THE HANDSTAND

MAY 2003

 
..LAW AND MONEY ANOMALIES CONSIDERED.....
From lawyer to test case
Radical New York lawyer faces terrorism charges for providing legal representation to a terrorist
http://www.workingforchange.com/article.cfm?ItemID=14884
 

Lynne Pettifer Stewart, a New York human rights lawyer and National Lawyers Guild activist with a taste for radical politics, is accustomed to representing unpopular clients.


She never dreamed it would become illegal.


Stewart has been touring the country as part of a national campaign to drum up support not for a client, but for her own case. Among her clients is Sheik Abdel-Rahman, for whom she was appointed by a court as counsel after he was originally accused of inspiring the persons who bombed the first World Trade Center 1993. Now serving a life sentence for those bombings, Abdel-Rahman has continued to be represented by Stewart after his conviction.  

It's now been just over a year since her April 8, 2002 arrest, in which she was taken from her home without warning, federal agents combed through her office and seized files on all of her cases, and Attorney General John Ashcroft proudly announced -- at a D.C. press conference and in New York that evening, on Letterman -- that Stewart had been charged in a four-count criminal indictment with aiding and abetting a terrorist organization -- solely for her work in representing Abdel-Rahman.  

Stewart's case, now winding its way through pre-trial motions toward a scheduled January 2004 trial, stands as a critical test for the Bush Administration's newly reserved right to violate lawyer-client confidentiality in order to wage the War on Terror. It also has a significant First Amendment freedom of speech component. Stewart's indictment charges her with discussing Abdel-Rahman's case with a Reuters reporter -- even though no gag or other court order barred her from doing so; with talking while an interpreter was speaking with her client during a consultation in his prison cell, thereby preventing the Justice Department from clearly taping the Arabic talk; and that she allowed them to speak, in Arabic, about non-legal matters. If convicted, she faces 40 years in prison.  

The charges strike at the heart of the U.S. Constitution's Sixth Amendment guarantee that all persons accused of a crime are entitled to effective representation by an attorney. Courts have long held that attorney-client confidentiality is essential to that right; without the ability to speak freely about what they have and have not done, defendants are severely impaired from learning their legal status and options, and attorneys similarly impaired from mounting the best defense. But Stewart's case goes further -- casting a chilling effect that makes it far less likely that future attorneys will even be willing to represent clients like Abdel-Rahman. And since Stewart's indictment, Ashcroft has gone even further -- declaring non-citizens, and later US citizens as well, "enemy non-combatants" so as to hold them indefinitely without charges, denying access to any attorney at all.  

Whether or not the "enemy non-combatant" ruse is eventually ruled unconstitutional, Stewart's case risks setting a precedent that could literally destroy an accused terrorist's right to counsel -- while allowing the government to choose who qualifies as a "terrorist." It also sets the stage for potential future additions of other heinous, state-threatening crimes to the list of accused persons who don't deserve constitutional protection.  

Even before 9/11, several federal provisions allowed investigators to violate attorney-client privilege: if the state has reason to believe the attorney and client were complicit in criminal behavior; as a court-approved part of international espionage; or if a court bars incarcerated clients from communicating with the outside world, including their attorneys, about non- legal matters. But Ashcroft's provisions, announced and implemented without public notice or comment less than three weeks after 9/11, are far broader -- allowing the use of attorney-client conversations without a court order or supervision, or even the suspicion of criminal behavior by the attorney, if the client is accused of terrorism. The regulation allows surveillance "to the extent determined to be reasonably necessary for the purpose of deterring future acts of violence or terrorism." The DOJ alone does the determining.  

Among other things, such monitoring allows the government complete access to everything the defense knows and every strategy the defense plans. It raises the possibility that attorneys could be called to testify against their clients, or that attorneys could even be charged for withholding information on a crime from investigators. Attorneys' personal jeopardy creates an impossible conflict of interest with their professional duty to fully represent their clients. The government, at its leisure, can target lawyers - - ones like Stewart, with a long history of representing unpopular clients, or like the lead attorney in Stewart's defense, Michael Tigar, famed for saving Oklahoma City bomber Terry Nichols from execution. And Ashcroft's regulation, if upheld, sets a precedent state and local jurisdictions can and probably will rush to emulate.

 
Lynne Stewart is a guinea pig -- a chance for the Bush Administration to see how far it can push its evisceration of the Bill of Rights. The attack on attorney representation is only one of a staggering number of its post-9/11 assaults on the Constitution -- but it's one of the most important. Invariably the least sympathetic among us -- the accused terrorists, the radical lawyers -- are the first to lose basic rights.
 
Geov Parrish © workingforchange.com 04.23.03


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GOLD AND MR. GREENSPAN

To get a more complete perspective of the dollar's primary trend from a longer-term perspective,take a glance at the following weekly chart which spans a 10-year time frame. Note how the dollar broke sharply through its 40-week (ie 200-day moving average during the first half of 2002 and how it has since then broken through a two multi-year up-trend lines. Needless to say, the dollar has entered a secular bear market.

It looks as if the dollar could very easily decline another 15% to 20%, which would take it back to 1995 when the Clinton Administration with the help of the Fed orchestrated a phony strong dollar policy, which we are quite sure was orchestrated by manipulating the price of gold lower and of course by "talking up" the economy by babbling fictitious stories of the "productivity miracle." Mr. Greenspan, who was nearly run out of town in 1996 for speaking honestly about his views that the market at 6000 was "irrationally exuberant", quickly thereafter "got with the program" and became a key spokesperson for our official propaganda machine. What a contradiction to what our Founding Fathers had in mind!

Mr. Greenspan, may only be a puppet for the people who really run America (read "The Creature from Jekyll Island," by G. Edwin Griffin) but he certainly deserves much of the "credit" for the disaster that is starting to unfold in the American and global economies. Not only did Mr. Greenspan help the Politicians in Washington (from both parties) deceive the American public and global investors that things were better in America than they really were, but following his "conversion" to the propaganda campaign post 1996 he began to gun the money supply like no other Federal Reserve Chairman in history. So by assisting in the gold manipulation, by printing of enormous amounts of money and engaging in a pro-U.S. dollar disinformation campaign, Mr. Greenspan became a willing accomplice to the construction of the bubble, which, as of this moment in time, has only begun to contract.

The dollar is undoubtedly the most important price in the world because it is the world's reserve currency without any serious competitors. Because of its importance, the misbehavior of our government in promoting a phony dollar strength played a major role in sucking trillions of dollars of capital into the U.S. during the late 1990's, which in turn has led to enormous economic dislocations around the globe, not the least pernicious of which from an American's viewpoint is the sudden insolvency of American mining, manufacturing and agriculture as a result of a fictitiously strong dollar that led to unfairly undervalued imports and the impossible task of American companies exporting.

The "money center" banking interests that are the power behind the throne in America may have enriched themselves enormously in the short run. However, economic dislocations cannot be promoted by the rich and powerful forever without mother-nature finally saying "NO MORE!" It would seem that with the dollar now entering a secular bear market, the phony strong dollar policy, which benefited our banking industry at the expense of our manufacturing sector, may have now met its own threshold of lethality.

If the dollar's strength was based upon the trashing of the gold price (to make the dollar look better than gold, the only currency superior to it back in the 1990's), the dollar is now unquestionably weaker than most all other major currencies around the world and with good reason. Returns on investment are still way below where they need to be to justify equity prices.


We would become less gloomy about the market if we could envision decent earnings growth. The trouble is, as even Mr. Greenspan suggested, the consumer may now be about tapped out. So with the U.S. economy so dependent on consumer spending, that puts the burden on the capital goods sector. But as Stephen Roach said recently we have global excesses of supply that are left over from the excesses of the 1990's that continue to suppress pricing power which puts the damper on any real plans to increase Capital spending. Add to that the fact that the politicians and CEO's have already "shot their wads" in pushing consumer durables like housing and autos during the past two years, which means there is not likely to be the normal pent up demand for those big ticket items that normally provide major lifting power for the economy. No wonder Warren Buffett is talking in apocalyptic terms about the U.S. markets and Michel B. O'Higgins was talking about another Great Depression.

GOLD

The following email from a mining engineer and former colleague of mine

"Putting terrorism and Iraq aside, which it would seem are going to be dealt with in a material way in the short term, that should also subsequently take some of the pressure off of energy prices, and in that scenario, I say gold will be doing well to settle in the $300-325 range.

. As for the long-suffering shareholders of most gold mining companies they can continue to hope. The sad reality is that if there is another spike in prices, many of them will double-down and not fair any better than they have in the past (save those, of course, that decide to use the price spike as an opportunity to take their chips off the table.)

"To tell you the truth, I find it remarkable, but not surprising, after several years of reading about conspiracies, the evils of hedging, etc., nobody ascribes any of the industry's problems nor the investment communities disaffection with it to the scams or the perception that the game is rigged in the venture equity markets. Recall this has been the case long before the dot com bubble burst or the more recent Wall St. controversies"

 

Well I think my ex-colleague is still definitely among the brainwashed majority in the financial community who have a deep seated hatred for gold and who also displays a rather normal negative sentiment during the early stages of a bull market. With regard to the prevailing sentiment toward gold, I think Richard Russell has once again hit the nail squarely on the head in his Friday March 7, 2003 commentary.

"Opinion -- Here as the Dow is within 410 points of its October low, the implications are momentous. A violation of the Dow's bear market low of 7286.87 could easily trigger a waterfall or even a crash. The main European markets are down across the board today. The losses in Europe have been huge.

"These moves have come at a critical time. They've come at a time when Bush is on an all-out campaign to try to convince the UN "partners" that he is on the right path, and that they should not block his way with a veto. The last thing Bush needs now is a plunging stock market and a surging gold price. I believe that today "someone" (the government?) has gone all-out to hold the stock market up and to knock the price of gold down.

"One concept that subscribers should understand. Once the primary trend of a time such as gold or the stock market is established, the more activity or manipulation against the primary trend, the stronger the primary trend becomes.. The people who buy stocks on these counter-primary trend advances are buying stocks against the primary trend. Ultimately, they'll be forced to sell these same stocks at lower prices. But during the counter-trend rallies, stocks are moving from stronger hands to weaker hands.

Every time gold dips, every time some central bank or some manipulator dumps gold, the metal moves out of weaker hands and into stronger hands. Finally, gold establishes a rock-bottom base. The weak hands have either been knocked out of the market -- or sold out or scared out.

"Once that happens, gold will be ready to move higher and ultimately into its second phase. The second phase is the phase where the public finally becomes interested in the item.

We think it is interesting and most likely revealing, that gold made its biggest move upward immediately upon the resignation of former Treasury Secretary O'Neil. Never while we were without a Treasury Secretary did we see any significant down days like that displayed above, which had become common during the strong dollar manipulation days of the Rubin and Summer's regime. But immediately upon the new Treasury secretary taking office, we have begun to see this kind of quick and sudden down plunges in the New York market. Then as was always so common from 1995 onward, the gold markets rise throughout the global markets, only to be trashed once again in the New York markets. Now that a new "fox" (Treasury Secretary) is in charge of the chicken coup (The Exchange Stabilization Fund), the old pattern has once again commenced.

But we remain quite certain that the times have changed. The ability fool the global market participants about the dollar by trashing gold can no longer work. And as we discuss every week, the deflationary depression that we are beginning to face is to reveal that emperor Greenspan indeed is wiring no cloths. Having their fill of dollars, foreigners are very happy that our short sighted politicians and Fed chiefs are willing to hand them gold at bargain basement prices. They want out of the dollar. The only question is when will the slow trickle out of the dollar and into gold and other currencies turn into an avalanche.

The basic fundamenal supply and demand gold numbers run something like this. 4,000 tons of annual demand. 2,500 tons of supply from mines and recycling. 1,500+ tons from dishording form central banks. The 64 trillion dollar question is, "how long can this grand deceit by our policy makers go on?

How much gold do the western central banks have that they can use to keep fabricating their lies about fiat money? It looks like perhaps ½ of the 34,000 or 35,000 tones the banks claim they have, have actually been leased out, never to be returned again to the central banks. No doubt the western central banks will "forgive" the repayment of gold and accept paper instead. But what will that do to America's financial viability when its Central Bank is built upon the quick sand of liability money (fiat money) rather than asset money (gold). It is a very foolish and shortsighted policy that our ruling elite have propagated, and one I am unfortunately confident will led to national financial ruin.

March 11, 2003

J Taylor, Editor of J Taylor's Gold & Technology Stocks