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Gold/Mining/Energy : Gold Price Monitor
GDXJ 97.68+5.0%4:00 PM EST

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To: dave rose who wrote (79129)11/6/2001 5:47:25 AM
From: d:oug  Read Replies (1) of 116753
 
Howe lawsuit results with glass 1/2 empty & 1/2 full with...

... with possibilities of holes in glass bottom, and if so,
these holes may be large or small or just my fear/respect :o)

groups.yahoo.com

Subj: [GATA] Howe lawsuit survives hearing on dismissal motions
Date: 11/6/01 1:15:13 AM EST
From: LePatron@LeMetropoleCafe.com

Dear Friend of GATA and Gold:

The case of Howe vs. Bank for International Settlements et al.
... was roughed up [but] survived its first day of hearing
in federal court in Boston.

During 2 1/2 hours of oral argument,
U.S. District Judge Reginald C. Lindsay
dismissed two counts of the lawsuit
involving securities fraud charges against defendant J.P. Morgan/Chase,
and ruled [papers against the BIS] was insufficient.

... the two dismissed securities fraud counts were secondary
to the lawsuit's substance...

The judge took the remainder of the case back to his chambers
for drafting a written decision on the plaintiffs' motions to dismiss
the rest of the lawsuit.

That could take weeks or months.

... [plaintiff] Howe sat alone... table on the right sat his opponents,
nine lawyers representing the BIS, Goldman Sachs, Deutsche Bank,
J.P. Morgan/Chase, Citigroup, the U.S. Treasury Department,
the Federal Reserve Board, and the New York Federal Reserve Bank.

Behind them in the gallery were still a few more defendants' lawyers.

The defendants' lawyers seemed to be smirking over their having
had to come all this way just to confront a mere pro-se litigant,
but they seemed to be smirking less when it was over.

... [the] judge was exceptionally well-informed about both
the legal technicalities and the broader issues behind them.

While he sought to move the hearing along,
he also was pretty indulgent in letting Howe explain things.

The hearing wasn't really about whether the gold market
is manipulated. It was about whether there is any basis
in law for the suit. Thus it turns on legal issues and technicalities....

We still may lose the case on the technicalities in a few weeks
and should be prepared for that.

But two things:

* Enough of the cursed cynicism that the courts are as rigged
as the markets, that there is no fighting the power. We know
some things about market rigging but there is no evidence
that anything in court today was rigged. We got a day in court
if not quite yet OUR day in court. And for all its faults this remains
a country where one brave man pleading his own case can summon
the representatives of all the money in the world
and put the bastards in danger of having to answer for themselves.

* The lawsuit is an important front in our struggle for free markets
and honest dealing but it is not the only front, and, win or lose here,
our strategy and plan will be, in Churchill's words,
KBO: Keep buggering on.
Thanks to GATA Chairman Bill Murphy and Howe and those
who have come to their assistance, we have discovered that
the scheme against gold is only part of a bigger scheme
involving interest rates and currencies to deprive the financial
markets of any standards of value and to expropriate the world
for the benefit of certain Wall Street interests and to make
the world the slave of the U.S. dollar. This deeply shames
Americans who understand it. That is why they will continue
to oppose it as best they can regardless of what happens
in court. It is an anti-imperialist cause and thus a great cause.
And, as Churchill said, "When great causes are on the move
in the world, we find that we are spirits, not animals, and that
something is going on in space and time, and beyond space
and time, which, whether we like it or not, spells duty."

CHRIS POWELL, Secretary/Treasurer
Gold Anti-Trust Action Committee Inc.

All the best,
Bill Murphy
Le Patron
LeMetropoleCafe.com
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