the FBI regarding herself, Mark Rathbun, his family, his attorneys, L. Ron Hubbard, and an independent or special counsel. Plaintiff later mailed to eleven of the offices13 an additional request for information regarding President Eisenhower, Chattanooga, Utah, and records on three of her earlier cases in this District.14
Generally, as with the FBI offices, the Army offices found no responsive records and did not search for records regarding third parties.15 Plaintiff objects that most offices that responded merely advised her that no records had been located, without describing the particulars of the search. E.g., defendant 63, Compl. at 136; defendant 64, Compl. at 137; defendant 66, Compl. at 140. Other offices simply had not responded to the referral from the main FOIA office before the complaint was filed. The Army Medical Command Headquarters, defendant 55, searched for records relating to the Rathbuns, their attorneys, and the independent or special counsel, but found no records. Compl. at 124. When the Office of the Assistant Secretary, Financial Management and Comptroller advised plaintiff that it did not maintain records regarding private citizens except active duty military and civilian employees, plaintiff questioned whether this office discards FOIA requests, subpoenas, and other legal files. Compl. at 139.
The Office of the Engineer Inspector General of the Army Corps of Engineers referred plaintiff's request to the Army Inspector General. Plaintiff alleges that this was done in an attempt to cover up existing records. Moreover, she asserts, the Army Inspector General "is completely lawless office and does not respect any FOIA/PA laws...." Compl. at 129.
Plaintiff's final request was sent on July 24, 2000, to the Inspector General of the Department of the Army. Again, she requested records regarding herself, her litigation cases (the three District of Columbia cases previously mentioned and a case in an unspecified court numbered 95-275-B), L. Ron Hubbard, Chattanooga, Utah, the Rathbuns, and subpoenas from their attorneys or an independent or special counsel. Records Release Officer Nancy Reed responded with the usual request for a privacy waiver from the third parties. Plaintiff claims this was an illegal attempt to refuse to search for the records. She alleges that Reed knows that Rathbun is illegally incarcerated because of the Nazi conspiracy, and it is public knowledge that Hubbard "was officially declared dead in 1986." Compl. at 126. Plaintiff's administrative appeal of this response was unsuccessful. On August 13, 2000, plaintiff requested from this office its records on President Eisenhower. This request was ignored.
In her request for relief, plaintiff asks that each defendant provide a detailed description of the search performed in response to her request, that each defendant search in every records system and office, and, further, that the Court
investigate a conspiracy between the federal defendants of this case to deny records to me, which I need to get hold of wrongfully incarcerated Mark. C. Rathbun (de Rothschild).
[and] investigate if the federal defendants of this case inform Mark C. Rathbun, members of his family, their attorneys, an Independent or Spedial (sic) Counsel wrongfully not knowing of my FOIA/PA requests, appeals and other records, so that they don't get hold of me, so that I can't testify for innocent Mark Rathbun and can't testify as to a German originated, German oriented, German controlled Nazi-conspiracy that has infiltrated the U.S. government to deny good American citizens their rights.
Compl. at 147-48.
II. The Motion to Dismiss
Defendants essentially contend that plaintiff has failed to state a claim on which relief can be granted because her numerous FOIA requests are based on the fanciful premise that Mark Rathbun is illegally held as part of a Nazi conspiracy. Defendants argue that the allegations that agencies deliberately failed to search for records or purposely concealed records are conclusory and without any "rational facts" to support them. Memorandum in Support Of Motion to Dismiss ("Memorandum") at 11. They point out that the agencies conducted legally adequate searches despite plaintiff's objection that many searches were inadequate because the entity did not search every office and every system of records. See SafeCard Servs. v. SEC, 926 F.2d 1197, 1201 (D.C.Cir. 1991). They note that plaintiff is not entitled at the administrative level to a "search declaration" or "search certificate." See Schwarz v. United States Depot of Treasury, 131 F. Supp. 2d 142, 147 (D.D.C. 2000), aff'd, 2001 WL 674636 (D.C. Cir., May 10, 2001), rehearing denied, (D.C. Cir., July 10, 2001). Moreover, they contend that this civil action constitutes abuse of process.
Plaintiff has filed a lengthy opposition to the motion, primarily arguing that the premise of her requests is founded in fact and not fanciful. See Opposition at 19-20.16 She points out that she has filed numerous cases because of the "corruption of so many agencies and their conspirative coordinated actions against" her. Opposition at 5. She asserts that the "hostile, unlawful and unconstitutional motion" was filed because the defense attorneys "know that the agencies did either not search at all or deliberately searched the wrong records or deliberately searched only inadequately and deliberately withheld records from" her. Id.17 She asserts that no search was made for the subpoenas she requested because they are to be illegally withheld from her. Opposition at 6.18 Plaintiff states that she can prove that "the U.S. Government is secretly infiltrated by German Nazi conspiracy, U.S. Governmental employees that 'owe' the Germans their careers within the U.S. Government, because Germans helped them secretly to their positions." Opposition at 7. Had Judge Kennedy (presumably in Schwarz v. United States Depot of Treasury, supra) required the CIA to provide a declaration, he would "finally get to the bottom of [her] kidnaping, by German Nazis, [her] being abused by them, [her] being doughter (sic) of L. Ron Hubbard and granddaughter (sic) of President Eisenhower and married to Mark C. Rathbun (de Rothschild.)" Opposition at 7-8. Plaintiff reiterates that Rathbun "can lose his life behind bars" and the agencies should give her a contact address so she can notify him, his family, or his attorneys of her desire to testify and prove that he was framed and is innocent. Opposition at 8-9. She is entitled to learn where Rathbun is being held, because the place of incarceration of a federal prisoner is known to the FBI and is public information. Opposition at 9. Moreover, the agencies should have provided her with public information about Mark, Claude, and Elizabeth Rathbun. Opposition at 11.
Plaintiff further asserts that individuals who responded to her FOIA requests "acted with criminal purpose in their minds because they dishonestly altered the dates on which they received" her requests. Other FBI employees forged the signatures of the persons whose names were on the letters, in order to conceal their own identities and those of their superiors. Opposition at 12-13. Although search declarations are not required at the administrative level, the agencies would have saved time had they provided them. Opposition at 16-17.
Plaintiff rejects the defendants' argument that she has abused the system by filing frivolous FOIA requests. She refers to an individual named Michael Ravnitzky who she alleges has filed at least 2000 FOIA requests but has not been charged with abusing the system. Plaintiff asserts that she has not filed thousands of administrative appeals, and is not harassing any defendant or any court but merely asking them "to do their jobs." Opposition at 23-24. As to the cases cited by defendants in which frequent filers have been disciplined, plaintiff asserts that "many" of these litigants "were hired to abuse the system by filing indeed frivolous actions so that court opinions can be used by corrupt judges to deny honest litigants rights." Opposition at 23.
III. Legal Analysis
In considering a motion to dismiss for failure to state a claim, the Court must accept all well pleaded factual allegations as true and draw all reasonable inferences in favor of the plaintiff. See, e.g., Hishon v. King & Spalding, 467 U.S. 69, 73 (1984); Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Atchinson v. District of Columbia, 73 F.3rd 418, 421 (D.C. Cir. 1996). A claim may be dismissed only when it is certain "beyond doubt" that there are no sets of facts under which relief could be granted. Conley v. Gibson, supra. Although pro se complaints, in particular, are held "to less stringent standards than formal pleadings drafted by lawyers," Haines v. Kerner, 404 U.S. 519, 520 (1972), the court is not bound to "accept unsupported assertions, unwarranted inferences or sweeping legal conclusions cast in the form of factual allegations." Himmelman v. MCI Communs.Corp., 104 F. Supp. 2d 1, 3 (D.D.C. 2000).
This is the fourth of five FOIA complaints that plaintiff has submitted to this Court in the last few years, each seeking records on Mark Rathbun, his family, President Eisenhower, and L. Ron Hubbard, and some in addition requesting information about Rosemarie Marie Bretschneider, a school in a submarine village, the Church of Scientology, and an alleged German Nazi conspiracy infiltrating the government.19 The first case, Schwarz v. United States Department of Treasury, Civil Action 98-2406, named 79 defendants. The exhaustive opinion granting defendants' motion for summary judgment, 131 F. Supp. 2d 142 (D.D.C. 2000), was affirmed by the Court of Appeals, 2001 WL 674636 (D.C. Cir,. May 1O, 2001), rehearing denied (D.C. Cir., July 13, 2001).20
A second case, Schwarz v. United States Department of Energy, Civil Action 99-3234, named an additional 72 federal entities, various subdivisions, and many individuals, a total of 807 separate defendants.21 Plaintiff's FOIA requests in that case related to the Rathbuns, their attorneys, Hubbard, an independent or special counsel, Germans, schools in a submarine village in Great Salt Lake, and Rosemarie Bretschneider. That case was dismissed on the ground that it failed to state a claim on which relief could be granted and was frivolous or malicious. The Court concluded that the complaint was "not based on legally arguable challenges to actions on Plaintiff's FOIA requests. Rather, it [was] based on Plaintiff's misunderstanding of reality and therefore must be dismissed because it both fail[ed] to state a claim on which relief can be granted and [was] frivolous. Neitzke v. Williams, 490 U.S. 319, 325 (1989)." Schwarz v. United States Department of Energy, Civil Action No. 99-3234 (D.D.C. November 5, 2001), aff'd, 2002 WL 1050431 (D.C. Cir., March 25, 2002). In affirming the dismissal, the Court of Appeals stated that "to the extent many aspects of [plaintiff's] complaint 'lack[] an arguable basis either in law or in fact,' Neitzke v. Williams, 409 U.S. 319, 325 (1989), they were properly dismissed as frivolous."
A third case, Schwarz v. United States General Accounting Office, Civil Action No. 00-369, was dismissed on November 13, 2001. The dismissal also has been affirmed, 2002 WL 1050444 (D.C. Cir., March 29, 2002).22 The most recent case filed by plaintiff in this Court is Schwarz v. United States Depot of Agriculture, et al, Civil Action No. 01-1464. In that case, plaintiff named 3,087 defendants in a complaint of 2,370 pages. In the initial review of the complaint in connection with plaintiff's application for leave to proceed in forma pauperis, Chief Judge Thomas F. Hogan noted that plaintiff had named "what appears to be every federal department, independent federal agency and office or component thereof and each agency's FOIA officers." Schwarz v. United States Depot of Agriculture, et al, Order filed June 29, 2001, at 3. The complaint was dismissed with prejudice as frivolous and malicious, pursuant to 28 U.S.C. §1915(e)(2)(B)(i). Plaintiff thereafter was enjoined from further filings except under limited circumstances. Both the dismissal and the injunction order have been affirmed by the Court of Appeals. Schwarz v. Department of Agriculture, Secretary, et al., 2001 WL 1610051 (D.C. Cir., November 23, 2001).
The Court has reviewed the complaint in this case, the motion to dismiss, and plaintiff's response. The premise of plaintiff's FOIA requests is that a German Nazi conspiracy has infiltrated the United States Government, that Mark Rathbun is being held secretly having been falsely convicted, that one purpose of the conspiracy is to prevent plaintiff from locating Rathbun or his parents or attorneys so that she can testify on his behalf, and that an independent or special counsel may be trying unsuccessfully to reach plaintiff to obtain her testimony.23 The Court concludes that this premise is fanciful and has no basis in fact.
The Freedom of Information Act is designed to provide requesters with real information about how the government works. Its admirable purpose is abused when misguided individuals are allowed (in this case, repeatedly) to submit requests to every agency and subdivision of the government, seeking information about an imaginary conspiracy. Thus this case, as were two of plaintiff's previous cases, will be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
An appropriate order, signed this day, accompanies this Memorandum Opinion.
[signed]
JOHN D. BATES
United States District Judge
DATE: September 24, 2002
[Notes] 1 This office appears to have been named because it is the component of the Department of Justice that denied plaintiff's administrative appeals. The only proper defendant in a FOIA case is the "agency," in this instance the Department of Justice (for the FBI), the Central Intelligence Agency, and the Department of the Army, as plaintiff has been advised in other cases.
2 Plaintiff provided with her FOIA requests to many offices a declaration dated October 8, 1997, stating that she is Rathbun's wife and "relief witness," that he has been framed by the German Nazi conspiracy, and that the lives of both of them are in danger.
3 Plaintiff alleges that her claims in this case are different from claims made in previous cases against the FBI headquarters, the Department of Justice Office of Information and Privacy, the FBI Criminal Justice Information Service Division, the CIA, and the Secretary and FOIA office of the Department of the Army. Compl. ¶ 5.
4 These offices are defendants 30, 32, 36-41, and 47 in the complaint.
5 Defendants 18, 24-29, 31, and 33-35.
6 These offices are named as defendants 2, 4-17, 19-23, and 42-46.
7 For example, FBI Little Rock, defendant 5. Compl. at 16.
8Plaintiff adds on page 111 of the complaint an additional claim against all listed field offices. The Detroit office had informed plaintiff that they had located records of a case brought by L. Ron Hubbard against the FBI director in this Court, Civil Action No.78-0107. Plaintiff argues that the other offices had not conducted adequate searches because no other offices located this case.
9 Apparently the letter assumed that plaintiff requested information regarding any criminal records relating to her, and asked that she provide a copy of her fingerprints. See Compl. at 113.
10 Plaintiff points out that it is inappropriate to require a privacy waiver for Rathbun and his family because the offices know she needs to locate them before she can obtain privacy waivers. See, e.g., Compl. at 21, 29, 41.
11 Reading rooms provide access to basic agency records that must be made "available for public inspection and copying," either at agency offices or electronically. 5 U.S.C. § 552(a)(2). Such records ordinarily cannot be the subject of regular FOIA requests. 5 U.S.C. § 552(a)(3)(A).
12 Plaintiff had asked that the request be referred to 74 specific offices. She objects that the FOIA officer, Rose Marie Christensen, referred the request to the Chief Attorney to respond for several of the named offices, and to other offices instead of offices specifically named. See Compl.at 115- 19. Plaintiff asserts that this was done in an attempt to conceal responsive records.
13 See, e.g., Compl. at 120, the Army Space and Missile Defense Command, defendant 52, and Compl. at 122, the Deputy Chief of Staff for Logistics, defendant 53.
14 Defendants 53, 54, 55, 60-66, and 69. The cases plaintiff specified are Schwarz v. United States Depot of Treasury, et al, Civil Action No. 98-2406, Schwarz v. United States Depot Of Energy, et al, Civil Action No. 99-3234, and Schwarz v. United States Depot of Agriculture, et al, Civil Action No. 00-1610.
15 The Army Space and Missile Defense Command, for example, told plaintiff that it had searched for and found no records regarding L. Ron Hubbard and Sarah Hubbard Eisenhower/Rathbun, but did not describe a search for records regarding plaintiff as Barbara Schwarz or Schwartz, and did not search for the Rathbuns or their attorneys or the special counsel. See Compl. at 120.
16 Plaintiff's response to the motion to dismiss, entitled "Motion by Plaintiff in Response to Defendants Motion to Dismiss," will be cited as "Opposition."
17 Plaintiff later asserts that it "is treason against the United States and a very hard blow against the United States Constitution and national ecurity to consider a case that could very well prove the secret German Nazi infiltration of the U.S. government as no legitimate complaint." Opposition at 21-22. See also Opposition at 35 (defendants are "a disgusting despicable Nazi conspiracy, ordered by the Germans to make it impossible to me to document their infiltration of the U.S. Government and their high crimes committed while having uncontrolled access to criminal officials and judges.").
18 Plaintiff later asserts that it is "rational to conclude that the defendants misinformed the attorneys of Mark Rathbun (de Rothschild) or the attorneys of his family or an independent or special counsel not having any records on me to obstruct justice so that they don't get hold of me as witness, against the German Nazi infiltration of the U.S. Government and as witness to the wrongful incarceration of Mark Rathbun.... I know they are lying to me and lying to them." Opposition at 15-16 (emphasis in original).
19 These five more recent FOIA cases are not, however, plaintiff's only litigation activities. Plaintiff's nine earlier cases filed in this Court are listed in footnote 1 of the Order filed June 29, 2001, in Schwarz v. United States Dep't of Agriculture, Civil Action No. 01-1464. Moreover, she has herself referenced various other federal cases she has brought in, for example, Utah, Maryland, West Virginia, and other locations.
20 The District Court opinion summarizes plaintiff's contentions about her parentage, her relationship with Mark Rathbun, and the alleged connection with President Eisenhower and L. Ron Hubbard. See Schwarz v. United States Department of Treasury, 131 F. Supp. 2d at 145 n.4.
21 That complaint originally named 2183 defendants and was dismissed because it violated Rule 8(a) of the Federal Rules of Civil Procedure. See Docket #3, Order of December 7, 1999.
22 A fourth case still pending, Schwarz v. United States Dep't of Health and Human Servs. et al, Civil Action No. 00-1610, names 465 defendants in a 189 page complaint.
23 Given the number of cases plaintiff has filed in this and other courts, any special counsel would have no difficulty in locating her at her home in Salt Lake City. In this case plaintiff also seeks information to clear the name of L. Ron Hubbard. She has been directed to FBI headquarters to obtain the approximately 600 pages of responsive records that apparently are located there.
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Source: Clerk's Office, D.C. District Court
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Re: Barbara Schwarz denounced by FOIA proponents
Date: 18 Nov 2002 08:09:54 -0800
Message-ID: <a6bc00a0.0211180809.331472f0@posting.google.com>
martinottmann@yahoo.com (Martin Ottmann) wrote in message news:<71d327bb.0211171150.7529d321@posting.google.com>...
> Tilman Hausherr <tilman@berlin.snafu.de> wrote in message news:<qgqetu4f3l8bv6ft5cv4bu6fke1je40h1k@4ax.com>...
>
> > >In another post, "ptsc" mentions that Ms. Schwarz is from Germany
> >
> > She is a former Munich Guardian Office staff.
>
> In 1982 her official post title was "Assistant Spokesperson for the
> Scientology Church in Germany".
Wrong, your retarded little dorks. I was the President of the Church
of Scientology Germany. Look up the records, you
"Scientology-experts"! Barbara Schwarz, Nov. 18, 2002
From: martinottmann@yahoo.com (Martin Ottmann)
Subject: Re: Barbara Schwarz denounced by FOIA proponents
Date: 18 Nov 2002 15:31:13 -0800
Message-ID: <71d327bb.0211181531.3b2dbc9@posting.google.com>
BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz) wrote in message news:<a6bc00a0.0211180809.331472f0@posting.google.com>...
> > In 1982 her official post title was "Assistant Spokesperson for the
> > Scientology Church in Germany".
> Wrong, your retarded little dorks. I was the President of the Church
> of Scientology Germany. Look up the records, you
> "Scientology-experts"! Barbara Schwarz, Nov. 18, 2002
You wished you would have been the "President", but you were only "Stellvertretende Sprecherin der Scientology Kirche Deutschlands".
Your "senior" was Georg Stoffel ("Leiter des Presse- und Informationsamtes"), and above him were Barbara "Babsi" Weber ("Leiterin der Scientology-Kirche Deutschland") and Juerg Stettler ("Vorstand der Scientology-Kirche Deutschland"). I cite from "Die Scientology-Kirche stellt sich vor", March 1982, published by the chief of the editorial office of the "Presse- und Informationamt", Georg Stoffel, your former boss.
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: PART 1: Barbara Schwarz says Anti-Scientologists bore the hell out of her!
Date: 19 Nov 2002 08:57:58 -0800
Message-ID: <a6bc00a0.0211190857.3e8752bc@posting.google.com>
To all you Anti-Scientologists: Is that recent mud slide really the best you can do? Most of you don't know how to fight a good battle, you don't even have a sense for humor, you are terrible fanatically, but also boring and you are lost for arguments. It boiled down to it that you attacked my typos or the fact that english is just my second language. Since years some of you posted false information about L. Ron Hubbard, Marty Rathbun (de Rothschild) and myself on the net, and when I decided to tell you people what I think of this kind of character assassination, some retaliated with bad language. I admit, I was not exactly tender with anyone of you, but don't forget it was you that threw the first stones. You may fire your bullets in my direction, but I will not respond to anybody who is cheap, and you all know exactly what I mean. I also will not respond to anybody that took my sentences out of concept, or asked me questions that were clearly answered in my former postings. As to the fan mail that I received, thank you, you are absolutely right about me, as to the threat that was e-mailed to me: It won't work. Once more, fear is not in my genes. Ok, after that is cleared up, let's battle somehow in a bit of style: Your friend, Xenu-Barb from San Diego is green with envy, because you people gave me so much attention. Yes, please don't make me to a cult figure, I would hate it as L. Ron Hubbard hated it. I think she is afraid that I may open a church in San Diego, next to hers and that people would even hang from the ceiling just to hear me talk and nobody except herself, Xenu and the Energizer bunny would be left in her hall of "worship". She is really worried about that all of her followers come out of their coma and might get addicted to me. I agree with her on that, you are all in great danger, if you continue to read and reply to my postings. However Xenu-Barb is wrong by hoping that your faszination with me ever will go away. Once you are hooked to my style, there is no escape. You might continue to post or e-mail me nasty comments, but deep inside you will admit that your lives were dark, gloomy, dull, depressive, senseless and very sad before I entered the posting world. You will collect any piece of information on me, you will follow every move that I make, and yes, I think you are nuts by doing so. Just have a look at the guys from Nazi Germany, Martin Ottmann and Tilmann Hausherr and you understand what kind of obsession I am talking about. However, back to Xenu-Barb: What kind of strange thing is that anyway to name a church after Xenu? Why does she not call her club "Hitler's prayer circle", or "Saddam Hussein's Vatican" or how about "Bin Laden's synagogue"? My life is packed with actions, folks, as you know, I am after bad apples within the government and I don't think I have the time to post too often in future. Why don't you make that clear to your friend Xenu-Barb, so that she is no longer that much in panic. (Just a word to the governmental officials and judges: They are same faszinated with me like you guys, but they don't want to admit it, not yet, but they will come around.) Barbara Schwarz, November 19, 2002. P.S. Don't forget to screen my typos, grammar and syntax, folks, that and your bad language seems only munition that you have against me.
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: PART 4: Barbara Schwarz says the Anti-Scientologists bore the hell out of her!
Date: 19 Nov 2002 09:52:00 -0800
Message-ID: <a6bc00a0.0211190952.152f8bd9@posting.google.com>
Attn. Gerry Armstrong: Goodness, Gerry, how could I have ever overlooked you. How rude of me. Do you want a black eye from me? I give you also two. Here it comes: Are you the guy that stole truckloads of documents that allegedly belonged to L. Ron Hubbard? Let me analyse that that plot: It is one between you and the Anti-Scientologists that were or still are on staff. You all knew that the documents were forgeries, they were not L. Ron Hubbard's. Others generated those documents to alter his work, the events of his life, even his private family life. Those documents were forged and fabricated by Scientology infiltrators to pin a bad reputation on Ron, to make him look like a less like the perfect or honorable man that he actually was. You took the documents (knowing that they were never L. Ron Hubbard's) and the criminal infiltrators of the org, did not claim that the documents are a forgery, they sued and attacked you, to make those documents look authentic, otherwise the orgs would have not fought so heavily to get those documents back from you, right? Well, Gerry, the person that can fool me does simply not exist. As soon I put my mind to it, I figure it all out. How many years of your life did you waste in that criminal plot? Was it worth it? I bet it wasn't. I can't believe you voluntarily drew my attention to you, after you heard that I can read any character there is. How about finally confessing and developing some kind of honest character? Feels really good. Try it, it might extend you life. People with bad conscience age and die sooner. Barbara Schwarz, November 19, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: PART 3: Barbara Schwarz says the Anti-Scientologists bore the hell out of her
Date: 19 Nov 2002 10:21:04 -0800
Message-ID: <a6bc00a0.0211191021.208dacef@posting.google.com>
Attn. Martin Ottmann from disgusting Nazi Germany: What the heck is the matter with you? I am sure I don't know you, Ottmann, and we will leave it that way. Yes, I know Kurt Weiland, Alfred Kohl and Hermann Brendel. Why don't you ask them directly? What do you think I am? A tattletail or the planetary information agency? You also can ask the German still active Nazi secret service that is blessed by still active Nazi Germany to put tabs on each non-criminal Scientologist, right? There is no government in the world that I despise me than the German. Spying and persecuting Scientologists (and very much so and most of all me) but turning a deliberate blind eye on the Hamburg Al Queda cells, so that they could execute the September 11 terror attacks. This freaking German secret service spies also in the USA and here absolutely illegally on Scientologists and most of all on me. Get your information from this geek-club and don't ask me ever again to provide you with anything. I don't care if the German authorities did go so far to remove me from the corporate records of the Munich org as president, if you people can't find me on those papers, or you are perhaps again lying. But if not, who cares, what Germany does. I live so long in the USA. That weird country Germany makes no impression on me anymore. However I want to know why you drunk nut, Martin Ottmann, published my home address, even my apartment number on the Internet for 6 Billion plus people to read. How dare you to violate my privacy like that! Any criminal can now come to my door and bother me. Thanks a lot! I should sue you, baboon and I perhaps do. Your (and also Tilmann Hausherr's) obsession with me goes much too far. It's called stalking. You apparently collect everything I ever wrote. As I produce several hundreds pages per day of my writings (postings not included), you will hopefully suffocate in my papers, as you truly deserve. My advice to you Ottmann is: Get a life!
Barbara Schwarz, November 19, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: PART 2: Barbara Schwarz says the Anti-Scientologists bore the hell out of her
Date: 19 Nov 2002 10:59:37 -0800
Message-ID: <a6bc00a0.0211191059.6f67dc0e@posting.google.com>
Thank you for re-posting the photos of Mark Rathbun (de Rothschild) again, but that does not mean that he is not wrongfully incarcerated. Isn't Marty handsome and cute? He is so wonderful, special, intelligent and educated. Always when I see a photo of him, my heart goes faster and I just melt away. He is the man of my dreams and absolutely perfect from the inside and outside. Just one kiss from him is worth all waiting and troubles in the world. I would not give him up under any price nor any torture. Tilman Hausherr, you "Einstein", did you really think that I have seen those webpages on Marty before, that you had to re-post them for me? The photos are true, that is really him, but the background and information is doctored. They don't prove that he is not wrongfully imprisoned, they don't prove that he does not need my testimony and they don't prove that he does not love me just the way that I love him. I explained to you Anti-Scientologists before that the Scientology orgs are infiltrated by folks just like you, jut playing being Scientologists, and you know that very well. They try to paint a picture that he is free and does not need my testimony, but I don't fall for it, as I also don't fall for your attempts to alienate us, Tilly. If you or others would just know me a little bit, then you would know that I am not the kind of woman that throws herself at a man that does not appreciate her. Marty is not the man that leads a woman on. He is fair, gentle, fine mannered and noble. If he would not love me that heavenly passionately as I love him, he would have told me so in a friendly manner, face to face (!) a long time ago, that he doesn't think we both are meant for each other. I am no woman that makes scence. I would have been very sad, but I would have wished him the very best for his life and all the happiness and success that he truly deserves. It would take him only two minutes of his personal time to get rid of me, and I would consider him from then just only more my friend, but not more in any romantic way. (If you people get funny ideas to mail me e-mails or notes stealing Martys identity, writing me that he does not love me, forget about it. I would not believe it at all. I believe only what he in person is telling me.) Last time I saw my prince, (which is Marty), I was so deep and safe in his heart, that I knew it would last a forever. We are only not together because he is wrongfully locked up, framed and I bet you people know all about that, but don't want to tell me to continue to conspire against me. I know many of you Anti-Scientologists make fun of advanced human abilities. But I surely have them. They really work. They make me see and feel what happened to Marty, how he has to suffer, why he can't be with me, where he wants to be most of all. He will come free. He will get fully exonerated and we will have our special, rocking, devoted and passionately marriage. Attempts to alienate don't work on real OTs. (Don't get jealous on us again, people, instead of hating and conspiring against us, use your energy to find your own soulmate. It is really worth it, imagine somebody who's love is thicker than blood, somebody who would give his or her life for you in a heartbeat, somebody that never betrays you, somebody that you can trust just like yourself. This is the way real Scientologists love.) A final word to Tilman Hausherr. You are a real slimeball. I am an U.S. citizen. Your treats to call the INS to deport me doesn't work. The INS was part of one of my FOIA/PA law suits. If I would be no citizen, they would have kicked me out a long time ago. But feel free to call them, when that is the action that your Nazi character demands, go ahead. Barbara Schwarz, November 19, 2002
From: Tilman Hausherr <tilman@berlin.snafu.de>
Subject: Re: PART 2: Barbara Schwarz says the Anti-Scientologists bore the hell out of her
Date: Tue, 19 Nov 2002 20:31:37 +0100
Organization: Xenu's Ranch
Message-ID: <6c4ltucs0mlmq22hq4ejkdgsgdvdv0pne3@4ax.com>
On 19 Nov 2002 10:59:37 -0800, BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz) wrote in <a6bc00a0.0211191059.6f67dc0e@posting.google.com>:
>A final word to Tilman Hausherr. You are a real slimeball. I am an
>U.S. citizen. Your treats to call the INS to deport me doesn't work.
>The INS was part of one of my FOIA/PA law suits. If I would be no
>citizen, they would have kicked me out a long time ago. But feel free
>to call them, when that is the action that your Nazi character
>demands, go ahead.
How come you're a US citizen?
Tilman
--
Tilman Hausherr [KoX, SP5.55] Entheta * Enturbulation * Entertainment
tilman@berlin.snafu.de http://www.xenu.de
Resistance is futile. You will be enturbulated. Xenu always prevails.
Find broken links on your web site: http://home.snafu.de/tilman/xenulink.html The Xenu bookstore: http://home.snafu.de/tilman/bookstore.html
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Re: PART 2: Barbara Schwarz says the Anti-Scientologists bore the hell out of her
Date: 20 Nov 2002 09:18:48 -0800
Message-ID: <a6bc00a0.0211200918.79223155@posting.google.com>
Tilman Hausherr <tilman@berlin.snafu.de> wrote in message news:<6c4ltucs0mlmq22hq4ejkdgsgdvdv0pne3@4ax.com>...
> On 19 Nov 2002 10:59:37 -0800, BarbaraSchwarz2222@hotmail.com
> (BarbaraSchwarz) wrote in
> <a6bc00a0.0211191059.6f67dc0e@posting.google.com>:
>
> >A final word to Tilman Hausherr. You are a real slimeball. I am an
> >U.S. citizen. Your treats to call the INS to deport me doesn't work.
> >The INS was part of one of my FOIA/PA law suits. If I would be no
> >citizen, they would have kicked me out a long time ago. But feel free
> >to call them, when that is the action that your Nazi character
> >demands, go ahead.
>
> How come you're a US citizen?
>
> Tilman
Since ever, Tilly. I sued the INS, because they did not handle my
FOIA/PA requests lawfully and adequately. Their line of defense was
that I am U.S. citizen and that is why they don't have records on me.
If you don't believe me, you are free to ask them yourself.
Barbara Schwarz, Nov. 20, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Michael Patterson lies about Marty Rathbun (de Rothschild)
Date: 19 Nov 2002 11:35:28 -0800
Message-ID: <a6bc00a0.0211191135.2cc7bfbd@posting.google.com>
Mark Rathbun (de Rothschild) is wrongfully incarcerated since several years after he was framed by anti-Scientology forces. Michael Patterson, the European painter claimed deliberately wrongfully that Marty Rathbun "deprogrammed" him against his will from christianity at Flag Service Org. Patterson is a criminal liar, because he knows that such crimes are completely out of character for Marty and he could have not done it, because is not free. This is the situation: Either Patterson made the abuse and incident completely up, which would fit in his character, or the situation was staged from an Anti-Scientologist on staff, impersonating Marty Rathbun. In such a case, I am absolutely certain that Patterson knows that the man that stole Marty's identity, is not the real Marty, but Patterson nevertheless filed a case against the real Marty, to frame him once more and to make me believe that Marty is not the decent and noble person that I think he is, so that I turn my back on him and leave Marty without my testimony that he needs and deserves. Patterson's claims in the law suit are absolutely ridiculous and wrongful. Marty, the real Mark Rathbun is a very educated man. He knows everything there is about other religions. He never would deny a Scientologist to not study other religions, if they want to. I am a Scientologist minister. I had (!) to study all basics, large portions of scriptures of Christianity, Islam (yes, Osama, you got that right), Buddism, Hinduism, Judaism, and more. I would have not passed the exam, if I would have not studied for weeks the other religions. It is a fact, that secure Scientologists as Marty and I, are not afraid of other religions. A true Scientologist is very comfortable in his or her belief and not afraid that data from other religions will weaked or destroy it.
Let me give you some data about Michael Patterson. I met him in Germany. He is an opportunist, a sleezy business man that used the Scientology orgs as free gallery to show his boring little paintings. Nothing in the conversation that I had with him, indicated that he ever were a Scientologist. He was in Scientology for free rent, free promotion and the opportunity to get famous and rich. In one of his works he painted lots of numbers in no numerical sequence. I asked him of the significance of that. He told me that it has no significance, but that he wants people to rack their brains to think about him. He did it to be interesting, but he wasn't interesting at all. Besides trying to make Marty look bad in my eyes with his disgusting law suit, Michael Patterson decided that the market in Scientology to sell his boring little paintings to is exhausted and that he gets more attention and can sell more, if he suddenly becomes an Scientology attacker. Well, Michael Patterson, I caught you single handed, didn't I?
There is also Bob Minton who is lying that he met Marty Rathbun recently in person. He knows exactly that Marty is wrongfully incarcerated and that he either made that meeting entirely up or he spoke with Marty's impersonator, a criminal person that infiltrated the orgs to act as he would be Marty and free. Minton also conspires just like Patterson and want me to give up my belief that Marty is wrongfully incarcerated, so that he does not get hold of me, his proper relief witness.
Barbara Schwarz, November 19, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Urgent question to Kendrix Moxon
Date: 21 Nov 2002 09:22:47 -0800
Message-ID: <a6bc00a0.0211210922.36283d2f@posting.google.com>
An Anti-Scientology fanatical with name Martin Ottmann from Germany posted without my consent my private home address in the United States till down to the apartment number on the Internet for anybody to read. He refers to you in his posting. Did you advise Ottmann that his actions are no serious violation of my privacy? Is there any chance you want to lose your admission to the bar?
Barbara Schwarz, November 21, 2002
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Schwarz Circuit Court Kook Suit Archives SCHWARZ v NAT'L INSTITUTE
Date: Sat, 23 Nov 2002 12:47:57 -0500
Organization: Busts Your Rips!
Message-ID: <7pfvtu066g0vkv5f3h1fq4qp3vnkeblipf@4ax.com>
http://laws.findlaw.com/10th/981230.html
U.S. 10th Circuit Court of Appeals SCHWARZ v NAT'L INSTITUTE
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
-----------------------------------------------------------
¦BARBARA SCHWARZ, ¦
¦ ¦
¦ Plaintiff-Appellant, ¦
¦ ¦
¦ v. ¦ No. 98-1230
¦ ¦ (D.C. No. 98-M-123)
¦NATIONAL INSTITUTE OF ¦ (D. Colo.)
¦CORRECTIONS, and FEDERAL ¦
¦BUREAU OF PRISONS, ¦
¦ ¦
¦ Defendants-Appellees. ¦
-----------------------------------------------------------
ORDER AND JUDGMENT
1
Before SEYMOUR , Chief Judge, BRORBY , and BRISCOE , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. Therefore, the case
is ordered submitted without oral argument.
Barbara Schwarz, appearing pro se, seeks leave to appeal the district court's dismissal of her action under the Freedom of Information and Privacy Acts without prepayment of fees. After reviewing the materials presented by Schwartz, we deny her request and dismiss the appeal.
Schwarz filed Freedom of Information Act (FOIA) requests with defendants National Institute of Corrections (NIC) and Bureau of Prisons (BOP), seeking records and information pertaining to her husband, Mark Rathbun, whom Schwarz believed was incarcerated somewhere in the United States. The BOP, on behalf of itself and the NIC, conducted a search of its national on-line automated information system and informed Schwarz it found no records pertaining to her husband. Schwarz was dissatisfied with defendants' response and filed this action on January 22, 1998, seeking a court order directing the NIC to separately respond to her request and directing the BOP to produce information she believed was being withheld. 1
Defendants moved to dismiss the action, noting the United States District Court for the District of Maryland had dismissed a nearly identical action filed by Schwarz against the BOP and the United States Parole Commission. See Schwarz v. United States Parole Comm'n , 1998 WL 416660 (4th Cir. 1998) (affirming dismissal of action). On June 9, 1998, the district court granted defendants' motion to dismiss, concluding Schwarz' action was barred by the dismissal of her Maryland action. Although Schwarz argued claim preclusion did not apply since the NIC was not a party to the Maryland action, the district court disagreed and specifically noted the NIC was simply "an office established within the Bureau of Prisons as an information and consulting office." Record, Doc. 31 at 2. The district court denied Schwarz leave to proceed on appeal in forma pauperis on the grounds the "appeal [wa]s not taken in good faith because plaintiff ha[d] not shown the existence of a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal." Id. , Doc. 37 at 1.
We have reviewed Schwarz' appellate pleadings and the entire record on appeal and conclude this appeal is frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i); see also Neitzke v. Williams , 490 U.S. 319, 327 (1989) (a claim is frivolous if the factual contentions supporting it are clearly baseless, or if it relies on an indisputably meritless legal theory). As outlined in the district court's order of dismissal, the doctrine of res judicata bars Schwarz from pursuing this action against the BOP because of the dismissal of her Maryland action, which involved the same parties (Schwarz and the BOP) and the same claim. See United States v. Kunzman , 125 F.3d 1363 (10th Cir. 1997) (outlining requirements for claim preclusion), cert. denied 118 S. Ct. 1375 (1998). Whether or not this procedural bar applies to the NIC, 2 we conclude the record on appeal demonstrates Schwarz' action against NIC was subject to dismissal in any event because the information sought by Schwarz pursuant to the FOIA simply does not exist. Accordingly, we agree with the district court that the appeal is not taken in good faith.
The motion for leave to proceed on appeal in forma pauperis is DENIED and this appeal is DISMISSED. The mandate shall issue forthwith.
Entered for the Court
Mary Beck Briscoe
Circuit Judge
FOOTNOTES
--------------
[1]
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
--------------
[1]
Research indicates Schwarz' attempts to locate her husband have prompted her to file similar actions against Interpol, the Executive Office of United States Attorneys, the Merit Systems Protection Board, the United States Patent and Trademark Office, the Department of Commerce, the Church of Scientology International, the California Department of Corrections, and the San Quentin Prison Warden and Staff (among others).
--------------
[2]
As noted by the district court, the NIC is an arm of the BOP. See 18 U.S.C. § 4351(a) ("There is hereby established within the Bureau of Prisons a National Institute of Corrections."). However, it is unclear whether the NIC is an "agency" subject to the FOIA. See 5 U.S.C. § 552(f) (defining "agency" for purposes of FOIA).
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Schwarz Circuit Court Kook Suit Archives SCHWARZ v NATIONAL ARCHIVES
Date: Sat, 23 Nov 2002 12:49:08 -0500
Organization: Busts Your Rips!
Message-ID: <jrfvtukf6l138cm0774cf89beun8u9t2lv@4ax.com>
http://laws.findlaw.com/10th/984070.html
U.S. 10th Circuit Court of Appeals SCHWARZ v NATIONAL ARCHIVES
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
-----------------------------------------------------------
BARBARA SCHWARZ, ¦ No. 98-4070 ¦
¦ (D.C. No. 97-CV-816-K) ¦
Plaintiff-Appellant, ¦ (Utah) ¦
¦ ¦
v. ¦ ¦
¦ ¦
NATIONAL ARCHIVES & RECORDS ¦ ¦
ADMINISTRATION, ¦ ¦
¦ ¦
Defendant-Appellee. ¦ ¦
-----------------------------------------------------------
ORDER AND JUDGMENT
1
Before SEYMOUR , Chief Judge, BRORBY and BRISCOE , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is
therefore ordered submitted without oral argument.
Barbara Schwarz filed this action against the National Archives and Records Administration (NARA) and the Information Security Oversight Office (ISOO) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, seeking all records concerning herself, her husband, Mark Rathbun, and a number of other individuals. The district court granted summary judgment for defendants. We affirm.
Ms. Schwarz's FOIA requests for information were received by the director of the ISOO, Steven Garfinkel. The ISOO searched its files and Mr. Garfinkel reported to Ms. Schwarz that the only records found pertaining to her requests were the correspondence from her concerning those requests. Ms. Schwarz asked that Mr. Garfinkel provide an affidavit from the individuals who conducted the search and Mr. Garfinkel refused.
Ms. Schwarz appeared pro se in the district court, alleging that the ISOO did not respond to her requests in a timely manner, that the ISOO lied when it stated it had no other records responding to her requests, and that the ISOO acted in bad faith. In response, Mr. Garfinkel provided an affidavit detailing the ISOO's search. The district court acknowledged that Mr. Garfinkel's affidavit was not entirely clear on the time periods during which the ISOO searched, but the court construed the affidavit as meaning that "all relevant time periods were searched." Rec., vol. I, doc. 28. The district court granted defendants' motion for summary judgment. Ms. Schwarz argues on appeal that Mr. Garfinkel's affidavit was inadequate to show a reasonable search was conducted; that she should be awarded attorney's fees; that the district court judge was biased; and that the federal government was plotting a conspiracy against her.
On appeal from summary judgment, we view the record in the light most favorable to the FOIA requester. Miller v. United States Dep't of State, 779 F.2d 1378, 1382 (8th Cir. 1985). In two cases involving our same Ms. Schwarz, we held that summary judgment is available to an FOIA defendant when the agency offers adequate affidavits establishing that it has complied with its FOIA obligations. Schwarz v. Federal Bureau of Investigation, No. 98-4036, 1998 WL 667643, at *1 (10th Cir. Sept. 17, 1995); Schwarz v. Interpol, Nos. 94-4111, 94- 4142, 1995 WL 94664, at *1 (10th Cir. Feb. 28, 1995) (citing Miller, 779 F.2d at 1382-83). To prove the reasonableness of its search, the agency affidavits must be "relatively detailed, nonconclusory and submitted in good faith." Miller, 779 F.2d at 1383. The defendant agency needs to demonstrate only that it performed a document search "reasonably calculated to uncover all relevant documents." Weisberg v. United States Dep't of Justice, 705 F.2d 1344, 1351 (D.C. Cir. 1983). The burden then shifts to the nonmoving party who must provide either evidence to contradict the moving party or evidence of bad faith. Schwarz v. Interpol, 1995 WL 94664 at *1. Unsupported allegations are not enough to satisfy this burden. Id.
In the present case, the ISOO offered Mr. Garfinkel's affidavit that the ISOO conducted a reasonable search of its files and found no other records relevant to Ms. Schwarz's requests. Mr. Garfinkel's affidavit declared that a thorough search of all the records at the ISOO had been conducted and included a detailed listing of the files searched. Aplee. Supp. App. at 6-8. The burden then shifted to Ms. Schwarz to contradict the ISOO's evidence. Ms. Schwarz offered as evidence the facts that the ISOO could not find any other records responsive to her requests and that Mr. Garfinkel's affidavit did not specifically cite to her designated time frame. These facts are not sufficient to contradict the reasonableness of the ISOO's search. Nor are they sufficient to prove bad faith. An agency cannot be required to produce records when none exist. Miller, 779 F.2d at 1384-85. The district court found Mr. Garfinkel's affidavit sufficient to cover a search of all time periods, and we believe this is a reasonable construction of the affidavit. The record contains no reason to doubt that the extensive files searched constituted a reasonable, if not exhaustive, attempt to uncover relevant documents. We have carefully reviewed the record on appeal and Ms. Schwarz's brief, and we conclude that the district court did not err in granting summary judgment for defendants.
We also conclude that the district court did not abuse its discretion in requiring each party to bear its own costs. Reasonable attorney's fees and other litigation costs under the FOIA are awarded to the prevailing complainant. 5 U.S.C. § 552(a)(4)(E); see also Miller, 779 F.2d at 1389. Ms. Schwarz is thus not eligible for costs or fees. 1
Summary judgment is AFFIRMED.
ENTERED FOR THE COURT
Stephanie K. Seymour
Chief Judge
FOOTNOTES
--------------
[1]
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, or collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
--------------
[1]
We note that Ms. Schwarz has failed to allege any factual basis to support her charges of district court bias or governmental conspiracy, and we therefore reject these claims summarily.
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Schwarz Circuit Court Kook Suit Archives SCHWARZ V CIA
Date: Sat, 23 Nov 2002 12:49:51 -0500
Organization: Busts Your Rips!
Message-ID: <6tfvtu886fi7obbslqvl6h5kf08s5jqc4f@4ax.com>
http://laws.findlaw.com/10th/994016.html
U.S. 10th Circuit Court of Appeals SCHWARZ v CIA
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
__________________________
-----------------------------------------------------------
BARBARA SCHWARZ, ¦
¦
Plaintiff-Appellant, ¦
¦
v. ¦ No. 99-4016
¦ (D. Utah)
CENTRAL INTELLIGENCE AGENCY, ¦ (D.Ct. No. 97-CV-85-B)
¦
Defendant-Appellee. ¦
-----------------------------------------------------------
____________________________
ORDER AND JUDGMENT
1
Before BRORBY , EBEL , and LUCERO , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Appellant Barbara Schwarz appeals pro se the district court's order granting the
Central Intelligent Agency's motion for summary judgment in her action filed
under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and order granting
the United States Postal Service's motion to dismiss her action for improper
handling of her mail. We affirm.
Ms. Schwarz is a German citizen who seeks records from the Central Intelligence
Agency on: (1) President Dwight Eisenhower, who she claims is her grandfather;
(2) her husband, Mark C. Rathbun, who she alleges is the secret heir to the
Rothschild fortune; (3) her father, L. Ron Hubbard, who she alleges is the son
of President Eisenhower and from whom German Nazis kidnaped her at an early age
and forced her to live in Germany; and (4) herself - allegedly the abducted
granddaughter of President Eisenhower. Her goal in garnering Central
Intelligence Agency records is to locate and rescue her husband, who she
believes is wrongfully incarcerated in the United States for her rape and murder
and to protect herself and others from a "German Nazi conspiracy." Her action
against the United Postal Service stems from her claim it mishandled
certificates of mailing relating to her FOIA requests.
The district court dismissed her action against the United States Postal Service
for failure to meet jurisdictional prerequisites and failure to state a claim on
which relief may be granted under 28 U.S.C. § 1915(e)(2)(B). The district court
subsequently granted the Central Intelligence Agency's motion for summary
judgment because Ms. Schwarz failed to meet the prerequisite for her information
demand because she is not a United States citizen.
We have reviewed the record de novo , s ee Montero v. Meyer , 13 F.3d 1444, 1446
(10th Cir.), cert. denied , 513 U.S. 888 (1994), and find no reversible error.
Under Federal Rule of Evidence 201, we take judicial notice of the fact Ms.
Schwarz is a German citizen and are unpersuaded by her contention that she knows
she is a United States citizen because she remembers being born here. Moreover,
an examination of Ms. Schwarz's pleadings reveals they are purely frivolous and
follow a recurring pattern of similarly unsuccessful FOIA actions filed by her
against several other federal agencies, and at least two other actions against
the United States Postal Service. In addition, Ms. Schwarz previously filed
thirty-five frivolous petitions with the United States Supreme Court, prompting
it to bar her from filing any prospective noncriminal filings with that Court.
See Schwarz v. National Sec. Agency , 119 S. Ct. 1109 (1999). This Circuit alone
has entertained at least ten appeals filed by Ms. Schwarz. We admonish Ms.
Schwarz for the frivolousness of the present action and put her on notice that
any future frivolous filings in this court will result in sanctions.
Accordingly, we AFFIRM the district court's orders granting the government's
motion for summary judgment and motion to dismiss. A copy of this order shall be
filed in the records of the United States Court of Appeals for the Tenth Circuit
related to repeated frivolous filers.
Entered by the Court:
WADE BRORBY
United States Circuit Judge
FOOTNOTES
--------------
[1]
This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
From: ptsc <ptsc AT nym DOT cryptofortress DOT com>
Subject: Schwarz Circuit Court Kook Suit Archives SCHWARZ v FBI
Date: Sat, 23 Nov 2002 12:50:44 -0500
Organization: Busts Your Rips!
Message-ID: <rufvtuomfig81t3h7h96i0cmnvoo2ta71g@4ax.com>
http://laws.findlaw.com/10th/984036.html
U.S. 10th Circuit Court of Appeals SCHWARZ v FBI
UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
-----------------------------------------------------------
BARBARA SCHWARZ, ¦
¦
Plaintiff- ¦
Appellant, ¦
¦
No. 98-4036 v. ¦ (D.C. No. 97-CV-86-C) ¦ (D. Utah) FEDERAL BUREAU OF ¦ INVESTIGATION, ¦ ¦ Defendant-Appellee. ¦ -----------------------------------------------------------
ORDER AND JUDGMENT
1
Before BRORBY , McKAY , and BRISCOE , Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is
therefore ordered submitted without oral argument.
Plaintiff Barbara Schwarz, appearing pro se, appeals the district court's
summary judgment dismissal of her complaint alleging that the defendant, the
Federal Bureau of Investigation, failed to comply with her Freedom of
Information Act (FOIA) request. We grant Ms. Schwarz leave to proceed in forma
pauperis. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Background
Ms. Schwarz filed a FOIA request with the FBI seeking any records it maintained
concerning herself. The FBI initially responded that there would be delays in
processing her request due to the large number of FOIA requests. After she made
repeated requests for the information, Ms. Schwarz brought action under FOIA, 5
U.S.C. § 552, to compel the FBI to produce documents responsive to her request.
The FBI then informed Ms. Schwarz that its search indicated she had never been
the subject of an FBI investigation, but that it had located several references
to her, primarily copies of her correspondence with the FBI. The agency released
copies of all the responsive materials to Ms. Schwarz. There were three
references to Ms. Schwarz in documents that the FBI was unable to locate, but it
informed Ms. Schwarz it would continue its search for these materials.
The FBI moved for summary judgment on the ground that it had not improperly withheld agency records and that its search was reasonably calculated to locate all documents requested by Ms. Schwarz. The district court denied the first summary judgment motion filed by the FBI, holding that its supporting affidavit did not provide a sufficiently detailed description of its search process. The government then filed a second summary judgment motion, with a significantly more detailed supporting affidavit. The district court directed supplementation of this motion with information describing the means by which a FOIA search request from FBI headquarters is transmitted to the field offices. After the supplemented affidavit was filed, the district court granted summary judgment in favor of the FBI. On appeal, Ms. Schwarz claims that the FBI did not meet its obligations under FOIA, asserting that the FBI is furthering a conspiracy against her.
Analysis
The FOIA provides jurisdiction in the district courts to "enjoin" an agency,
subject to the Act, from "withholding agency records and to order the production
of any agency records improperly withheld from the complainant." 5 U.S.C. §
552(a)(4)(B). Summary judgment is proper in a FOIA action when the agency
demonstrates that its search was reasonably calculated to uncover all relevant
documents. See Weisberg v. United States Dep't of Justice , 705 F.2d 1344, 1351
(D.C. Cir. 1983). The agency must make "a good faith effort to conduct a search
for the requested records, using methods which can be reasonably expected to
produce the information requested." Oglesby v. United States Dep't of the Army ,
920 F.2d 57, 68 (D.C. Cir. 1990). "To show reasonableness at the summary
judgment phase, an agency must set forth sufficient information in its
affidavits for a court to determine if the search was adequate." Nation
Magazine, Washington Bureau v. United States Customs Serv. , 71 F.3d 885, 890
(D.C. Cir. 1995). "Conclusory statements that the agency has reviewed relevant
files are insufficient to support summary judgment." Id. "The affidavits must be
reasonably detailed, setting forth the search terms and the type of search
performed, and averring that all files likely to contain responsive materials
(if such records exist) were searched." Id. (quotations omitted).
When the agency has provided such affidavits, the nonmoving party must either produce evidence contradicting the adequacy of the agency's search or evidence of the agency's bad faith. See Miller v. United States Dep't of State , 779 F.2d 1378, 1384 (8th Cir. 1985). The nonmoving party may not rest on mere allegations or denials of pleadings; she must, by affidavit or other appropriate means, set forth specific facts establishing the existence of a genuine issue for trial. See Wren v. Heckler , 744 F.2d 86, 90 (10th Cir. 1984).
We review the district court's summary judgment on a FOIA claim de novo, so long as the decision rests on an adequate factual basis. See Audubon Soc'y v. United States Forest Serv. , 104 F.3d 1201, 1203 (10th Cir. 1997). Here, the FBI submitted multiple declarations from agency personnel detailing in substantial length the structure of the FBI's file and indexing systems, its search methods and procedures, and the scope and nature of the search it conducted on Ms. Schwarz' behalf. The FBI provided adequate affidavits and other material showing that the agency had conducted a reasonable search and had found, and turned over to Ms. Schwarz, all of the records it could locate responsive to her request. We have reviewed the record, and we agree with the district court's conclusion that "it is apparent . . . that the agency conducted a search for the documents requested by plaintiff in a manner reasonably calculated to lead to their discovery." R. Doc. 56, at 1.
Ms. Schwarz responded with only bare allegations claiming the FBI's search was not adequate. Ms. Schwarz argues the district court erred by not requiring the FBI to locate more files, and she complains in particular about the FBI's inability to locate three documents containing references to her. However, the fact that the FBI's search failed to turn up three documents is not sufficient to contradict the reasonableness of the FBI's search without evidence of bad faith. See Meeropol v. Meese , 790 F.2d 942, 952-53 (D.C. Cir. 1986) ("[A] search is not unreasonable simply because it fails to produce all relevant material; no [large] search . . . will be free from error."). The fundamental question is "not `whether there might exist any other documents possibly responsive to the request, but rather whether the search for those documents was adequate .'" Steinberg v. United States Dep't of Justice , 23 F.3d 548, 551 (D.C. Cir. 1994) (quoting Weisberg v. United States Dep't of Justice , 745 F.2d 1476, 1485 (D.C. Cir. 1984)). Ms. Schwarz supplemented and modified her search requests during the course of the litigation, and she complains that the FBI did not search all of its field offices, as she requested that it do late in the course of this litigation. However, "[a] reasonable effort to satisfy [a search] request does not entail an obligation to search anew based upon a subsequent clarification[;] . . . [r]equiring an additional search each time the agency receives a letter that clarifies a prior request could extend indefinitely the delay in processing new requests." Kowalczyk v. Dep't of Justice , 73 F.3d 386, 388 (D.C. Cir. 1996).
Ms. Schwarz also raises several procedural arguments about the proceedings before the district court. She complains that the district court gave the FBI several opportunities to supplement its descriptions of its search methods and procedures and to file amended motions for summary judgment. The district court has the discretion under Fed. R. Civ. P. 56(e) to permit affidavits in support of summary judgment motions to be supplemented. We find no abuse of the district court's discretion here. Indeed, the district court's rulings demonstrate that it carefully addressed Ms. Schwarz' allegations and diligently required the FBI to satisfy its obligations under FOIA.
The district court directed a magistrate judge to manage the case pursuant to 28 U.S.C. § 636(b)(1)(B). Ms. Schwarz complains that the magistrate judge entered an order that her pleadings and documents would be received by the court, but would not be considered filed and docketed until reviewed by the magistrate judge. Federal courts have the inherent power to impose sanctions to regulate their docket, promote judicial efficiency and to deter frivolous filings. See, e.g. , Roadway Express, Inc. v. Piper , 447 U.S. 752, 764-67 (1980); Van Sickle v. Holloway , 791 F.2d 1431, 1437 (10th Cir. 1986). The magistrate judge entered this order only after Ms. Schwarz filed several nonresponsive documents with the court. Ms. Schwarz does not claim that any of her pleadings were not filed or docketed, and we find no error in the magistrate judge's order.
Ms. Schwarz also argues that the district court erred in granting the FBI's request for a protective order staying discovery while the FBI's motion for summary judgment was pending. This court will not overturn the district court's exercise of its broad discretion to manage the scope of discovery absent "a definite and firm conviction that the lower court made a clear error of judgment or exceeded the bounds of permissible choice in the circumstances." Kidd v. Taos Ski Valley, Inc. , 88 F.3d 848, 853 (10th Cir. 1996) (quotation omitted). The decision of the magistrate judge denying discovery was reasonable and well within its broad discretion to manage such matters.
Finally, Ms. Schwarz argues that the district judge was biased and prejudiced against her, and erred by denying her recusal motion. We review "the denial of a motion to recuse only for abuse of discretion." Weatherhead v. Globe Int'l, Inc. , 832 F.2d 1226, 1227 (10th Cir. 1987). Ms. Schwarz' grounds for recusal are that the district court judge made rulings adverse to her in the course of the litigation. Ms. Schwarz makes only unsupported allegations that the district court judge was biased. Judicial rulings alone almost never constitute a valid basis for recusal based on bias or partiality. See Liteky v. United States , 510 U.S. 540, 555 (1994). We find no abuse of discretion in the district court's denial of the recusal motion.
To summarize, Ms. Schwarz did not present evidence raising a genuine issue of material fact contradicting the FBI's evidence that it conducted a search reasonably calculated to uncover all relevant documents. Therefore, summary judgment for the FBI was proper. Accordingly, the judgment of the United States
District Court for the District of Utah is AFFIRMED. The mandate shall issue forthwith.
Entered for the Court
Monroe G. McKay
Circuit Judge
FOOTNOTES
-------------- [1]
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Barbara Schwarz reveals insider information on her presidential life!
Date: 25 Nov 2002 09:44:51 -0800
Message-ID: <a6bc00a0.0211250944.1674212d@posting.google.com>
This message is to all those, that want to have a brief glimpse as to how my life as President of the Church of Scientology Germany really was: My life was filled with handling and surviving boms threats that were called in the org by anonymous Scientology attackers, with identifying objects that were threwn through the windows of the academy or sent with hate mail. I was confronted with illegal raids by German authorities ordered mainly to harass Scientologists not to find any criminal evidence. I had to respond to a flood of frivolous lawsuits and penal complaints that were filed against the German Scientology missions, the Munich org, Scientology executives, and of course, also against me personally. (Those cases got dismissed later, because not based on facts, or true claims, or any actual violation of any laws.) The German authorities government fanatically issued one decree after the other to close the org and the missions down to deny Scientologists their right to exercise their religion. My life was filled with problems that Scientologists could lose their jobs, their business partners, their spouses, their children, just because they were Scientologists and for no other reason. I got many problems on my plate concerning that Scientologists were so badly discriminated against that they could not rent apartments, did not get jobs, could not advertise, were not allowed to join a political party, or were in danger of being kidnapped and depersonalized, or committed in mental health hostitals, just because they wanted to study Scientology. The German media helped the German (yes, still Nazi) government to create a climate against Scientologists that destoyed families and allowed Scientology attackers to come away with outrageous violations of the law and international human rights. It was not uncommon that German newspapers printed up to 500 hostile articles the week about Scientology to poison the climate for Scientologists and to spread lies. The articles had usually all the same Nazi message: That L. Ron Hubbard would be no honorable man and the Scientologists would lose their personality and individualism in the Scientology orgs, that they can't exist anymore without the group and therefore need mental health treatments. (As if I would not be a great example of a Scientologist with individual character and unique personality that did just fine inside of the Scientology orgs and outside!) The Germans did not only attack Scientology from the ourside. They infiltrated the missions and orgs. They sent their agents in with the order to commit criminal acts, so that L. Ron Hubbard, Scientologists and Scientology will be blamed on it and to make sure that good Scientologists leave. I had to be very alert as to that those bad apples were rolling through the org. I also never forget the hate distorted faces of those German Scientology attackers that pulled a gun on me out side of the Munich org. It was the life of of Jews in a Ghetto! The German government raided the Munich org right after my presidency. They were so eager to find something to connect me with a crime. And guess what? They could not find a thing, because I was not criminal. Nevertheless, they continued to persecute me and threatened to commit me to a mental health hospital, just because I compared them to Nazis, which they still are. I had to flee Germany, because they can't handle that I exercise my freedom of speech. They never protected any of my rights, but outrageously denied all mine. I despise Germany. Foregoing is not even 1% of that what they else did to me. However, the advanced abilities and the knowledge that I have won in Scientology are worth any struggle, so I continue to stay a Scientologist, no matter what the threats are. Besides, Germany deserves a Scientologist like me, telling the world what a Nazi hell hole it still is. Above is the truth. I know many of you don't want to believe the truth. For those of you, there is another version of my presidential life in Germany on the web, which I posted on November 25, 2002 in reply to the message of the "Tahitian princess". My guess is, that is that you like that version better. Barbara Schwarz, Nov. 25, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 1: Barbara Schwarz reveals more shocking news!
Date: 27 Nov 2002 08:41:57 -0800
Message-ID: <a6bc00a0.0211270841.547c5624@posting.google.com>
Thanks to all of you that e-mailed me. I can't reply to all of you personally. I understand that many of you don't want to post, because you don't want to be mauled by rabies-stricken coyotes, but don't you worry about me. Remember, I was the President of the Church of Scientology Germany. I am used to to deal with large wilde Nazi-tribes all at once. You had questions about President Clinton and my law suit. Being more fair to him than he ever was to Mark Rathbun (de Rothschild) or myself, let me tell you that he truly wanted peace in the Middle East. He worked very hard for a lasting peace agreement between Israel and Palestina. He also regrets very much that his bombs did not kill Bin Laden and that he failed to continue to go after him. If Bill Clinton could turn back time to undo September 11, 2001, he would move heaven and earth to do so. His biggest mistake (besides keeping wrongful incarcerated Marty Rathbun behind bars and writing me those inappropriate letters)was that he ignored the secret German Nazi infiltration of the world. If he would have pulled strings, he would have found that a secret German Nazi secret service prevents peace in the Middle East. They are the people that fuel the hatred between Palestinians and Jews and Moslems and Jews. The German Nazi secret service picked Moslems to replace their anti-semitism that they have to control a bit in public after they lost WW II. If President William Jefferson Clinton would have ordered the American secret services to prove the secret German Nazi infiltration against peace in the Middle East, the Palestinians and the Israelis would be both outraged at the Lederhosen-guys, instead mad at each other. If President George W. Bush goes after them, peace in the Middle East will also fall under his legacy, despite Bill Clinton spend so much time trying to archive it. There is a German proverb that you should all know. It says: "Wenn zwei sich streiten freut sich der dritte." The translation is: "When two are fighting, the third one is enjoying it." I know, most people are concerned when two are fighting and don't enjoy it, but the Germans are no normal people. President Clinton's bombs did not get Bin Laden because this German Nazi secret service watches and secretly runs the American secret services. The Germans tipped Bin Laden to leave the compound in time, because they watched the CIA, the NSA and any other U.S. secret service and their officials, the U.S. defense officials and also President Clinton working out their strategy to eliminate Bin Laden. That is why he was not killed and this is also the reason why Bin Laden escaped at Tora Bora once again. He came away just as Hitler did in 1945. Hitler did not commit suicide. He married his fluzzy Eva Brown just the day before he allegedly killed himself. Who marries if he anyway does not want to live? President Eisenhower also said that Hitler came away. But many of what he said and wrote was deliberately not broadly published by an American government that is actually the poodle of the Germans. The press corps was also bribed by the Germans to write only certain things that he said, to avoid that the public will be informed that the Germans are still at it to rule the world. If I would be a German, I would search as long till I have recovered any Jewish roots and would oppose any secret or open activities by this Nazi secret service. I know that many Germans think that they are safe from the atrocities of this secret service, that they just harm Scientologists, Americans, Jews and other nationals, but this is not so. I have an intuition that works better than a Swiss watch. I have a very eerie feeling that in order to make the world believe that they are not the worlds most active war-makers and terrorists, that they will attack under cover Germans. If you are German, watch out! Your secret service does not love anybody, not even other Germans. Barbara Schwarz, November 27, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 3: Barbara Schwarz reveals more shocking news!
Date: 27 Nov 2002 09:05:28 -0800
Message-ID: <a6bc00a0.0211270905.2829479@posting.google.com>
Attn. Martin Ottmann and rest of the world: I am glad you cleared up that Kendrix Moxon is not your legal advisor, but do you know what is odd, Martin "Oddman"? That you, a declared SP and Scientology-attacker referred me to Kendrix Moxon, while others are saying that he works for Scientology or is a Scientologist. Are you indicating that Ken Moxon got a lot of money for his "legal services" from Scientology-orgs, but has not really Scientology interests at heart? I knew such an attorney once. It is Willhelm Bluemel from Munich. He got very rich from what the Munich org and the German missions paid him, "representing" them. Rosemarie Bretschneider told me that attorney Bluemel sort of gratulated her after she and her kidnappers held me locked up in that house in Herrsching to knock Scientology out of me. She told me he said to her that it would be my fault(!) being kidnapped, because if I would be no Scientologist, that would have not happened to me. She also told me she saw a power of attorney in his files to represent me, but that document had not my original signature on it, but was copied from another document on the POA. It was a forgery. I could not stand that criminal and non-Scientologist attorney Wilhelm Bluemel. I did not give him the POA to act upon my behalf.
You need a big sword to cut through the enormous paperwork that you collected on me, otherwise you can't enter your home, correct, Martin Ottmann? You have so many layers of documents on me that your bed is so high up that your nose touches the ceiling while you sleep. That explains the constant sore spot on your nose. Soon you have to share the surgical mask with Michael Jackson. The amnesty that I issued many years ago was no blackmail as yours is. I was much too friendly years ago. I should have sued the hell out of Mucha, but on the other side, which court in Nazi Germany would have stopped that man to deny constiutional rights of Scientolgists, right? The proposal from you for me to return to Germany killed me. You really want to see me in a mental health hospital with my brains taken out. I believe that is what you Germans are after: My brain cells to inject them into your own brains to enhance your intelligence.
Barbara Schwarz, November 27, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 2: Barbara Schwarz reveals more shocking news
Date: 27 Nov 2002 10:16:28 -0800
Message-ID: <a6bc00a0.0211271016.291a3f93@posting.google.com>
Attn. OT-7@the-7th-dynamic.com and everyone else: L. Ron Hubbard never liked poker. He'd rather played chess. He never made the statement that he could start a religion to make money. Anti-Americans runned by a German Nazi secret service made the poker game and the statement up. They also altered many of his policies and bulletins to make Scientology less effective or even look ridiculous. Just think about this for a moment: L. Ron Hubbard wanted the world to become Clear and OT. So, how better to prevent that by infiltrating the orgs and making service so expensive that not many can afford it? Many Millions of people that would have paid more affordable donations would have made him much richer than fewer Millions of people that paid more. I also don't understand that you don't know that the Germans want the Scientology money. That is why they arranged that it was transferred out of the USA to Luxembourg. Germany wants to become the leader of the European Union, which means they then have all Scientology sea org reserves. L. Ron Hubbard never made any personal profit from Scientology. Furthermore, do you know that L. Ron Hubard's "illegal PC" was never somebody that was snatched and put in a funny farm? It was a person that was sent in the orgs by organized crimes, a German Nazi secret service, other secret services, somebody who had an ear implant, a middle ear microchip through which his case officer ordered him what to say and reply in session. From what I can read from your description of PC's, that is what you were dealing with. From the amount of criminal and lying people on this earth, you must assume that history and also religious scriptures are not properly recorded. If somebody tells you in session that he is Jesus or Cleopatra or any other historical or religious figure, and the past life "recall" matches exactly the history books or the Bible or Koran or whatever, the PC is pulling your leg. L. Ron Hubbard's auditing technology was so precise as DNA technology. (Yes, Zinji, listen and learn.)I am certain we are not more far away from scientifically proving the existance of past lifes. My guess, you will met the real Jesus and Cleo then. L.Ron Hubbard's study tech is not ridiculous either. It made me able to study American law books in a snap and english is not even my first language. I earned as little as you did while on staff, but I was not in Scientology for the money. I am not more on staff. Non-Scientology-infiltrator Birgitta Dagnell/Harrington kicked me out. However, would I tell people not to take services in the orgs or not to join staff? No, I would not, because once you got the hang of what was written by L. Ron Hubbard and what not, it is smooth sailing and people will have lots of cognitions, wins and yes, advanced abilities. But I surely would love to see Scientology returned to what is really was under L. Ron Hubbard and want the criminal infiltration busted. But once again, I am certain that Scientology attackers will not change anything to the better, real Scientologists however will. Just stay tuned and be amazed at the end. Barbara Schwarz, Nov. 27, 2002
Attn. Frederick Rice: So, how is New Zealand today? Once again, Frederick, I am just fine. I don't need comfort and support. I am not troubled. Besides, my experience is that you get rather kicked out of Scientology than being held against your will. My experience is that the Anti-Scientologists hold you against your will and I truly try to avoid any such incidents in furture and don't want to meet with Anti-Scientologists. What would be the use of such talks? I only accept Scientology "critics", that tell the truth as to that Scientology orgs are secretly infiltrated by Non-Scientologists that are causing problems. But there is something that I would need from anybody. That is the truth about Marty Rathbun's wrongful incarceration. I need to know where he is exactly being held so that I can testify in the proper forum and can prove his innocence. Barbara Schwarz, Nove, 27, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 4: Barbara Schwarz reveals more shocking news
Date: 27 Nov 2002 11:36:28 -0800
Message-ID: <a6bc00a0.0211271136.62cbd64d@posting.google.com>
Attn. Tilman Hausherr, Birgitta Dagnell (Harrington), and everyone else: You got this one right, Tilly, Mark Rathbun (de Rothschild) still cares and protects me, despite he is wrongfully incarcerated. Marty is a saint. A sexy one, but nevertheless, a saint. But it is not as you imagine it. Marty is like me a top target of this mentally retarded, brutal and fanatical German Nazi secret service that persecutes us and does not hesitate to murder. His life behind bars must be much harder than those of other prisoners. I feel he is tortured and discriminated against on a daily basis and this breaks my heart. I am certain they want to kill him or want to make his life so painful that he commits suicide, so that he can't help me anymore. The pressure of all unified evil is on the shoulders of Marty Rathbun. But he has more willpower than any other person in the world. His willpower is legendary. He'd rather die than to let go of me, so would I. He does not run the individual bodyguards that he hired to protect my life by phone from prison. Marty has a very functional family. They support him. It's my feeling that they coordinate my protection for Marty while he is not free. I also trust that Marty would be not free to contact me, even if not incarcerated, because I believe that the God forsaken German government organized a restraining order (to stay away from me) against him in U.S. courts and that without my knowledge and consent, despite I never wanted anything more than to see him again. It's my intuition that this happened. I got suspicious in summer of 1984 that the German government framed Marty and used fanatical Rosemarie Bretschneider for this purpose, but any evidence hereto was and still is concealed before me. In 1985 I visited the district attorney Keltsch in Munich in his office. This completely corrupt and indeed scary looking man, who later became judge, denied my human and constitutional rights in 1984 in Taliban style. I went to see him however, to ask him a question and to get my clothes back. After I returned in spring 1984 from Los Angeles, Rosemarie Bretschneider had nightmares that I was abused in L.A. in the Scientology orgs and without my knowledge and consent she carried the clothes that I brought back to this district attorney for laboratory examination. My guess was that she wanted to know if I was raped, because me telling her that I was just fine, was never enough for that woman. Keltsch told me that they found nothing on my clothes that would indicate a crime. Before I could ask him if he would know of any penal complaint involving me was filed against anybody at Scientology International, he showed me one piece of paper. As I rightly had assumed, Rosemarie had filed a complaint behind my back against Scientology International and she named some Scientologists with names. She claimed that they mindcontrolled and implanted me, which was of course not true. The name of Marty Rathbun was not mentioned in her penal complaint. Keltsch asked me if I want Scientology International prosecuted. I told him to dismiss the complaint, because it was not based on facts but on Mrs. Bretschneider's nightmares. I also did not want that Nazi Keltsch to investigate Scientologists, because he was just after the innocent Scientologists and deliberately ignored the criminal non-Scientology infiltrators. Keltsch replied to me: "This is what I thought, Ms. Schwarz, nobody did any harm to you!" I went to see Rosemarie Bretschneider and told her that I got her penal complaint dismissed and repeated what Keltsch said to me. She looked at me very surprised and answered, that this is not want Keltsch told to her. He told her that somebody from Sweden has filed an affidavit that I was so terribly abused in the Scientology orgs in Los Angeles, that the crimes committed against me would be so horrible, that he could not show her this affidavit. I told Rosemarie Bretschneider that district attorney Keltsch is a freaking liar and a Nazi and that she better stays away from people that are just using her Anti-Scientology fanatism and missing IQ for their purposes.
At this point I have a message for Birgitta Dagnell(Bid Harrington): Birgitta, I have the eerie feeling that you are the terrible liar from Sweden that filed that disgusting wrongful affidavit, despite you were not even in Los Angeles when I was there. If I ever see evidence that you low life scum fabricated this affidavit to frame innocent Marty Rathbun and to keep us apart, or to frame any other good Scientologist, I will make sure that you will clean prison floors for the rest of your lousy existance!
I did not mention Marty's name to anybody. Not even my siblings, because did not want Rosemarie Bretschneider to know his name, because she is a nut and files wrongful criminal charges against anybody who might take me away from her, that is why she hates Marty and Scientology. She does not want me to be happily married. She wants to play the first fidel in my life. She is a lot like the mother of Carrie in the novel of Steven King, just even worse.
After I was once again kidnapped in 1987, this time by Rosemarie Bretschneider, Cyril Vosper and two other criminal men, to Herrsching in Germany to depersonalize me and make a Scientology attacker out of me, I broke together at home. The deep physical wounds and cuts that I contracted from trying to escape from this house were burning like hell. I could not find sleep either because Nazi Germany did not arrest Rosemarie Bretschneider, but allowed her to be around me again. This was one of the very few times in my life I ever cried. I cried so hard for Marty to be with me and take me out of this disgusting Germany, that my sister Ulrike got scared. She came in my room while Rosemarie Bretschneider was outside waiting and listening. Ulrike demanded to know who Marty is. I did not tell her and told her to leave me alone. She took my both wrists and demanded again to know who Marty is. I again did not tell, I pushed her aside with the last strenght that I had after the kidnap ordeal, escaped the flat and became homeless on top of all other problems. I fled to the USA x-mas 1987 to come away from the Germans. Through a FOIA/PA request that I filed in 1992 to USNCB Interpol (USA), I received documents that indicated that Interpol Wiesbaden worked together with Rosemarie Bretschneider (Who had criminal charges pending against her at this time being a kidnapper and this was all over the German news) to hunt me down in the USA. Those documents wrongfully stated that I would be a "missing person", instead of the run of German government, criminal abductors, depersonalizers and Scientology attackers denying all of my human rights. The Interpol documents are nothing short of amazing. Read in part 5 of this series what's in them and why Interpol really was after me. It will knock your socks off.
Barbara Schwarz, November 27, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 5: Barbara Schwarz reveals more shocking news
Date: 29 Nov 2002 08:52:40 -0800
Message-ID: <a6bc00a0.0211290852.7afd5626@posting.google.com>
Attention all those with the rabies and also all those without:
It's Zinji and others that are of the opinion that it's only my imagination to think that Marty Rathbun (Mark de Rothschild) and I would be the target of a worldwide active conspiracy and my story would just have a German connection to Scientology. It's not so, my friends or enemies, whatever you choose to be, it is getting more global below and in the continuations:
The Interpol documents that I received from Interpol, the Central Bureau USA in D.C., clearly state that Interpol USA on demand of Interpol Germany in Wiesbaden ordered apparently all police stations in the USA to get hold of me in a "Top Priority Search" (their words, not mine.), because they would have found a letter written by me saying that I intent to meet with Marty Rathbun of Author Services, 4833 Fountain Ave., Los Angeles and that we are Scientologists. (They altered his name to Marty Ruthburn, but there was no doubt what Marty they meant.) Well, here you have it again, the affinity of two private people became a global affair of persecution. The German still active Nazi government and not only nutty Rosemarie Bretschneider used the U.S. government to stop me to talk to Marty, because they were afraid that it will be revealed that the Germans framed Marty having abused me, something I never ever claimed to anybody, it's entirely fabricated by insane people that just don't want us to be together. I also received a copy of a Los Angeles Police report (name of police officer was redacted) dated May 23, 1988, to Interpol Shoreham Bldg. room 800, Washington D.C. saying that they investigated, but nobody at the (Scientology) addresses knew me. They surely did not check with Marty Rathbun himself, or with President of Scientology International Heber Jentzsch, or with Kurt Weiland, or any other of the numerous other Scientology staffmembers that knew me. They probably just asked the non-Scientologist receptionists, the infiltrators, so that Marty does not receive the information that I wanted to talk to him, to help him establish that he was framed by the German government. However, otherwise the information given by those in the orgs were correct. I was not in California in 1987/88. I was at the U.S. East Coast. I did not see Marty in those years and if I would have gone to see him, the police would have stopped me, because the orgs apparently were under investigation and surveillance. Through another FOIA/PA request that I filed several years later, I received another very interesting document. It says that Interpol Germany in Wiesbaden is concerned that Interpol USA (USNCB)provided me with any records. USNCB replied that the Germans don't have to worry, I did not get all their records on me and that Interpol Germany can be assured that USNCB will continue to support them. (Hey, USNCB executives, you American traitors, where was Germany when the USA needed them? You better re-evaluate your loyalties!) Nazi-Interpol Wiesbaden and also Interpol HQ in Lyon withheld all their records on me. They must have huge drawers on L. Ron Hubbard, Marty Rathbun ( Mark de Rothschild) and myself and persecuted us to keep us apart.
As Rosemarie Bretschneider is like an incurable disease and attaches herself to me like Elmer-glue, she arrived in summer 1988 in Washington D.C.. She should have been under lock by the German authorities, because for having kidnapped and abused me just the year before in a despicable and brutal attempt to depersonalize me, but the German Nazis did not only let her run again after me, she got apparently governmental help everywhere to stalk me down in the USA. However, this time somebody warned me that she landed on American soil, so I changed once again the continents and return to Germany. I had lost my well paid job in a Swedish/German publishing company through the 1987 kidnapping. Ms. Bretschneider told me that the company would hire me immediately back, but I found out that they knew that I was going to be abducted and they did not warn me. As I don't work for criminal Nazi-companies, I looked for something else. It is already hard for a Scientologist in Germany to find work in Germany and for me it was especially hard, because I have to explain the long periods in my life where I could not hold a job, because was either abducted or on the run. From my life history, every employer has to conclude that it will happen to me again sooner or later and that I will not show up to work, because I can't, so why hire me? Anyway, I found a low paid job and a primitive little room in a run down house with a mouse and rat and a criminal "landlord" in Munich and I tried to start over. I hoped all the time that I would get a message from Marty, either something private or at least a subpoena, but nothing ever arrived, also nobody in the Munich org provided me with any information about this case. (Read also part 6, the story is far from over....) Barbara Schwarz, Nov. 29, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 6: Barbara Schwarz reveals more shocking news!
Date: 29 Nov 2002 10:07:14 -0800
Message-ID: <a6bc00a0.0211291007.5e5dd335@posting.google.com>
Here is another sequel of that global affair:
After some weeks Rosemarie Bretschneider returned from the USA to Germany. I could not avoid to run into her in Munich. She knew Marty's last name, even the correct spelling, and she also otherwise claimed to be an expert on his life now, despite she never met him. Me telling her that Marty has same good character as my brother Franky, that Marty helped me and never harmed me at all, did not change a thing. She knew everything better. She looked very guilty, and I felt that she has done something horrible to Marty while being together with Reginald Alev and other Scientology attackers in the United States. She told me that she met Alev in Detroit, but she withheld all details. She could have not filed the original case of 1984 against Marty, because she did not know his name or of his existance, but that might have changed in 1988. I belive that Marty was framed again in 1988, this time again by the Germans and this time also by Rosemarie Bretschneider. My guess is that the German government and all conspirators against Marty declared me dead. They framed him of having murdered me, so that no U.S. agency or court can demand that I shall come forward as witness. They all knew that Marty would be immediately acquitted on any wrongdoing as soon as I testify.
End of November 1988 I read an article in the Sueddeutsche Zeitung, one of Germany's biggest newspapers, about 71 arrests made in Madrid, Spain on November 21, 1988. The names of those they snatched were not published, except the name of President of Scientology International, Heber Jentzsch. Especially the last line of this article startled me. It said the arrests were triggered by a penal complaint that was filed in 1984 claiming Scientology is guilty of "kidnapping and robbery". It sounded just like that penal complaint that Rosemarie Bretschneider filed in 1984 to German authorities. She claimed I was kidnapped by staffmembers in the Los Angeles orgs, and that this would be "robbery of a human being". She claimed that despite I told her thousands of times that I went very voluntarily to the United States in 1984, that nobody in the orgs kidnapped me. I was always glad to get out of still Nazi Germany and most of all, Marty, my prince was in Los Angeles in 1984. How could I not wanted to see the most wonderful man in the world again?
Anyway, I however believe that Rosemarie Bretschneider's penal complaint was used by the Spanish authorities to justify their Nazi-actions against Scientology, Scientologists and mainly Marty. I am certain it was not her that filed that complaint to the Spanish authorities. I am sure that the German Nazi government made sure that this complaint was filed to the Spaniards. Rosemarie was always poor and still is. She lived most of the time on welfare. In order to pay the three kidnappers of 1987, she got a credit from the German government for several thousands of German Marks, otherwise the plan to knock Scientology out of me would have failed on the finance-level. Rosemarie is unorganized. She can't even organize her address book properly. If nobody actively helps her to be the anarchist that she is, as the German government, and crazy lawless Scientology attackers, she does not accomplish much. I also had no connections to Spain, except that I once saw a Spanish newspaper with a large photo of me, saying that I would protest depersonalization (which they and others wrongfully name "deprogramming").
With the blessed analytical mind of mine, I puzzled following together: Marty was framed in 1984 and 1988. He tried to reach me as witness (likely through an attorney because he was wrongfully slapped with a restraining order to stay away from me) but none of the messages or subpoenas ever were delivered to me. He decided to go to Germany to see me and to get my testimony, but before he landed in Spain to speak on a Scientology event in Madrid. To make sure that Marty never set a foot in Germany to find me, the German government ordered the Spanish government to arrest him. To make it not look so suspicious and to not reveal that they mainly and only targeted Marty Rathbun (de Rothschild), they arrested 70 other Scientologists right with him. (Sorry, Heber!) The idea to arrest Marty in Spain was also to break his will, to give up on me, to admit crimes he never committed, to make him to hate Scientology, to depersonalize him, to make him sick behind bars, to attack hin behind mars, to murder him behind bars. And they arrested him in Spain so that he can't be paroled according to U.S. laws.
Of course I tried to find Marty in Spain. I wrote numerous letters to the Spanish authorities and courts from 1989 till recently and asked them to inform me about the case against Scientology and especially the whereabout of Mark C. Rathbun (de Rothschild). I explained over and over to them that Marty was framed and is an innocent man, that I can prove this and that they should let me testify on his behalf. The replies that I received from numerous Spanish authorities were very suspicious. Nobody informed me about Marty's whereabouts. They avoided to give me any clear answer, they twisted his name around, they lied to me, they wrote the can't tell me about him because of "privacy reasons". Fact is, that the Spanish government did all what the still existing German Nazi government wanted them to do, to make sure my testimony for Marty will never happen. They knew very well they arrested and held an innocent man. You probably heard, that the Spanish authority don't want to extradite Al Queda suspects to the United States, because U.S. justice could be too tough on those innocent little boys, but they don't hesitate to wrongfully incarcerate and brutally torture innocent Scientologist and U.S. citizen, Marty.
Despite that I clearly felt that Marty was arrested in Spain, I headed to the United States once again in October 1989. because I knew that a country that enjoys watching bulls being tortured to death will not grant any justice to us. Furthermore, the German government indicated that they intent to institutionalize me because I claim that they are still Nazis. (There is no freedom of speech in Germany, once you are an outspoken Scientologist. They come and get you if you say what you feel.)
Read the sequel in part 6, soon to follow
Barbara Schwarz November 29, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 7: Barbara Schwarz reveals more shocking news!
Date: 30 Nov 2002 08:58:57 -0800
Message-ID: <a6bc00a0.0211300858.7503571a@posting.google.com>
Here is another installment of my story, friends and enemies, but relax, there is an end of my life story in sight, I am not that old yet. This part of my life causes me still a lot of pain, that is why I did not start right away with it. It is hard to think and write about it, because it was so humiliating and painful. If you think that part is hilarious fun, you will be greatly disappointed. This is a story of Germany in 1984 Nazi Germany. It will show you that the German still existing Nazi government treats Scientologists like me just like the SS or the Taliban, and there is just nothing funny about it.
After criminal Scientology infiltrator Birgitta Dagnell (Bid Harrington) kicked me out of FOLO EU in summer 1984, I got myself a job in a Copenhagen hotel and lived in a room in a private house. I was saving money, because I wanted to return to the USA to see Mark C. Rathbun (de Rothschild)to confirm if my perceptions as to that he was framed by the German government are true and if the arbitrary action by Birgitta to kick me out of the Sea Org had something to do with it that I should be not found within Scientology orgs to prevent my testimony for Marty.
One day, Rosemarie Bretschneider showed up in Copenhagen. She came with an elderly man named Beneken from Essen a town in Germany. She demanded from me to get in the car with them and return to Germany to live in Rosemarie's home. I refused. I was a legal adult, I had a job, I had a home, and I don't crawl in the car of a strange man, who had on top so watery eyes all the time that I doubted if he can see the traffic signs. Ms. Bretschneider was her usual way of nutty. She had a German niacine drug in her hand, because an Anti-Scientologist had told her that I am a "niacine-addict" and I will be in need of a dose when she sees me. (For those that don't know it, niacine is a vitamin, nobody gets addicted to it.) I kicked her out of my room, threw the niacine drug after her, because I really felt insulted by that odd couple and their nonsense. As Beneken is an old man, he did not have the strenght to kidnap me and stuff me in his car, so they left after a while.
Only a few days later, it was early September 1984, I got another visit. Two Danish policemen knocked at my door. They told me I am urgently needed as witness in Germany and I shall come with them, they would accompany me to the border. Of course I was extremly suspicious that I walk in a trap, but I had a good conscience, I never did anything against the law and I thought that if I don't go at all, I probably never find out if there is a case against Marty and if he needs my testimony. I asked the Danish cops for details, but they told me they have none whatsoever. All they know is that German authorities ordered them to find me to testify on German soil. One cop asked me to pack all my belongings, which was quite strange. I told him, that I travel light, because I plan to return to Copenhagen right after I testified. (I lost all my property in Danmark, I never saw anything of my belongings ever again.)
We arrived at the German border in city Lubeck, when German policemen suddenly took me in custody. They told me that I am arrested. I was outraged, because I did not even know why. This is how still Nazi-Germany handles their extradition cases, they lie and cheat to get hold of a person to avoid the written laws. However, I believe that Danmark agrees to such criminal "extradition-methods". The Danish policemen knew exactly that the Germans had planned with me and that they lied deliberately to me, so that I would go with them. They knew that no formal extradition request would have succeeded, because the Germans had no charges against me.
I asked the German police to name the charges to me. The Lubeck policemen told me they would not know them. I asked to call a lawyer. The policemen told me I am not allowed to contact any attorney. I got very angry and called them Nazis, which they indeed were. I continued to demand an attorney. I have a hot temper and it got even hotter after all my rights were denied to me. I banged with the fists and feets against the iron door of my cell much of the night. Finally, one policeman handed me a phone, but I was not allowed to call anybody, I was just allowed to listen. Guess, who was at the phone? Super-Nazi Munich District Attorney Keltsch! I complained about the illegal and unconstitutional treatment, that I would not even know what the charges are and that I am not allowed to contact any lawyer. He also did not tell me the charges, he told me only that I am not allowed to talk to an attorney. He said: "The only person you are allowed to talk to is Rosemarie Bretschneider, your mother!"
For those, that don't know it, Rosemarie Bretschneider is no lawyer, but German laws say as clearly as the U.S. laws that you are entitled to talk to an attorney once you are arrested and that you are entitled right away to know why you were arrested. But what is written in Germany is a completely different thing as to what is being done. The reason why Keltsch did not tell me the charges against me, is because he had not yet had time to fabricate them. He did not knew them either.
Several hours later I was brought before a judge in Lubeck, who did not even look like a judge but more like a clown in a blue metallic looking jacket. I asked the judge to allow me to call an attorney to be present during the hearing. He denied the request. He said I can contact the attorney after the hearing. They had finally come up with the charge against me. The corrupt judge told me that I am arrested because I intimidated some years ago a man with name Karbe, a former German governmental official, at the phone. This man had planned an international event against minority religions that was pro deprogramming. (That is kidnapping and depersonalization, folks, and crimes against international human rights.) I indeed had told Karbe to cancel the event (that was chaired by Veronica Carsten, another Nazi and wife of a German ex-President)in the name of human rights, and if he would go forward with it, I would protest it and write about him and his intentions. This was the "crime", people! I told that Karbe my opinion, and he was afraid that I might write the truth about him, so he claimed that I broke the law and not he. (Needless to say that I was acquitted later on any charges relating to this case.) Karbe was never intimidated by me. He went right through with the Nazi-event, that showed the world what disgusting Nazis the Germans still are trying to get people to resign from their religions, just because the Germans did not like those religions. Scientologists were not even allowed to attent. We had to wait outside in the cold, while other people walked right in. Karbe had only one witness, a woman with name Barbel Gudelius, who told later in the trial that she did not hear a thing. And isn't it ironically that it was me that was kidnapped not much later and that I was held against my will in a "deprogramming" session in which I was hurt and abused? This event made many Germans, including Rosemarie Bretschneider think, that it is alright to kidnap Scientologists.
See also part 8 of this story. If you think forgeoing was bad, it is getting much worse.
Barbara Schwarz, Nov. 30, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 8: Barbara Schwarz reveals more shocking news!
Date: 30 Nov 2002 09:56:37 -0800
Message-ID: <a6bc00a0.0211300956.5d4fada3@posting.google.com>
After that Nazi/Taliban hearing before the Lubeck judge, I was brought in a Lubeck prison cell. I could not find sleep because the wardens had a green light shining on me all night. Despite that the judge had promised that I can talk to an attorney after the hearing, I was further denied to talk to any attorney or anybody else. Next morning they sat me on a train to Munich. I was accompanied by several female prison wardens and constantly changing policemen. When one left the train, another one joined. I told each one of them about the unfair treatment and that I am not allowed to talk to an attorney. Everyone of the policemen knew that my rights were violated outrageously, but not one uttered that this would be not right and that they will report it. A train from Lubeck to Munich takes approximately nine hours. The women handcuffed my hands on the back and deliberately too tight, that I had extreme pains during the long trip. I had to sit in one straight position all nine hours, because when I leaned back, my hands and wrists were hurting even more. I asked the wardens to re-adjust the cuffs, because too tight. They did not, but loughed in my face. One of the female wardens, the biggest one with approximately 230 pounds, slammed the back of her hand in my face on which she carried a big pointy ring. Everything around me got dark and my ears were ringing. In addition to the painful wrists and hands, I had a bloody nose and a burning face. Lovely country, isn't it? I got nothing to eat during the nine hours not even a sip of water, but the wardens surely ate like pigs.
We arrived in Munich. When they opened the handcuffs, my hands were two swollen red ballons. I was put in two different prisons, first in a prison in Stadelheim, then transferred to Aschheim. Both prisons were filthy. One female prisoner in Stadelheim told that District Attorneys are not so bad, as long you go to take walks with them and are nice to them. It was just unbelievable. I was still not allowed to call any lawyer or anybody else. Because I continued to complain about the outrageous handling and the abuse, I was stuffed in isolation in Aschheim.
Next day, I was taken to see psychiatrists. And guess you run up and down in those halls enjoying the attentions of everyone? Rosemarie Bretschneider! I had strong urges to ring her neck there for everything she put me through, just because he is so unnaturally fixed to have me live with her and nobody else. I got the suspicion that Rosemarie suffers under what is defined somehow as the Munchhausen disease. This is for example a "mother", that makes her "child" sick or declares her child as sick, just to get attention. She really enjoyed it that every of those similar crazy psychiatrists took her seriously and worked out a plan to get me in a mental health institution. They brought me to a psych who had one eye of glass, the other one was his real eye. The strange thing was that with the glass eye he confronted me, but with the real eye he avoided to look at me. It was really odd, because I did not know what to look at. I was angry. I complained about the treatment and the denial of my rights and that I am still was not allowed to talk to any attorney. The pyschiatrist decided that my complaints are a mental sickness. (Come on, folks, even if some of you hate my guts, but would you not be outraged if this kind of justice would happen to you?) Another psychiatrist came out of his office and asked me only one question: "Is your father an Iranian?" I replied, he isn't. That was enough for this guy to declare me insane.
Rosemarie Bretschneider claims that my father is a rich Persian business man from Iran, Mohammed Kermantschi, a moslem. I met him when I was 19 years old, the first time. He never gave a damn and he never behaved like a father. He told me he rather would have me call him an uncle. When I became a Scientologist, Rosemarie contacted this man, wanted to become his other wife and wanted him to kidnap me to Iran, to keep me under a veil and away from Scientology. She would have sold me to Bin Laden in a heartbeat if she would have known his address. She pressured Kermantschi so badly with the kidnapping me that he got a heart attack. He had to be hospitalized. He did not die, but I never heard back from this "father". The Germans set this middle eastern man up to be my father, just as they secretly run Al Queda.
I was stuffed back in a prisoner transportation car. It was like standing in a tight closet, there were no handles anywhere and during the crazy and fast ride, my body was bounching from one part of the closet in the other one. It was painful and dangerous.
I had asked one of the primitive Bavarian beerbelly policeman that he shall tell me where they take me. He loughed in my face and hollered: "To America!"
Read in part 9, where I landed. It just got worse and worse. Once, again, I hate the completely lawless Germany with all my heart. I don't even want to be burried over there. Barbara Schwarz, Nov. 30, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 9: Barbara Schwarz reveals more shocking news!
Date: 2 Dec 2002 08:54:32 -0800
Message-ID: <a6bc00a0.0212020854.54c968fb@posting.google.com>
Here is more tragedy and nothing funny about it. If any of you should come in the situation where psychiatrists put their bloody dirty hands on you, please take my advise and don't crack a joke. Psychiatrists don't have a sense of humor and use the joke right against you to declare you insane.
Anyway, the Bavarian policement dropped me off in the reception area of an office. I had no clue what office I was in. The prisoner transport car had no windows. The police did not stop in front of the building, but I had to enter a through a backdoor. The psychiatrists ("psychs") apparently defined that nobody told me where they brought me as a mental illness of mine. Come on, folks, if somebody wraps a bag around your head, dumps you in a car and drives you in a wild chase 30 Minutes through town, enters a building thorough its underground parking lot, you also would not know where you are. However, I found out pretty fast where they had brought me by listening to the talk of the other people in that reception area. I was in a mental institution in the Munich district of Haar! I was outraged, because the German still active Nazis knew exactly that there was nothing mentally wrong with me. I was just fine in Danmark, had a home, had a job. If I really would have been crazy then from the kidnapping from Danmark by German authorities and their abuse since then.
I asked the psychs and the nurses of the closed ward to permit me to call an attorney. I told them that I am denied to talk to an attorney since several days, since I was arrested. I informed them how I was abused and how my rights were denied by the German authorities. They gave a damn. I was not allowed to call any attorney and esp. not permitted to talk to any Scientologist.
The Haar psychs tried to put me to work, folding x-mas papers to bags. I was so insulted. There I was: A bright adult and they tried to humiliate me to a level of a pre-schooler. I refused the work and continued to read and write. I also became very much so the target of hostile patients, but no psych or nurse was around when I needed help me. I tell you a bit later what kind of people are in those mental health institutions. If you think they are mainly people that are crazy, you are in for a surprise. The hospital was filthy, and it was difficult to find any sleep at night. Many of the women had criminal cases pending against them and they calculated that being in a mental hospital instead of a prison would be easier. They were under observation if they are crazy or not. They deliberately acted nuts to make the psychs to write to the courts that they are too mentally sick to be incarcerated. That is one reason why they kept others, including me awake at night, playing the act of crazy people. As soon as they felt nobody was paying attention, they were just as normal as the people outside. But they sure fooled the psychs and the courts.
I was at least three weeks in there, when a judge with name Schaefer came to see me. I was not handicapt or bedridden, I could have appeared in a court for a formal hearing, but he sneaked in the mental health institution so that nobody will see how normal Barbara Schwarz is and that she never should have been committed. Judge Schaefer had the typical perverted grin on his face as the average Bavarian childmolester. I complained to him about I was kidnapped from Danmark, how I was abused and mishandled, that the Lubeck judge did not grant me support of any attorney and that so many weeks passed and I still was not allowed to talk to any attorney. Judge Schaefer did not say a word, just continued to grin dirty. One again I had a official hearing before a judge and no attorney was allowed to represent me. He left and issued an order that I need a guardian, because I woman that complains about German abuses and claims that Germans are still Nazis, can't be allowed to be her own legal person. That could bring the lovely Germans one day in troubles.
The order that he issued said that I need a guardian, that I can't refuse medication or treatment administered to me, that I am not allowed to leave the country and that I am not capable to care for my own financial affairs.
It was no news for me that psychiatrists use medication and treatment to ruin people and their health and this is what they planned and later did to me. I knew they did not want me to leave the country , because they framed Marty Rathbun (Mark de Rothschild) under my name and tried to prevent my testimony for him by all means, but what was surprising to me was that they declared me incapable handling my own finances, because I had none! I was poor. I was for many years staff in Scientology orgs, we did not earn much. We were on staff because we saw it like a brotherhood instead of a company. I got more suspicious. I thought that the Germans know more about my finances than I do. They must know that somewhere money is waiting for me and they want to have it.
I never saw the "expertise" that the Haar psychs wrote about me. They never cared to hand me a copy and I also know why: It must be full of lies about me. As they denied such fundamental rights as the representation of an attorney to me, I did not bother to even talk to them and open up to them. Psychiatrists are cracks anyway. Would you kiss the feets of a director of a concentration camp who denied your rights so outrageously? Not me. I told the Haar psychs and their helpers to take a hike and leave me alone.
I was at least three weeks in Haar when I was transferred to the mental health hospital of the University of Munich. I was not told why. If you think it got saner now, you are wrong. The real butchery started in this place. Read about it in installment 10 of this series. Be warned, if you have a weak heart, better don't read it! That mine is still beating is pure accidential.
Barbara Schwarz, December 2, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 10: Barbara Schwarz reveals more shocking news!
Date: 2 Dec 2002 10:05:30 -0800
Message-ID: <a6bc00a0.0212021005.20cc8b2d@posting.google.com>
I told the psychiatrists of the mental health hospital of the University of Munich the same true story of denials of my rights and abuse since the German authorities kidnapped me with help of the Danish police from Copenhagen. And guess what? They found nothing wrong with that either. Somebody as I, that claims that the Germans are still bad to the bone, must be locked up in the closed ward of a mental health institution and on top of it must be declared incapacitated and needs a guardian. Just like everybody before, the Uni of Munich psychiatrists ("psychs") denied me any contact with an attorney or any Scientologist. It was the official "deprogramming" (depersonalization) attempt by the German government to get Scientology out of me.
They locked me in a bedroom with 12 (!) other women. It was such a torture. Many of the women were criminal and hostile. I was completely sleep deprived, because the women snored like the pigs. They were heavily drugged and slept so knocked out that if a fire would have broken out, they would have not even felt it, would have suffocated or burned to death without knowing what hit them. But they also played tricks on the psychs. They exchanged their drugs amongst each other. Somebody diagnosed with split-personality disorder swallowed the pills against cleptomania and somebody who got drugs against hallucinations gulped down the medicine of the girl next to her that got something against depressions and diarrhoe and so on. The psychs did not heal anybody. Most women were not insane. They were in there to avoid criminal prosecution, or they just found it "Chic" and "in" being diagnosed with a mental illness, so that they have something to brag about and being more interesting to their friends. If you would have taken those women and would have given them a purpose in life, something worthwile to fight for, they would have transformed miraculously in non-depressed well adjusted people of the any good society.
However, I saw also how psychs messed up people. There was a young woman who just had a baby and felt somehow depressed. The psychs electro-shocked her! Needless to say, she got a lot worse. What she would have needed was some attention of her husband (I never saw him show up!) and help and pep-talk from her family and friends. That would have cured her. After the e-shocks she got incoherent.
The most shocking case I noticed however, was a woman that had her bed right next to mine. She was a German woman in her 40's and she was very conservative. She was dressed in expensive clothing and buttoned up till under her chin. I heard her talk a lot, she was not a bit crazy, just felt a bit sad. She apparently was bored with her life and in order to be occupied with something , she decided to get diagnosed with something like a depression. One day, the psychs came to get her. She was gone a couple of hours and when they returned her, she was unable to walk anymore. Instead of being buttoned up and conservative, she wanted to be naked. She did not talk anymore like an adult but like a little kid. Please don't make me write down her what pervert sexual acts she conducted by being next to me in her bed. It was the creepiest transformation of a pretty normal human being into a destroyed one in just a couple of hours that I had seen before!
There were also others, e.g. a woman that came in fully dressed and with normal behavior and after mental treatment she run around naked and the psychs loughed about that.
Despite I got so little sleep in that big bedroom with the other 12 women, I was also glad that they had no small rooms, because who wants to be visited by a perverted psychs at night? And yes, they also sexually harassed me.
As they denied my basic rights, I did not talk to them. They were angry about it that I did not volunteer information. They knew they got the President of the Church of Scientology Germany and they were determined to make me to an enemy of Scientology. They tried to make me afraid. They wanted me to crawl on the floor (preferable naked) and beg them to be nice to me, just as their fathers did it with the Jews in the concentration camps.
I sat there reading when psych Kapfhammer barged in with a catholic nun (and what a beast that nurse was!) and numerous other nurses and assistants. Out of the blue they grabbed me, pulled down my slacks and injected me against my will with a drug. It felt like gang rape. And what a terrible drug it was. I am sure I was their guinea pig. They did not tell me the name of the drug, but the first time in my life I experienced what panic is. That drug caused fear! I thought if the Germans used that on their enemies, or sell it secretly to another country that is at war, the soldiers of the opposition will all run like the rabbits and desert. I thought if they spray that drug over for example a filled football field, people will go in panic and stomp each other to death.
They did not injected that drug often, because I could not eat anything anymore and I would have staved on this drug. They were afraid to kill me so obviciously. Even in greatest fear, I never would have worked with or for them. They were monsters and I have a lot of pride. I do not work with Nazis and psychs. But I am sure they also work on a drug to kill pride in people.
Every Friday, at exactly 3pm they came and injected me deliberately painfully with something right in my kidneys and they never told me what it. That drug however did not go to my head. I did not feel anything, except in my kidneys. It could have been pure rat poison. My soft kidneys got hard as bones and still are. I have lower backpain ever since. I lost also lots of my physical strenght in that hospital. I felt over and over medically raped by those Nazis.
The hospital was filthy and when I went to the bathroom another one of those women crawled in my bed, but don't think that they gave me fresh sheets. When strangers comes in your house and crawl in your bed, you at least change the sheets, right? In a mental institution they declare you insane if you state that you don't want have strangers crawl under your sheets.
Psych Kapfhammer drew my blood against my will. You will not believe where he did it. He did it while above him worked a handiman scratching down the painting of the ceiling and the dirt rained down on us. No sense for hygiene at all. It was so outrageous.
The longer the women were in the mental "health" hospital, the more they deteriorated. They all (except me) started to wear headgears in the room, which is completely unusual for German women. They flooded their beds with stuffed animals. You would have thought that grown women would pass their time reading books or newspapers, but as longer they were in there as more they played with dolls.
There was also something wrong with the food, that they gave me. I could not hold it down. Rosemarie Bretschneider noticed that and she complained about the food to the psychs and the nurses, but they did not care. It does also not mean that Rosemarie got saner. She just noticed that my complaints about the food were real, so she brought me food from the outside. It was as if somebody had mixed some tablespoons arsenic to my food.
Two psychs one with name Nedopil and another that never showed up after he heard I kick psychs out, wrote an "expertise" about me that was full of lies and solely based on 2nd hand information. They relatiated against me because I refused to become an enemy of Scientology, L. Ron Hubbard, or Marty R. Rathbun (de Rothschild).
Read in part 11 who visited me in that hell hole, who the traitors were, who tried to help me and what kind of people lined up to become my guardian.
Barbara Schwarz, December 2, 2002
From: BarbaraSchwarz2222@hotmail.com (BarbaraSchwarz)
Subject: Part 11: Barbara Schwarz reveals more shocking news!
Date: 2 Dec 2002 10:53:38 -0800
Message-ID: <a6bc00a0.0212021053.7fb67681@posting.google.com>
I was held in the mental health hospital of the University of Munich, several weeks has passed, several written orders were issued by judges that I am incapacitated and I still was not allowed to talk to any attorney or a Scientologist.
However, one day, attorney Willhelm Bluemel came by. He told me he would represent me and he has researched the abduction from Danmark and the abuse since then. I told him that I don't want him to represent me, because he has no true and good intentions towards him. Needless to say that Bluemel left upset and started a rumour on his own that I would be insane. It is not difficult to say if somebody has withholds and is lying to you. It's written all over the faces of such people. They can't look you in the eyes, the color of their faces change often, they sweat, they are nervous, they have a bad conscience, they make contradictory remarks. I knew that Bluemel had information on the case that was filed behind my back and without my consent against Mark C. Rathbun (de Rothschild). I felt clearly that Bluemel fed very much so in the interest of the corrupt German government with wrongful information about me so that I can't testify for Marty. It's called obstruction of justice. Of course I was in the need of a good attorney, esp. after the Germans treated me like a rightless slave and Jew, but I thought if I accept Bluemel as my attorney, Marty might have to think that the wrong information that Bluemel submitted to him could be true.
It was anyhow too late. I would have needed an attorney back in Lubeck during the first Nazi-hearing in that series. Everybody knows, once you lost the first instance, there is a long wait till you get another chance to represent your case during appeal hearings.
Scientologists were still denied to visit me, but Anti-Scientologists came by, those people that criminally infiltrated the Scientology orgs and never were Scientologists and claimed later how bad Scientology is. They came in cheerful with lots of flowers. I kicked them out, because the last I wanted to hear from anybody is what a bad man L. Ron Hubbard is and how lucky I am that the German government took care of me and how great psychiatric treatment is. For the records, folks, L. Ron Hubbard was not only 100 percent right about psychiatrists, he was 1000 percent right. Psychs held me for approximately eight months incarcerated in their inhumane facilities. I saw with my very own eyes what insane lawless monsters they are.
Christian people came by, trying to make me join their religion, telling me that Jesus loves everyone. Jesus does not love Nazis and inhumane psychs people. Psychs and Nazis would declare Jesus insane. Jesus would be locked up in a mental health ward and compulsory medicated, which is just another form of cruzifiction.
A policeman in civil came by telling me he would investigate any wrongdoing since my "etradition" from Copenhagen. However, he was not interested to investigate anything. He just was curious about me and wanted to have a look at me as so many other people. He never mailed me a copy of this report as to his investigation. I am sure he just covered everything criminal that was committed against me right up.
Outside, people lined up to be my guardian. Rosemarie Bretschneider wanted the job badly. She told me she had contacted the East German government, the communists, and that they are willing to take me as their citizen, which would mean that I can't have any contact to Scientology behind the iron curtain. People, just think about that, if I really would have been crazy, how come the East German government wanted to have me? Don't you think they have enough own insane people?
One who wanted to be my guardian was Ingo Heinemann from the Stuttgart ABI and from a Scientology persecution organization. I believe the name of this organization was "Aktion fuer geistige and psychische Freiheit", in city Bonn. This guy had quite some nerve applying for the job. He bombarded Scientology and me personally the years before with one unqualified penal complaint after the other. All those penal complaints were just filed to harass and dismissed later. I also bet that Heinemann is one who supported the the German Nazi case to frame Marty Rathbun (de Rothschild) and Scientology, that was filed behind without my consent and knowledge in 1984.
The race was won by a young Munich attorney with last name Bistritzki. He told me that he is my guardian now, but that he thinks that the courts can't uphold declaring me incapacitated. My own guardian was telling me that he thinks I am just fine and can care for my own affairs, but he did nothing to file any actions to the court to declare that I don't need a guardian. He just enjoyed being my guardian and stayed it, till I many months later was able to squash the decree. He was so sure that I don't need a guardian that he never gave me any advice and he never came back to the mental ward. I never saw him again.
Rosemarie Bretschneider came by almost any day. One day she showed up with a German hypnotizer named Scharl. He was surprised when he saw me, because Rosemarie Bretschneider had described me to him being sort of unconscious. What he found was an altert woman that was angry that her rights were conspiratively denied in Germany. Rosemarie Bretschneider wanted him to hypnotize me right there, right now. I told them to get the hell away from me. After they left, psych Kapfhammer came by and asked me who that man was. I was not talking to Kapfhammer usually, but this time I enjoyed telling him that Scharl is a hypnotizer, his competition. Kapfhammer did not like his competition at all, because he considered it as his right to mess me up and not of that of another psych.
It was also Kapfhammer who told me that he thinks that Rosemarie Bretschneider should be institutionalized, but as he is a criminal psych, he kept me locked up and let Ms. Bretschneider go. She often layed herself almost on top of me and forced my hands together to Lutheran prayers to get the "Scientology-devil" out of me. She is creepy. In times before, when I lived at her home, she used to nail crosses and bible citations on the walls of my room, as this one: "Nobody steals her out of my hand!" I suspected her often that she thinks she is God and that was her hand, that she meant. I took the crosses and the citiations down, because who wants to live in a cell of a crazed monk that junped out of the novel "The name of the Rose"? She nailed everything right back on my walls.
In sequel 12 you will read who of the Scientologists tried to help me, who were the traitors and how I managed to get out of the institution. You will read that I was legally incapacitated, still had a guardian, but was permitted to fight my cases in court as pro se and won all of them surprisingly!
Barbara Schwarz, December 2, 2002