Subj: Reg Howe Responds to Alan Greenspan and Treasury Secretary O'Neill
Date: 5/31/0
From: LePatron@LeMetropoleCafe.com
"... can be read at his goldensextant.com web site."
Civil Action No.
00-CV-12485-RCL
Reginald H. Howe, Plaintiff
v.
Bank for International Settlements, et al.
Defendants.
PLAINTIFF'S QUALIFIED OPPOSITION.....
... MOTIONS TO DISMISS
Argument
I. THE O'NEILL MEMO TRIES TO OBSCURE
THE BASIC LEGAL AND CONSTITUTIONAL ISSUE,
WHICH IS WHETHER THE SECRETARY OF THE TREASURY
CAN USE THE ESF TO MANIPULATE GOLD PRICES.
With respect to...
... the plaintiff does not rest his claim
... simply on his use of the ESF "to deal in gold"
... under certain circumstances... may be permissible
... but on his use of the ESF... of manipulating gold prices.
Nor does the plaintiff assert...
... the Constitution does forbid...
Far from questioning "the power of Congress to regulate
the dollar value of gold" (O'Neill memo at 3), the plaintiff
affirms this power. He asserts:.....
... because of these actions by Congress, the President
and the Secretary of Treasury lack... authority to use.....
... for the purpose of manipulating, suppressing
or otherwise affecting dollar gold prices (CO 27-29).
The O'Neill memo does not address any of these points,
and its silence on the last point is particularly significant.
Neither Secretary O'Neill nor the DOJ appears willing
to argue publicly in unambiguous language
that former treasury secretary Summers had authority,
or at least a reasonable basis to believe that he had authority,
to use the ESF to manipulate the free market price of gold.
This argument, could it be convincingly made,
would undercut the plaintiff's damage claims
against Mr. Summers because executive branch officials
have a qualified immunity for actions taken in a reasonable
though mistaken belief that they are constitutional (CO 24).
Failure to make this argument, however, supports the plaintiff's
assertion that Mr. Summers knew or should have known
that he lacked authority to manipulate gold prices (CO 29-31).
BILL MURPHY
CHAIRMAN
GOLD ANTI-TRUST ACTION COMMITTEE
Le Metropole Cafe
All the best,
Bill Murphy
Le Patron
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