President Mbeki informed of Treasury''s immunity claim


By Reginald H. Howe
March 21, 2001

The schedule for responses described in my March 9,
2001, status report has been allowed by the court.

Pursuant thereto, on March 15 the Department of Justice
("DOJ") filed two motions, each with a separate
supporting memorandum, on behalf of the secretary of
the treasury: 1) to substitute Paul O'Neill, the
current secretary, for former secretary Lawrence H.
Summers; and 2) to dismiss the case both as against the
secretary of the treasury in his official capacity and
as against Mr. Summers individually.

The DOJ has advised me that it does not represent Mr.
Summers personally at this time, nor is the DOJ
currently representing any of the other federal
defendants. In addition, the DOJ has indicated that it
does not have any objection to its court filings being
posted online, although as yet it has not provided
electronic copies.

However, Adam Hamilton has taken hard copies of the
DOJ's memoranda, scanned them, and converted both into
PDF format for virtually exact online reproduction.
These memoranda may now be viewed at a special section
of Adam's site:

For a number of reasons, I am not going to comment upon
or otherwise discuss the motions and memoranda filed by
the DOJ or any other defendants until I file my
opposition papers on April 30. They will be posted at as soon after they are filed in
court as I can convert them to HTML format.

In the meantime, I intend to do whatever I can to
facilitate the posting at Adam's site of the
defendants' memoranda as they are received, and I
extend to Adam and his associates at Zeal LLC my
sincere thanks for their efforts to bring all sides of
this case to the public.