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Technology Stocks : How high will Microsoft fly?
MSFT 456.91-0.5%3:59 PM EST

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To: Charles Tutt who wrote (60432)8/8/2001 1:03:48 AM
From: Daniel G. DeBusschere  Read Replies (1) of 74651
 
<<deprived of due process, because I'm not buying it.>>
Yes, I am telling you that MSFT was deprived of due process. The cornerstone of due process requires judicial oversight that is impartial and which follows established judicial canons of conduct. The Appeals Court documented that this was not the case and then implied that the Judge acted without prejudice in week 25 and then changed this position in week 26. But the judge granted interviews with reporters early in the trial that clearly showed his prejudice before he issued any findings of fact and law. He clearly violated basic canons of judicial conduct.
Microsoft is not challenging the case based on merit. They are challenging the case because the judge was not impartial and that is denial of due process by definition.
The media keeps reporting that MSFT is asking the Supreme Court to throw out the monopoly charges. This is not correct. What MSFT is asking for is a declaration of a mistrial which this is clearly the case. You do not throw out the charges with a mistrial. You start all over from the beginning with a new judge jury etc. hopefully one with some judicial integrity this time.
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