Identifier
Created
Classification
Origin
05AMMAN6118
2005-07-31 14:41:00
CONFIDENTIAL
Embassy Amman
Cable title:  

GOJ REQUEST FOR "STATEMENT OF INTEREST" IN U.S.

Tags:  PREL IZ JO 
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This record is a partial extract of the original cable. The full text of the original cable is not available.

311441Z Jul 05
C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006118 

SIPDIS

FOR L AND NEA

E.O. 12958: DECL: 07/31/2015
TAGS: PREL IZ JO
SUBJECT: GOJ REQUEST FOR "STATEMENT OF INTEREST" IN U.S.
COURT CASE BROUGHT BY AHMAD CHALABI


Classified By: CDA David Hale for Reasons 1.4 (b),(d)

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 006118

SIPDIS

FOR L AND NEA

E.O. 12958: DECL: 07/31/2015
TAGS: PREL IZ JO
SUBJECT: GOJ REQUEST FOR "STATEMENT OF INTEREST" IN U.S.
COURT CASE BROUGHT BY AHMAD CHALABI


Classified By: CDA David Hale for Reasons 1.4 (b),(d)


1. (U) This is an action request. See paragraph 4.


2. (C) In a July 31 meeting with Charge (septel),Foreign
Minister Qasrawi presented a non-paper asking that the U.S.
government file a "statement of interest" in the suit brought
against the GOJ by Iraqi Deputy PM Ahmad Chalabi before the
U.S. District Court for the District of Columbia. Qasrawi
stated that he did not understand why Chalabi was pursuing
this case since a committee at the Royal Court was actively
working to resolve his dispute with Jordan. He said that the
GOJ was very concerned about the possible negative
consequences of the court action. Charge replied that he
would raise this issue with Washington and follow-up with a
response. Qasrawi emphasized the urgency of the matter.


3. (SBU) The text of the non-paper is as follows:

Possible Intervention by the Esteemed Department of State in
a Lawsuit Brought by Ahmad Chalabi Against the Hashemite
Kingdom of Jordan, the Central Bank of Jordan and Two Former
Top Jordanian Government Officials Before a U.S. Court

1 - Background

Ahmad Chalabi has brought a complaint against the Hashemite
King of Jordan, the Central Bank of Jordan and two former
high ranking Jordanian officials in the United States of
America, District Court for the District of Columbia,
asserting claims arising from Jordan's regulatory seizure and
liquidation of a Jordanian bank (Petra Bank) in 1989-90.

Chalabi advances claims based on alleged recent diplomatic
communications between the United States and Jordan,
specifically an alleged request by Jordan that the United
States assist in extraditing Chalabi to Jordan, and alleged
diplomatic communication, at the highest level in both
countries, in which he claims that Jordan accused him of
informing the Iranian Government that the United States has
broken the Iranian encryption code.

It is evident that Chalabi is attempting to utilize this
lawsuit for political ends and political propaganda.

2 - Request

The Government of Jordan believes it would be inappropriate
for a U.S. court to adjudicate a case that necessarily
intrudes upon Jordanian sovereignty in the conduct of (i) its
diplomatic relations with the United States, including as to
their collaborative efforts on Iraq, and (ii) its regulations
of its own banking industry.

Furthermore, the presentation of this case would, most
likely, involve attempts by Chalabi to develop evidence that
could include the calling of witnesses at the highest levels
of the Jordanian and United States' Governments.

It is our understanding that the United States Executive
Branch is authorized by statute to make its views known, in
the form of a "Statement of Interest," to U.S. courts
presiding over such sensitive cases. It is our understanding
that such "Statements of Interest" are often prepared by the
U.S. Department of States in coordination with the U.S.
Department of Justice. We understand that the U.S. courts
accord considerable deference to the views expressed in such
Statements of Interest, including on motions to dismiss at an
early stage of litigation.

The adjudication of this suit would, inevitably, constitute
an unwelcome intrusion on Jordan's sovereignty, particularly
in light of the excellent, friendly relations that exist
between Jordan and the United States.

There are substantial precedents where the Department of
State, in conjunction with the Department of Justice, has
submitted statements in support of a foreign sovereign. Many
of these statements are identified on the Department of
State's own website.

The Ministry of Foreign Affairs would be grateful should the
esteemed Department of State give positive consideration for
submitting a "Statement of Interest" to the relevant U.S.
court in this particular case as outlined above.

The Ministry of Foreign Affairs would immensely appreciate a
timely action by the esteemed Department of State on this
matter of high concern, especially in light of the excellent,
friendly relations that exist between Jordan and the United
States.

July 31

4. (C) Post requests guidance on providing a response to the
GOJ on this matter.
HALE