BERLUSCONI,S TRIAL SEPARATED FROM CO-DEFENDANTS;

C O N F I D E N T I A L SECTION 01 OF 03 ROME 002284 SIPDIS DEPARTMENT FOR EUR/WE, IRL E.O. 12958: DECL: 05/22/2018 TAGS: PGOV PHUM PHUM PHUM IT ITPGOV ITPGOV SUBJECT: BERLUSCONI,S TRIAL SEPARATED FROM CO-DEFENDANTS; STAGE SET FOR "GUILTY BY ASSOCIATION" VERDICT REF: A. ROME 1971 ¶B. ROME 1835 ¶C. ROME 737 CONFIDENTIAL PAGE 02 ROME 02284 01 OF 03 221737Z ¶D. ROME 355 CLASSIFIED BY: A/DCM THOMAS COUNTRYMAN, REASON 1.5 (D). -------------- SUMMARY -------------- ¶1. (C) A MAY 16 COURT DECISION TO SEPARATE THE PROSECUTION OF PRIME MINISTER BERLUSCONI FROM OTHER DEFENDANTS IN A CORRUPTION TRIAL WILL STRING OUT LEGAL PROCEEDINGS AGAINST THE PM AND CERTAINLY EXACERBATE DOMESTIC POLITICAL BATTLES AND INSTITUTIONAL STRUGGLES BETWEEN THE GOVERNMENT AND JUDICIARY. THE EXPECTED GUILTY VERDICT AGAINST BERLUSCONI'S CO-DEFENDANTS SETS THE STAGE FOR A "GUILTY-BY-ASSOCIATION" VERDICT AGAINST THE PRIME MINISTER HIMSELF. BUT NONE OF THIS SHOULD HAVE A DRAMATIC IMPACT ON ITALY'S UPCOMING EU PRESIDENCY OR RUPTURE BERLUSCONI'S COALITION GOVERNMENT, WHICH WE STILL THINK WILL BE THE FIRST ITALIAN POSTWAR GOVERNMENT TO SERVE ITS FULL FIVE-YEAR TERM. AT MOST, IT MAY IMPEDE BERLUSCONI'S ABILITY TO PERSUASIVELY BROKER THE BACKROOM DEALS THAT ARE PART AND PARCEL OF EU SUMMITS, BUT WE EXPECT MOST FELLOW EU LEADERS WILL CONTINUE DEALING WITH HIM MUCH AS THEY HAVE. THE COURT'S DECISION AND THE EXPECTED GUILTY VERDICT MATTER MOST TO ITALY'S POLITICIANS; MOST OF THE PUBLIC IS INDIFFERENT. END SUMMARY. -------------- THE PROCEEDINGS -------------- ¶2. (U) ON MAY 16, THE MILAN TRIBUNAL CONSIDERING THE "SME" JUDICIAL BRIBERY CASE AGAINST PM SILVIO BERLUSCONI DECIDED TO CONFIDENTIAL PAGE 03 ROME 02284 01 OF 03 221737Z SPLIT THE TRIAL. THE CASE STEMS FROM THE 1985 PROPOSED SALE OF THE THEN-STATE-OWNED SME FOOD HOLDING COMPANY. BERLUSCONI IS ACCUSED AS AN ACCESSORY TO JUDICIAL BRIBERY IN COMPLICATED JUDICIAL PROCEEDINGS ARISING FROM THE EVENTUAL SALE. (NOTE: THE CASE WAS BROUGHT AGAINST HIM BY THE MILAN COURT IN 1995, SOME TEN YEARS AFTER THE ALLEGED CORRUPTION OCCURRED. END NOTE.) CESARE PREVITI, DEFENSE MINISTER IN THE FIRST BERLUSCONI GOVERNMENT, FORZA ITALIA PARLIAMENTARIAN, AND A FORMER LAWYER TO THE PM, IS A CO-DEFENDANT, ALONG WITH SEVEN OTHERS. DURING THE SCHEDULED MAY 16 HEARING, BERLUSCONI'S LAWYERS REQUESTED YET ANOTHER DELAY OF THE TRIAL (THE SIXTH), DUE TO GOVERNMENT DEMANDS WHICH, THEY CLAIMED, MADE IT IMPOSSIBLE FOR BERLUSCONI TO APPEAR. ¶3. (SBU) PRESIDING JUDGE LUISA PONTI SUGGESTED THAT BERLUSCONI BE TRIED SEPARATELY FROM THE OTHER DEFENDANTS TO AVOID HAVING HIS SCHEDULING CONFLICTS FURTHER DELAY THE PROCEEDINGS AGAINST THE OTHERS. THUS, THE TRIBUNAL DETERMINED, THE CASE AGAINST THE EIGHT CO-DEFENDANTS WILL PROCEED; THE NEXT HEARING, AT WHICH PROSECUTOR ILDA BOCCASSINI IS EXPECTED TO PRESENT HER CONCLUDING SPEECH, IS SET FOR MAY 23. THE PRIME MINISTER'S TRIAL, MEANWHILE, WILL BE CONDUCTED AT ITS OWN PACE, IN KEEPING WITH THE PM'S SCHEDULE -- BEFORE THE SAME TRIBUNAL. IT MUST, HOWEVER, START FROM SCRATCH, AS IT IS TECHNICALLY A NEW TRIAL. (COMMENT: IRONICALLY FROM A U.S. PERSPECTIVE, THE SAME TRIBUNAL CAN CONSIDER THE CASE, EVEN IF THE REMAINING DEFENDANTS ARE FOUND GUILTY. AS U.S. DEFENSE ATTORNEYS TELL US WHEN VISITING ITALY, THEY WOULD NOT WANT TO DEFEND A CASE HERE. END COMMENT.) CONFIDENTIAL PAGE 04 ROME 02284 01 OF 03 221737Z -------------- THE REACTION -------------- ¶4. (SBU) THE CENTER-LEFT IMMEDIATELY WELCOMED THE MAGISTRATES' DECISION, SAYING IT ALLOWS JUSTICE TO RUN ITS COURSE WITH DUE CONSIDERATION FOR THE PRIME MINISTER'S SCHEDULE. FORMER MANI PULITE (CLEAN HANDS) PROSECUTOR AND LEADER OF THE "ITALY OF VALUES" PARTY ANTONIO DI PIETRO CAPTURED THE OPPOSITION VIEWPOINT ELOQUENTLY: THE DECISION, HE SAID, SAFEGUARDS THE DELICATE FUNCTION WHICH BERLUSCONI IS ABOUT TO ASSUME WITH THE EU PRESIDENCY WHILE ALLOWING JUSTICE TO RUN ITS COURSE. AT THE SAME TIME, IT GUARANTEES PROSECUTION OF THE SME CASE, PERMITTING THE CITIZENS TO KNOW THE TRUTH AS SOON AS POSSIBLE, PERHAPS IN TWO-THREE WEEKS. PARLIAMENT NEED NO LONGER CONSIDER THE "LODO MACCANICO" (PROPOSAL TO PROVIDE "TEMPORARY IMMUNITY" BY SUSPENDING CASES AGAINST HIGH GOVERNMENT OFFICIALS WHILE IN OFFICE). AND ABOVE ALL, THE CITIZENS WILL UNDERSTAND WHO WAS THE INSTIGATOR OF ALL THE CASES, WHETHER THE SME CASE OR THE "LODO MONDADORI" CASE (IN WHICH BERLUSCONI ASSOCIATE PREVITI WAS RECENTLY FOUND GUILTY OF BRIBING JUDGES AND SENTENCED TO 11 YEARS IN PRISON; HE IS APPEALING THE VERDICT.) AND THIS, DI PIETRO CONCLUDED, WILL HAVE POLITICAL CONSEQUENCES ALSO FOR BERLUSCONI. (COMMENT: AS NOTED IN 02 MILAN 259, DI CONFIDENTIAL CONFIDENTIAL PTQ2711 PAGE 01 ROME 02284 02 OF 03 221737Z ACTION EUR-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 DODE-00 SRPP-00 DS-00 EB-00 VC-00 TEDE-00 INR-00 IO-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SCT-00 SP-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-00 DRL-01 G-00 NFAT-00 SAS-00 /007W -------------- 699B60 221737Z /38 P 221731Z MAY 03 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 0058 INFO EUROPEAN POLITICAL COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES C O N F I D E N T I A L SECTION 02 OF 03 ROME 002284 SIPDIS DEPARTMENT FOR EUR/WE, IRL E.O. 12958: DECL: 05/22/2018 TAGS: PGOV PHUM PHUM PHUM IT ITPGOV ITPGOV SUBJECT: BERLUSCONI,S TRIAL SEPARATED FROM CO-DEFENDANTS; STAGE SET FOR "GUILTY BY ASSOCIATION" VERDICT PIETRO IS NOT A LEFTIST EXTREMIST; HE IS IN FACT A CENTRIST. HOWEVER, HE CONSIDERS BERLUSCONI A "MORTAL ENEMY" OF DEMOCRACY AND THE LEGAL SYSTEM. END COMMENT.) CONFIDENTIAL PAGE 02 ROME 02284 02 OF 03 221737Z ¶5. (SBU) NOT SURPRISINGLY, THE CENTER-RIGHT -- MOST VOCALLY THE PRIME MINISTER HIMSELF -- SEES THINGS DIFFERENTLY. IT VIEWS THE MOVE BY THE TRIBUNAL AS YET ANOTHER EXAMPLE OF BLATANT ACTION BY A POLITICIZED JUDICIARY TO MANIPULATE THE JUDICIAL SYSTEM TO ACHIEVE WHAT THEY CANNOT AT THE BALLOT BOX -- DESTRUCTION OF THE CENTER-RIGHT GOVERNMENT, INDEED THE ENTIRE CENTER-RIGHT POLITICAL STRUCTURE. CENTER-RIGHT REPRESENTATIVES CHARGE THAT, BY SPLITTING THE SME TRIAL, THE MAGISTRATES GUARANTEED THAT THE TRIAL OF BERLUSCONI'S CO-DEFENDANTS WOULD CONTINUE, LEADING TO AN EXPECTED GUILTY VERDICT, PRESUMED BY ALMOST ALL ITALIANS TO BE IMMINENT. THEY ASSERT THAT THIS IS A DELIBERATE ATTEMPT TO REFLECT THE "GUILT" OF OTHERS ONTO THE PRIME MINISTER, EVEN AT THE RISK OF JEOPARDIZING HIS EFFECTIVENESS WHILE ITALY HOLDS THE EU PRESIDENCY. AS FORZA ITALIA DEPUTY AND FORMER INTERIOR UNDER SECRETARY CARLO TAORMINA SAID WHEN THE DECISION WAS MADE SIPDIS PUBLIC, "IT WILL GRAVELY PREJUDICE THE (PRIME MINISTER'S) CASE." HE ADDED THAT A GUILTY VERDICT WOULD "CERTAINLY" BE ISSUED IN THE CASE AGAINST BERLUSCONI'S CO-DEFENDANTS, BECAUSE "IT IS THE MILANESE SYSTEM." (COMMENT: MAGISTRATES IN MILAN HAVE A PREDOMINANTLY LEFTIST ORIENTATION; THEIR NUMBER INCLUDES SOME WHO SPEAK OF A SACRED OBLIGATION TO PURSUE "DEMOCRATIC REVOLUTION" THROUGH THE COURTS. END COMMENT.) -------------- MEANWHILE, BACK AT THE PARLIAMENT -------------- ¶6. (U) IN THE MEANTIME, BERLUSCONI CONTINUES TO PRESS FOR JUDICIAL REFORM AND THE REINSTATEMENT OF PARLIAMENTARY CONFIDENTIAL PAGE 03 ROME 02284 02 OF 03 221737Z IMMUNITY (ABOLISHED IN THE AFTERMATH OF ITALY'S CORRUPTION SCANDALS). THAT REQUIRES A CONSTITUTIONAL AMENDMENT, HOWEVER, AND IS A MONTHS-LONG PROCESS. WHILE THERE IS SOLID AGREEMENT IN HIS MAJORITY COALITION ON THE NEED FOR REFORM, THERE IS SOME DIFFERENCE IN THE DETAILS. DEPUTY PRIME MINISTER GIANFRANCO FINI (NATIONAL ALLIANCE),FOR EXAMPLE, HAS DEMURRED PUBLICLY THAT "WE CANNOT GO BACK TO TEN YEARS AGO" (I.E., FULL PARLIAMENTARY IMMUNITY, SUGGESTING SOMETHING LESS MIGHT BE ACCEPTABLE). THERE ARE BOTH CONSENSUS WITHIN THE MAJORITY AND INDICATIONS OF SUPPORT FROM PRESIDENT CIAMPI FOR THE SO-CALLED "LODO MACCANICO" PROPOSAL TO SUSPEND TRIALS FOR THE FIVE HIGHEST INSTITUTIONAL FIGURES (PRESIDENTS OF THE REPUBLIC, CONSTITUTIONAL COURT, SENATE, AND CHAMBER OF DEPUTIES, AND THE PRIME MINISTER) WHILE THEY ARE IN OFFICE. IF SUCH A LEGAL PROVISION WERE TO PASS, THE BERLUSCONI TRIAL WOULD BE SUSPENDED UNTIL HE NO LONGER HELD OFFICE. (NOTE: WE PRESUME, ALTHOUGH IT IS STILL UNCLEAR, THAT THE STATUTE OF LIMITATIONS WOULD ALSO BE SUSPENDED FOR THE INTERVAL. END NOTE.) CENTER-RIGHT CRITICS COMPLAIN, HOWEVER, THAT THE ACTION BY THE MILAN TRIBUNAL RENDERS FURTHER DISCUSSION OF THE LODO MACCANICO MEANINGLESS, AS BERLUSCONI WILL BE EFFECTIVELY TRIED "IN ABSENTIA" AT THE CONTINUING TRIAL OF THE SEVEN CO-DEFENDANTS. -------------- SO, CAN BERLUSCONI EFFECTIVELY MANAGE ITALY'S EU PRESIDENCY? AND WILL THE COALITION HOLD? -------------- ¶7. (C) WITH APOLOGIES TO VON CLAUSWITZ, LEGAL PROCEEDINGS IN ITALY ARE OFTEN POLITICS BY OTHER MEANS. THE PROSPECT OF A GUILTY VERDICT -- WHETHER DIRECT OR BY ASSOCIATION -- CONFIDENTIAL PAGE 04 ROME 02284 02 OF 03 221737Z AGAINST PRIME MINISTER BERLUSCONI HAS THE OPPOSITION SALIVATING AND HOPING TO TRANSLATE IT INTO ELECTORAL GAINS IN MAY 25-26 LOCAL ELECTIONS. THE INTEREST OF THE "ECONOMIST" AND OTHERS ASIDE, HOWEVER, AND SOMEWHAT CONTRARY TO WHAT WE MIGHT EXPECT, WE HAVE YET TO SEE THAT BERLUSCONI'S LEGAL TRAVAILS MAKE A DIFFERENCE TO THE ITALIAN ELECTORATE. THE PRIME MINISTER CONTINUES TO EVOKE STRONG FEELINGS IN ITALIANS, AND THEY HAVE ALREADY DECIDED WHAT THEY THINK OF HIM; WE SEE LITTLE EVIDENCE THAT THIS TRIAL, WHATEVER ITS OUTCOME, WILL CHANGE MANY MINDS. ¶8. (C) THE JUDICIAL PROBLEMS MATTER MORE ON THE INTERNATIONAL SCALE, TO THE EXTENT THEY IMPEDE BERLUSCONI'S ABILITY TO LEAD EFFECTIVELY ITALY'S EU PRESIDENCY AND ADVANCE U.S. INTERESTS. WE DO NOT SEE THE IMPACT HERE TO BE THAT GREAT, EITHER. IT IS TRUE THAT BERLUSCONI IS MORE DISTRACTED BY THE NEED TO ATTEND TO HIS JUDICIAL AFFAIRS, BUT HE IS A MAN OF GREAT ENERGY AND IT DOES NOT SEEM TO CAUSE EITHER DISRUPTION IN COALITION MANAGEMENT OR LACK OF ATTENTION TO ISSUES WHICH DEMAND IT. HE ALSO HAS MANY ABLE SUBORDINATES, FROM FINI TO FOREIGN MINISTER FRATTINI TO INTERIOR MINISTER PISANU AND MORE. SOME SUGGEST A GUILTY VERDICT, WHETHER DIRECT OR BY ASSOCIATION, MIGHT WEAKEN HIS STATURE VIS-A-VIS HIS EUROPEAN COLLEAGUES DURING THE PRESIDENCY. THAT PROBABLY CONFIDENTIAL CONFIDENTIAL PTQ2712 PAGE 01 ROME 02284 03 OF 03 221737Z ACTION EUR-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 DODE-00 SRPP-00 DS-00 EB-00 VC-00 TEDE-00 INR-00 IO-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00 NSCE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SCT-00 SP-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-00 DRL-01 G-00 NFAT-00 SAS-00 /007W -------------- 699B65 221737Z /38 P 221731Z MAY 03 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 0059 INFO EUROPEAN POLITICAL COLLECTIVE AMCONSUL FLORENCE AMCONSUL MILAN AMCONSUL NAPLES C O N F I D E N T I A L SECTION 03 OF 03 ROME 002284 SIPDIS DEPARTMENT FOR EUR/WE, IRL E.O. 12958: DECL: 05/22/2018 TAGS: PGOV PHUM PHUM PHUM IT ITPGOV ITPGOV SUBJECT: BERLUSCONI,S TRIAL SEPARATED FROM CO-DEFENDANTS; STAGE SET FOR "GUILTY BY ASSOCIATION" VERDICT OVERSTATES THE CASE; THERE IS LITTLE TO SUGGEST IT WILL AFFECT MANAGEMENT OF BASIC PRESIDENCY RESPONSIBILITIES OR THE OVERALL RELATIONSHIPS BETWEEN BERLUSCONI AND HIS COUNTERPARTS CONFIDENTIAL PAGE 02 ROME 02284 03 OF 03 221737Z (FOR BETTER OR WORSE). INDEED, THE FRENCH DCM TOLD US ON THE DAY OF THE DECISION TO SPLIT THE CASES THAT IT WAS IRRELEVANT TO HIS GOVERNMENT, PROVIDED BERLUSCONI PAID ATTENTION TO EU MATTERS WHILE ITALY HELD THE PRESIDENCY. IT MIGHT IMPACT ON BERLUSCONI'S ABILITY TO BROKER THE LAST-MINUTE, BACKROOM DEALS OF WHICH EU SUMMITS ARE MADE, BUT AGAIN, WE THINK THE LIKELIHOOD IS MINIMAL. ¶9. (C) WILL THE GOVERNMENT STAND? WE THINK IT WILL, AND AS OF NOW WE CONTINUE TO PREDICT IT WILL BE THE FIRST POST-WAR GOI TO COMPLETE ITS FIVE-YEAR TERM. WHILE THERE MAY BE DIFFERENCES AMONG SOME COALITION PARTNERS AS TO HOW BEST TO REFORM THE JUDICIARY, OR THE SPEED AT WHICH THAT REFORM SHOULD PROCEED, AS WELL AS ON ISSUES COMPLETELY UNRELATED TO THE JUDICIARY, WE SEE VIRTUAL UNANIMITY IN THE BELIEF THAT THE MAGISTRACY IS HIGHLY POLITICIZED AND THAT IT SEEKS TO ACCOMPLISH POLITICAL "REVOLUTION" THROUGH THE JUDICIAL SYSTEM. THIS WILL NOT BE THE ISSUE THAT BREAKS THE COALITION. ¶10. (C) A GUILTY VERDICT WOULD BE EMBARRASSING, BUT IT WOULD NOT HINDER THE GOVERNMENT'S IMAGE OR PROGRAM. RELATIONS WITH THE OPPOSITION WILL REMAIN AT LOGGERHEADS, AS THEY WILL WITH THE JUDICIARY -- BUT BOTH ARE FRUITLESS NOW. (BERLUSCONI ANNOUNCED ON MAY 22 THAT HE WANTED TO SPEED CONSIDERATION OF THE GOI'S JUDICIAL REFORM PROPOSALS, INCLUDING SEPARATION OF CAREER TRACKS FOR PROSECUTORS AND JUDGES -- ANOTHER GAUNTLET FLUNG AT THE MAGISTRACY.) THE GOVERNMENT RECOGNIZES THE DRAWBACKS, AND PERHAPS ABOVE ALL THE DISTRACTION, OF SUCH A VERDICT, AND THAT IS WHY BERLUSCONI, SENATE PRESIDENT PERA, CHAMBER PRESIDENT CASINI, UNION OF CHRISTIAN DEMOCRATS (UDC) SECRETARY FOLLINI, AND CONFIDENTIAL PAGE 03 ROME 02284 03 OF 03 221737Z NORTHERN LEAGUE SECRETARY BOSSI AGREE THAT SOME FORM OF IMMUNITY/SUSPENSION OF CASES AGAINST THE PRIME MINISTER IS IMPERATIVE. BUT WHATEVER THE VERDICT, BE IT AGAINST HIS ASSOCIATES OR AGAINST HIM PERSONALLY, BERLUSCONI WILL RESPOND THE SAME WAY: HE WILL CHARGE THAT IT IS A POLITICAL DECISION BY A POLITICIZED JUDICIARY, DECLARE HIS INNOCENCE, FILE AN APPEAL -- AND MOVE ON. HE IS, UNDER ITALIAN LAW, INNOCENT UNTIL ALL APPEALS ARE EXHAUSTED. THE OPPOSITION WOULD HOWL -- BUT THEY DO A LOT OF THAT ANYWAY. WOULD IT AFFECT ITALIAN VOTES IN THE 2004 EUROPEAN PARLIAMENT ELECTIONS OR THE 2006 NATIONAL ELECTIONS? MAYBE -- BUT WE WOULDN'T BET ON IT. SKODON CONFIDENTIAL > 2003ROME02284 - Classification: CONFIDENTIAL