15 February 1999. Thanks to DS.

See related Carl Johnson files: http://jya.com/cejfiles.htm

    The subpoena itself was on a standard "subpoena" form,
    [see subpoena example http://jya.com/cej-wwa-jg.htm]
    specifying thus:

    United States District Count, Western District of Washington

    David E. Smith
    XXXXXXXXX
    Cape Girardeau, MO

    Subpoena for:
    [X] Person    [X] Document(s) or Objects)

    Place: United States Courthouse
    5th and Madison
    Seattle, WA 98104

    Room 311
    February 4, 1999
    9:00 A.M.

    (snip form-letter stuff)

    Please provide any and all documents, letters, correspondence, or e-mails
    involving discussions related to CARL JOHNSON, TOTO, TRUTHMONGER, BIANCA,
    CYPHERPUNKS, or TOT TOO. Also please provide any and all anonymously sent
    or received correspondence or e-mails and PGP encryption public or secret
    keys.

    (snip...)

    Jan 15, 1999
    1998R00917
    GJ 98-2
    S/N #20445

    (... and so on.)

    January 28, 1999

    Affidavit

    I, David E. Smith, state that:

    I reside at [street address elided].  I am familiar
    with Carl Edward Johnson, who also uses the names C.J.
    Parker, Toto, Truthmonger, and Son of Gomez.  I first
    became aware of him two or three years ago through the
    Cypherpunks List.  Although I was aware of him from the
    Cypherpunks list, prior to June 1998 I had not met or
    spoken with Johnson.  I also do not recall exchanging
    e-mail messages with him, although there may have been
    one or two random e-mails regarding items posted to the
    Cypherpunks list.

    My Bureau 42 web site hosted some of Johnson's writings.
    I had seen the writings posted on the Cypherpunks list,
    and someone had stated that the writings were too
    "dangerous" to be hosted on the Internet.  The writings
    did not seem that way to me, so I hosted them on my site.
    I copied the writings from the Cypherpunks list, without
    contacting Johnson directly.  This took place at least
    two years ago.

    On a Sunday afternoon in early June 1998, I received an
    e-mail from someone in California, who said that C.J.
    Parker was passing through my area and wanted to pay me
    a visit.  The person from California left his e-mail
    address and phone number.  I replied to that by e-mail
    with a toll free number for a voice mail service.
    Johnson left a message for me saying that he was at a
    pay phone in Cape Girardeau, and he left me the number
    of the pay phone.  I called the pay phone.  Johnson
    answered, identifying himself as CJ and saying that
    "you might know me at Toto".  He told me that he had
    been waiting there for a couple of hours hoping that I
    would get in touch with him.  Prior to this I had not
    had any contact with Johnson and was unaware that he
    was coming to Cape Girardeau, and I was surprised when
    he suddenly showed up.  I gave Johnson directions to my
    apartment and he came over, arriving around 12:30 in
    the morning.  Johnson stayed for approximately four
    hours.  This was the only time I ever met with Johnson.

    Johnson gave me an old computer that he had in the back
    of his truck.  The computer had sun workstation
    emulator card, and Johnson may have thought it would be
    fun for me to play with the computer.  I gave this
    computer to Treasury Department Special Agent Loren
    Common who interviewed me on January 22, 1999.  I do
    not recall Johnson saying anything about the computer
    having information on it that he wanted me to store.
    It was not my impression that I was storing the
    computer for Johnson, I thought it was a gift.  I did
    not believe that it had anything useful, dangerous, or
    incriminating on it.  I tinkered with the computer a
    little within a few days of receiving it.  I probably
    looked at what was on the hard drive.  I do not recall
    deleting anything from the hard drive, but I may have.
    I do not believe that I added anything to the hard
    drive.

    The computer did not seem as interesting as Johnson had
    indicated it would be, and it has just been sitting
    unused in my apartment for the last six months.  I
    became aware that Johnson had been arrested, but after
    his arrest I did not do anything with the computer.  I
    figured that eventually the Government would come
    looking for the computer and I had better not mess with
    it.  If there is anything incriminating or threatening
    on the computer, it would have been written by Johnson
    and not me.  I do not believe that Johnson gave me any
    computer disks or paperwork.  To the best of my
    knowledge the only thing Johnson gave me was the
    computer, a monitor, and some related computer manuals.
    The computer should be pretty much in the same state as
    when Johnson left it.

    Johnson said he was on his way from Saskatchewan to
    Arizona, for a relative's funeral.  His visit was
    apparently a social call, and he did not explain why he
    was in Missouri any further.  Johnson was driving an
    older Mazda pickup truck and had a dog with him.  There
    was a lot of stuff in the truck, but I did not see any
    other computers.  Johnson did not say where he was
    staying, other than that he was going to "hit the road
    again".  Johnson did not say why he left Canada and
    never mentioned anything about bombs or bomb threats.
    He did not mention any secret tapes or files, Texas,
    problems with the RCMP, or Declan McCullagh.

    The subject of Jim Bell may have come up in conversation,
    but I do not specifically recall anything Johnson said.
    Johnson did not discuss Assassination "Bots" or Dead Lucky.

    I do not recall ever having any PGP public or private
    keys relating to Johnson, the Circle of Eunuchs, or
    Bianca.  The only PGP secret key that I have is mine.
    I do not recall sending an encrypted message to Bianca.
    I may have but I do not recall it.  I have heard the
    name Bianca, but I do not know who he/she is.  Johnson
    never asked me to be a member of the Circle of Eunuchs.

    I probably have sent anonymous messages to the Cypherpunks
    list, but I do not specifically recall doing so.  If I had
    sent anonymous messages to the Cypherpunks list, it would
    only have been a few.  I do use anonymous remailers, most
    recently a few days ago. This was sent directly to another
    individual (through the remailer) and not to the
    Cypherpunks list.  I do not recall sending any anonymous
    messages to the Cypherpunks list.  I have not sent any PGP
    keys to the Cypherpunks list.  I am not the person who has
    posted PGP keys relating to Johnson on the Cypherpunks list,
    and I do not know who made those posts.  I did not provide
    Johnson's PGP keys to anyone else, and I do not believe I
    ever even had them.

    I have received two or three letters from Johnson while
    he was incarcerated in Springfield.  They were friendly
    social letters and he did not ask me to do anything,
    such as retrieve files.  He did ask me to track down
    some medical information for him, and I posted this
    request to the Cypherpunks list.  He also asked me to
    get him a RSA sweatshirt, and I believe it was Adam
    Back who sent me a sweatshirt for him.  I exchanged
    several e-mails with Back to arrange for the
    sweatshirt, but I do not recall discussing any other
    aspects of Johnson's situation with Back.  I did not
    discuss PGP keys or the Circle of Eunuchs with Back.
    It is possible that I posted some of this information
    to the Cypherpunks list using an anonymous remailer.

    I do not have any stored copies of e-mail messages that
    I exchanged with Johnson.  In December of 1997 my
    computer hard drive broke, destroying any old messages
    I had, and I do not believe I exchanged any e-mail
    messages with Johnson since then.

    I associate the name Truthmonger with Toto because
    messages to the Cypherpunks list from both used the
    same Sympatico Internet server.  Many forged messages
    came through this server, including various dev.null
    addresses including bianca@dev.null. I have never used
    an e-mail address which included dev.null.

    By the time of my January 22, 1998 interview with
    Special Agents of the Treasury Department, I no longer
    had these letters.

    Should I find or come across any other items that
    Johnson gave me I will notify an agent of the Treasury
    Department.

    I have read the foregoing statement consisting of _3_
    pages, each of which I have signed.  I fully understand
    this statement and it is true, accurate, and complete
    to the best of my knowledge and belief.  I made the
    corrections shown and placed my initials opposite each.
    I made this statement freely and voluntarily without
    any threats or rewards, or promises of reward having
    been made to me in return for it.

              ______________________________
         Signature of affiant

    Subscribed and sworn to before me this _______

    day of  ____________________, 19_________,

    at ___________________________________

    ________________________________________