To: dave rose who wrote (79129 ) 11/6/2001 5:47:25 AM From: d:oug Read Replies (1) | Respond to 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