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Barbara Schwarz

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Barbara Schwarz, née Bretschneider, is a German citizen living in Salt Lake City, Utah. She is known for filing a large number of requests under the United States Freedom of Information Act, for filing a large number of lawsuits, and for posting a large number of articles to Usenet newsgroups.

Contents

Biography

Schwarz was the president of the German branch of the Church of Scientology for 11 months, from August 3, 1983 until July 10, 1984. [1] She considers herself a Scientologist [2] although she is no longer active in the Church of Scientology (she says that she was "kicked out" in 1984 [3]), and has filed at least seven lawsuits against it. [4]

Freedom of Information Act requests

In 2003, The United States Department of Justice said that Schwarz was unrivaled in the most requests filed by a single individual under the Freedom of Information Act (FOIA). The Department reported that she had submitted thousands of FOIA requests to the United States government and its agencies.[1]Mike Beard, spokesman for the Oregon Department of Administrative Services, estimated that Schwarz had cost taxpayers thousands of dollars in staff time.[2] The United States Department of Defense issued a ruling barring her from filing any further FOIA requests until she pays for her prior requests. (She often claims indigency to get fee waivers.) Daniel J. Metcalfe, co-director of the United States Department of Justice's Office of Information and Privacy said, "Ms. Schwarz is all alone in a category unto herself."[2]

Many of these FOIA requests attempt to substantiate her claims that she is the granddaughter of President Dwight D. Eisenhower and the daughter of Church of Scientology founder L. Ron Hubbard, that she lived in a secret submarine base under the Great Salt Lake until age four, that she was kidnapped as a child by Nazis and taken to Germany, and that her alleged husband Mark "Marty" Rathbun, who she alleges is the secret heir to the Rothschild fortune was wrongfully arrested in Madrid, Spain in 1988 and taken to the United States, where she believes he is secretly being held. (Mark Rathbun was a high official with the Church of Scientology's Religious Technology Center for many years until September, 2005.) Linda Simmons Hight, the director of media relations for the Church, stated, "We're clueless about this person and obviously she is delusional about Mr. Rathbun and she needs help. We're sorry for her." [1]

William Ferroggiaro, director of the Freedom of Information Project of the National Security Archive at George Washington University and president of the American Society of Access Professionals, said about her, "Who's to say that one person's request has more validity than anyone else's? It's value neutral. In a way, she is using the law as it is intended even if her efforts cannot be characterized as anything but bizarre."[1]

Litigation history

Schwarz's thousands of FOIA requests have not proved fruitful in finding the evidence she has been seeking. She has appealed, internally with the various agencies, numerous times to keep looking for secret documents and she has been informed numerous times that due diligence has not revealed any documents related to her search. After exhausting all her internal appeals with the various agencies, she has resorted to filing suits against each of them.

She has filed over 80 lawsuits in federal court, Utah state courts, and California state courts against a variety of public and private agencies. She has filed suits against the FBI, the CIA, the NSA, the IRS, the President of the United States Bill Clinton, the National Institute of Corrections, the U.S. Parole Commission, the National Archives and Records Administration, the California Department of Corrections, and the Salt Lake Tribune, who reported on her FOIA requests and lawsuits.

The United States Supreme Court stated in SCHWARZ v. NSA (March 8, 1999), "Schwarz has repeatedly abused this Court’s certiorari process. ...Schwarz had filed 29 petitions for certiorari, all of which were both patently frivolous and had been denied without recorded dissent. The instant petitions for certiorari thus constitute Schwarz’s 34th and 35th frivolous filings with this Court." [5] The court also issued a ruling in this case which permanently bars Schwarz from utilizing the certiorari process of the United States Supreme Court in civil matters.

Schwarz says that the reason she sued the Church of Scientology was to find out the whereabouts of Rathbun.[6]

In every instance where Schwarz has filed a case, the ruling at the end has been a dismissal of her lawsuit. Not once has she proven the merits of her case to a court of law.

Usenet history

Schwarz posts regularly to the Usenet newsgroup alt.religion.scientology. Her posts are sometimes in defense of the Church of Scientology, but other times she insists that while the Church's "technology" (Hubbard's teachings) is effective, the current hierarchy of the church is corrupt, due to "infiltration" by non-Scientologists. [7] Other posts have recounted her travels during the 1980s and how she was arrested on various occasions, including for illegally entering the White House, and twice confined to a mental health hospital in the U.S. and once in Germany. [8] [9] [10] [11] According to Schwarz, these events were the result of a conspiracy by a group called the "Still Existing German Nazi Psychiatrists' Mindcontroller Secret Service" (SEGNPMSS)." [12]

Schwarz frequently posted to Usenet from the Salt Lake City Public Library. On October 21, 2005, Salt Lake City Library Director Nancy Tessman permanently suspended her access to the library's computers due to her spamming of Usenet. [13]

Legal actions, court decisions, and FOIA appeals

Schwarz v. United States National Security Agency ET AL. 98-7771
Schwarz v. Executive Office of the President of the United States ET AL. 98-7782
  • Schwarz v. Federal Bureau of Investigation No. 00-2758 (Case summary and appeal dismissal), 70 defendants.
  • Schwarz v. Federal Bureau of Investigation No. 98-4036, 3087 defendants.
  • Schwarz v. Central Intelligence Agency No. 99-4016
  • Schwarz v. Department of Agriculture This was later re-filed as over 90 separate cases. (In Barbara's own words.)
  • Schwarz v. Department of Energy No. 99-3234, 807 defendants.
  • Schwarz v. Department of Energy Request filed 09/19/2002
  • Schwarz v. Department of Energy No. VFA-0700 (Decision and Order)
  • Schwarz v. Department of Energy No. VFA-0701 (Decision and Order)
  • Schwarz v. Department of Justice No. 95-2162; UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, May 31, 1996
  • Schwarz v. Department of State No. 97-1342
  • Schwarz v. Department of the Treasury No. 98-2406; UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, November 30, 2000
  • Schwarz v. Government Accounting Office No. 00-369 (In Barbara's own words.)
  • Schwarz v. INTERPOL, ET AL; No. 94-4111, 94-4142, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 28, 1995
  • Schwarz v. National Archives & Records Administration 98-6820, SUPREME COURT OF THE UNITED STATES, December 14, 1998
  • Schwarz v. National Credit Union Administration Appeal of request on October 15, 1999.
  • Schwarz v. National Credit Union Administration Appeal of request on February 14, 2000.
  • Schwarz v. National Institute of Corrections (NIC) and Bureau of Prisons (BOP)
  • Schwarz v. Patent & Trademark Office No. 95-5349
  • Schwarz v. Postal Rate Commission
  • Schwarz v. Postal Rate Commission
  • Schwarz v. Salt Lake Tribune, Media Newsgroup, ET AL Case No. 20030981-CA , COURT OF APPEALS OF UTAH , May 5, 2005
  • Schwarz v. United States Navy
  • Schwarz v. Duncan Case No. 990945-CA , COURT OF APPEALS OF UTAH, June 15, 2000
  • Schwarz v. Church of Scientology International and Utah State Department of Corrections; Nos. 93-4082, 93-4092. UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT November 2, 1993
  • Barbara Schwarz v. FBI, Civil Action No. 00-2758(JDB) MEMORANDUM OPINION Filed SEP 24 2002
  • Schwarz v. Woodruff, Inc., No. 97-4004, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 15, 1997
  • Schwarz v. Church of Scientology Int'l, No. 94-4072, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 28, 1995
  • Schwarz v. Salt Lake Tribune, Case No. 20041124-CA , COURT OF APPEALS OF UTAH , 2005 UT App 189
  • Schwarz v. IRS, 5:98-CV-286 (FJS)(GLS), UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK, 998 F. Supp. 201; 1998
  • Schwarz v. California Dep't of Corrections, No. C-92-4119 EFL, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, June 10, 1993
  • Schwarz v. NSA, 98-7771, SUPREME COURT OF THE UNITED STATES, April 26, 1999
  • Schwarz v. Executive Office of the President, 98-7782, SUPREME COURT OF THE UNITED STATES, April 26, 1999
  • Schwarz v. FBI, 98-8150, SUPREME COURT OF THE UNITED STATES, 526 U.S. 1037; 1999, March 29, 1999
  • Schwarz v. FBI, 98-6817, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1053; 119 S. Ct. 616; 142 L. Ed. 2d 556; December 14, 1998
  • Schwarz v. National Inst. of Corrections, 98-6818, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1053; December 14, 1998
  • Schwarz v. United States Parole Comm'n, 98-6819, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1053; December 14, 1998
  • Schwarz v. Department of State, 98-6316, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1025; November 30, 1998
  • Schwarz v. Federal Bureau of Prisons, 98-6317, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1025; November 30, 1998, Decided
  • Schwarz v. Executive Office of the President, 98-6318, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1025; November 30, 1998
  • Schwarz v. IRS, 98-6623, SUPREME COURT OF THE UNITED STATES, 525 U.S. 1031; November 30, 1998
  • Schwarz v. Woodruff, Inc., 97-7652, SUPREME COURT OF THE UNITED STATES, 523 U.S. 1029; March 23, 1998
  • Schwarz v. Woodruff, Inc., 96-9371, SUPREME COURT OF THE UNITED STATES, 522 U.S. 845; October 6, 1997
  • Schwarz v. Clinton, 96-9254, SUPREME COURT OF THE UNITED STATES, 522 U.S. 837; October 6, 1997
  • Schwarz v. Spalding, 96-8905, SUPREME COURT OF THE UNITED STATES, 522 U.S. 826; October 6, 1997, Decided
  • Schwarz v. Clinton, 97-5456, SUPREME COURT OF THE UNITED STATES, 522 U.S. 895; October 6, 1997
  • Schwarz v. MSPB, 96-9094, SUPREME COURT OF THE UNITED STATES, 521 U.S. 1126; June 27, 1997
  • SCHWARZ v. DEPT. OF JUSTICE, 96-8150, SUPREME COURT OF THE UNITED STATES, 520 U.S. 1216; May 12, 1997
  • Schwarz v. Brown, 96-7944, SUPREME COURT OF THE UNITED STATES, 520 U.S. 1189; April 21, 1997
  • Schwarz v. Commission on Civil Rights, 96-7943, SUPREME COURT OF THE UNITED STATES, 520 U.S. 1175; April 14, 1997
  • SCHWARZ v. WOODRUFF, INC., 96-7945, SUPREME COURT OF THE UNITED STATES, 520 U.S. 1175; April 14, 1997
  • SCHWARZ v. WOODRUFF, INC., 96-7946, SUPREME COURT OF THE UNITED STATES, 520 U.S. 1175; April 14, 1997
  • Schwarz v. Office of Gov't Ethics, 96-7932, SUPREME COURT OF THE UNITED STATES, 520 U.S. 1175; April 14, 1997
  • Schwarz v. Clinton, 96-7343, SUPREME COURT OF THE UNITED STATES, 519 U.S. 1135; February 18, 1997
  • Schwarz v. United States Fid. & Guar. Co., 95-8532, SUPREME COURT OF THE UNITED STATES, 517 U.S. 1226;May 28, 1996
  • Schwarz v. United States HHS, No. 02-5327 , UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT , 2003 U.S. App., May 7, 2003
  • Schwarz v. FBI, No. 02-5321 , UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT , 2003; April 10, 2003
  • Schwarz v. United States HHS, No. 02-5327 , UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 25, 2003
  • Schwarz v. FBI, No. 02-5321 , UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 28, 2003
  • Schwarz v. United States GAO, No. 01-5445, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 29, 2002
  • Schwarz v. DOE, No. 01-5413, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 2002; March 25, 2002
  • Schwarz v. Dep't of Agric., No. 01-5276 Consolidated with 01-5328, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 22 Fed. Appx.9; 2001
  • Schwarz v. United States Dep't of the Treasury, No. 00-5453, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 2001 May 10, 2001
  • Schwarz v. CIA, No. 99-4016, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, 182 F.3d 933; 1999, May 25, 1999
  • Schwarz v. FBI, No. 98-2347, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, November 5, 1998
  • Schwarz v. NSA, No. 98-5364, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, November 12, 1998
  • Schwarz v. National Archives & Records Admin. ., No. 98-4070, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, 1998 Colo. J. C.A.R. 5231, October 7, 1998
  • Schwarz v. National Inst. of Corrections, No. 98-1230, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, 1998 Colo. J.C.A.R. 5236, October 6, 1998
  • Schwarz v. Nat'l Inst. of Corr., No. 98-1230 , UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT , 161 F.3d 18; October 6, 1998
  • Schwarz v. FBI, No. 98-4036 , UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT , 161 F.3d 18; September 17, 1998
  • Schwarz v. Department of State, No. 98-5101, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 1998 U.S. App., July 29, 1998
  • Schwarz v. Department of State, Office of Freedom of Info., Privacy & Classification Review, No. 98-5101, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 335 U.S. App. D.C. 320; July 29, 1998
  • Schwarz v. United States Parole Comm'n, No. 98-1685, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, July 2, 1998
  • Schwarz v. United States Parole Comm'n, No. 98-1685, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 153 F.3d 722; July 2, 1998
  • Schwarz v. Clinton, No. 96-5328, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 1997, May 22, 1997
  • Schwarz v. Clinton, No. 96-5328, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 325 U.S. App. D.C. 321; Certiorari Denied October 6, 1997
  • Schwarz v. Woodruff, Inc., No. 97-4004, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, 111 F.3d 140; Certiorari Denied October 6, 1997,
  • Schwarz v. MSPB, 96-3383, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 18, 1997. Certiorari Denied June 27, 1997,
  • Schwarz v. Clinton, No. 96-5209, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, November 29, 1996; Certiorari Denied February 18, 1997
  • Schwarz v. United States Comm'n on Civil Rights, No. 96-5184, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, November 6, 1996
  • Schwarz v. DOJ, No. 95-5421, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 1996, October 23, 1996
  • Schwarz v. DOJ, Office of Info. & Privacy, No. 96-5183, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, October 23, 1996
  • Schwarz v. United States Office of Gov't Ethics, No. 96-5094, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, October 23, 1996
  • Schwarz v. Church of Scientology Int'l, No. 94-4072, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, 48 F.3d 1232; February 28, 1995
  • Schwarz v. United States Postal Serv., No. 94-4136, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, September 19, 1994
  • Schwarz v. Department of Commerce, No. 93-5203, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, December 16, 1993
  • Schwarz v. California Dep't of Corrections, No. 93-16321, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, October 13, 1993
  • Schwarz v. Department of Commerce, No. 93-5203, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, October 14, 1993
  • Schwarz v. United States Postal Serv., No. 93-4036, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, June 3, 1993
  • Schwarz v. Interpol, Office of Information & Privacy, No. 92-4108, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, October 19, 1992
  • Schwarz v. FBI, Civil Action No. 1:98-CV-47, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA; August 7, 1998
  • Schwarz v. California Dep't of Corrections, S038979, SUPREME COURT OF CALIFORNIA, 1994 Cal., May 11, 1994
  • Schwarz v. State of Utah Mental Health, Case No. 20030875-CA , COURT OF APPEALS OF UTAH, September 30, 2004
  • Dep't of Human Servs. v. Schwarz, Case No. 20030324-CA , COURT OF APPEALS OF UTAH , November 28, 2003
  • Dep't of Human Servs., Div. of Mental Health v. State Record Comm., Case No. 20010942-CA , COURT OF APPEALS OF UTAH , 2002 UT App 33; February 7, 2002
  • Schwarz v. Duncan, Case No. 990945-CA , COURT OF APPEALS OF UTAH , 2000 UT App 172; June 15, 2000

References

  1. ^ a b c Smith, Christopher, "S.L. Woman's Quest Strains Public Records System", The Salt Lake Tribune, 2003-05-11.
  2. ^ a b "Woman pursues Oregon public records - lots of them", AP, 2004-05-03.

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