AMICUS CURIAE ARGUMENT
Part III
This argument was served by overnight express mail upon all the attorneys of record in Howe vs BIS et al., and submitted to the US District Court in Boston on October 23, 2001, with motion for leave to have it filed. Because of its size, it is presented here in three parts.
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52. To explain by example everyone can understand what this gold price manipulation is all about, may it be recalled what happened on January 12, 1994, to fourteen countries of the African Financial Community, whose common currency (CFA franc) is tied to the French franc. On that day, 80 million citizens of those countries woke up to find out that CFA franc had just been devalued by 50%. What it meant was they would be now receiving only one-half for their exports of what they were receiving on January 11, and they would have to pay twice as much for their imports of what they were paying on January 11. CIA World Factbook 2001 is right that this sudden change of currency exchange rate by official fiat did not cut the real output of those countries by half. It merely transferred their wealth abroad.
53. CFA franc has been tied to French franc since 1948, and 1994 devaluation was the only one in its history. What was it that caused the French Treasury to devalue the common currency of the client African states in January 1994? It was the timetable of the Maastricht Treaty. According to this timetable, European Monetary Institute came into being in January 1994. The purpose of this Institute was to coordinate five-year transition to the common currency Euro and to European Central Bank. During this transition period, the member states would be required to meet very stringent inflation goals and fiscal deficits limitations. And how could sixty million Frenchmen keep their eternal deficit under control? By making eighty million Africans pay for it.
54. What the French franc did to CFA franc, the Federal Reserve dollar is doing to other currencies; not by devaluing other currencies, but by devaluing gold, and thus elevating structural overvaluation of US dollar. Gold price manipulation is about looting other people's wealth on the scale the organized crime of the whole world cannot even imagine.
55. Why do we submit an amicus curiae brief to talk about these things? Because the attorneys for the defendants are here to assure that fiat money regime emerges from this Court unscathed, while countless millions of people all across the world will never know that their only chance for normal life and human dignity once hanged in the balance in this Court.
56. American democracy, launched by the Declaration of Independence, was challenged in the course of its history by two scandals of epic proportions:
- THE SCANDAL OF SLAVERY - how to reconcile the proposition that all people are created equal with legal reality that allowed one man to be a chattel property of another - and
- THE SCANDAL OF FIAT MONEY - how to reconcile the equality and economic freedom with monetary reality of licensed counterfeiting.
57. The scandal of slavery was reconciled by the Civil War. Although this nation had clear opportunity to achieve this reconciliation by due process of law, that was the road conspicuously not taken. Rather than averting the calamity of the Civil War, the historic Dread Scott case actually precipitated it.
58. It is submitted that this case is as important vis-à-vis the scandal of fiat money, as Dread Scott case was vis-à-vis the scandal of slavery. It affords this nation the unique opportunity to deal with the scandal of fiat money by the peaceful means of due process of law.
59. Why is this opportunity unique? Banks, and especially central banks, are famous for their elaborate legal precautions and proverbial nailing of the closed doors. And here a central bank, a central bank of central banks, and a cream of the crop of international bullion banks let themselves be nailed to the wall by a pro se litigant. Such thing never happened in the past and will never happen in the future. It is clear that the defendants herein failed to ask for legal advice. Of course they will not make such a mistake ever again. That's why THE TIME TO DEAL WITH THE SCANDAL OF FIAT MONEY BY WAY OF DUE PROCESS OF LAW IS NOW OR NEVER.
60. If this unique opportunity is lost, the case for honest money will ultimately be argued with truck bombs and similar instruments; the one just presented at the World Trade Center in New York City came up tragically timely to be added to the overall scope of consideration here. Dread Scott constitutional failure must not be re-enacted. Due process of law must be upheld as the only way to resolve the fiat money crisis. In the end, DUE PROCESS OF LAW IS ALL WE HAVE TO PROTECT OUR CIVILIZATION FROM SLIDING BACK INTO BARBARITY.
61. In the process of his endless war against the cancer of terrorism, President George W. Bush will be trying to eradicate this cancer by killing those who are suffering from it, along with their kith and kin. Even if he succeeds in killing all of them, the cancer will return, because the secret of eradicating cancer is to eliminate conditions that cause it, not the people who suffer from it. It is the fiat dollar regime that is the root cause of this cancer. Consequently, honest money regime is the only lasting cure.
62. In A Prayer for the Dead and Dying, Patricia Koyce Wanniski wrote on September 13, 2001:
"... the only way America can keep this from happening again is to prevent terrorism at the root, and the only way to prevent that is to guarantee that all the world's peoples have some way to air their complaints so they needn't resort to violence. I don't know how this might work as an international political mechanism; I will leave this to wiser heads than my own. Perhaps it isn't possible. I pray that it is."
63. The international political mechanism Mrs Wanniski is looking for is called gold standard. When properly implemented, it can assure the most rational allocation of economic resources and seamless cooperation of the entire world. (Ask Alan Greenspan! He wrote superb essay about it.) The first necessary step on the long road of return to this honest money standard is to deny all motions to dismiss now pending before this Court and to allow this case to proceed to its pretrial stage, with leave to renew them upon completion of discovery procedure. For better or worse, the court of law still has sufficient credibility as an institution where things can be set right and the people can "have some way to air their complaints so they needn't resort to violence". The press no longer has it, Congress no longer has it, and the United Nations... never had it, never will.
64. It is required that amicus curiae brief must explain its author's interest in the case:
Between February 28 and April 19, 1993, I had been watching with millions of my fellow citizens the most incredible siege of a little church on the prairie in Waco, Texas, by combined forces of US Treasury Department's Bureau of Alcohol Tobacco and Firearms (ATF), US Justice
Department's Federal Bureau of Investigation (FBI), and US Department of Defense.
Many times, I began to draw Habeas Corpus petition with the intent to file it in the nearest US District Court in order to stop this most blatant violation of the Constitution of the United States. But each time, I managed to persuade myself that it would be presumptuous on my part to speak for America when there were so many ladies and gentlemen of the Press, so many Senators and Members of Congress, and so many other luminaries of greater standing than mine, who, inevitably, I thought, would speak up. But none of them did.
There is no question, that any judge would have stopped this tragedy, if I would have filed that Habeas Corpus petition even as late as April 18, 1993. The tragic end of those people will be on my conscience forever. And I knew, this was not going to be the end of the story. When truck bomb exploded in front of the Federal Building in Oklahoma City on April 19, 1995, I realized I was as much responsible for all that death and destruction as if I were the one who lit the fuse. Without Waco there would be no Oklahoma City. And if I would only have filed that Habeas Corpus petition...
65. What I would like to tell this Court now, and all Americans who may ever read these words, is a simple conclusion drawn from this horrendous experience:
WHENEVER YOU SEE YOUR CONSTITUTION VIOLATED, NEVER ASSUME THAT THERE ARE PEOPLE BETTER THAN YOU WHO WILL SPEAK UP IN PROTEST. NO ONE IS BETTER THAN YOU, AND YOU SHOULD NEVER LET THE SUN SET UPON ANY SUCH VIOLATION, EVEN IF THE VIOLATOR IS THE SECRETARY OF THE TREASURY, THE ATTORNEY GENERAL, OR THE PRESIDENT HIMSELF.
And that's the reason, why I am submitting this Motion for Leave to File Amicus Curiae Argument.
66. This explanation of my interest in this case would have been satisfactory, except for the Local Rule which prohibits anyone, not admitted to practice before this Court, from representing anyone else. Appearing pro se, I may only speak for myself; I may not speak for America. By a happy coincidence, I am in the position to speak only for myself, and at the same time speak for America. I am presently editing my book, which may change the whole history as written by the present fiat money elite. Discovery in this action will confirm several key facts which will assure the necessary credibility for my book. And that's my interest in this case, which will stand under this Court's Rules.
67. When all is said and done, this case will be remembered as the most important case that upheld (or defeated) the people's Right to Know. Without the right to know, there is no democracy and self-government.
- By denying defendants motions to dismiss, this Court will be telling us the People "You have the right to know what is being done to you, and consequently, the right to do something constitutionally about it."
- By granting defendants motions to dismiss, this Court will be telling us the People "You are a chattel property. You have neither the right to know, nor any other right." (And that was precisely what Chief Justice Taney said in Dread Scott.)
By choosing "a", this Court will opt for reconciliation of the fiat money scandal by due process of law; and by choosing "b", this Court will opt for reconciliation of the fiat money scandal by the means of new civil war. This Court does not really have an option to avoid this Dread Scott dilemma by pretending this is yet another textbook case about the standard of judicial review of administrative discretion. This Court may either deny or grant the pending motions to dismiss, and by doing so, may uphold constitutional process of reform or open the door for a civil war. TERTIUM NON DATUR.
CONCLUSION
No one is asking this Court to lead a revolution. All that is needed is a very narrow decision of caution that in effect says:
In order not to make irreversible decision of incalculable consequences without sufficient knowledge what is really involved here, we need to shed more light on the background of this case.
MOTIONS TO DISMISS DENIED WITH LEAVE TO RENEW UPON COMPLETION OF DISCOVERY.
And this is the long and short of it all.
Dated: October 22, 2001.
Respectfully submitted,
JOSEPH NICHOLAS TLAGA, Pro Se
2060 South-West 81st Avenue
North Lauderdale, FL 33068
954 718-2118 tlaga@shadow.net
25 October 2001
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