FM RENEWS REQUEST FOR INTERVENTION IN CHALABI

C O N F I D E N T I A L SECTION 01 OF 02 AMMAN 008521

SIPDIS

FOR NEA AND L

E.O. 12958: DECL: 10/30/2015
TAGS: PREL IZ JO
SUBJECT: FM RENEWS REQUEST FOR INTERVENTION IN CHALABI
LAWSUIT


Classified By: CDA DAVID HALE FOR REASONS 1.4 (B) & (D)


1. (C) Jordanian Foreign Minister Kasrawi convoked Charge
October 26 to renew the GoJ's request that the Department
submit a statement of interest in the lawsuit that Iraqi
Deputy PM Ahmed Chalabi is currently pursuing against the GoJ
in a U.S. federal court.


2. (C) Kasrawi said that even though the GoJ is convinced
Jordan is in the right, it is concerned a U.S. Court might
rule against the GoJ, or perhaps more likely, call on senior
GoJ officials to testify. He referred to cases that he
termed precedents in which the Department had filed a
statement of interest as early as the discovery phase (see
para 3). He asked that the Department reconsider its
position, communicated in Washington, declining to intervene.



3. (SBU) FM Kasrawi handed Charge a non-paper, the text of
which follows.

Begin text:

Non-Paper

The Foreign Ministry appreciates the prompt attention that
the esteemed Department of State has given to our request for
a Statement of Interest to be presented by the esteemed
Department to the U.S. District Court in the case brought
against the Hashemite Kingdom of Jordan by Ahmed Chalabi.

We understand that the Department of State had decided not to
accede to our request because it believes that Jordan has a
strong chance to prevail on its motion to dismiss the case
and because there is no sufficient precedent for cases in
which the Department of State had submitted such statements
of interest.

While we respect this decision, and appreciate the
willingness of the Department to revisit the matter if
necessary at a later stage in the litigation, we
nevertheless, call upon the Department to reconsider its
decision not to submit a Statement of Interest at this time.

Our legal counsel explained to us that, while Jordan raises
strong arguments in its current motion to dismiss, there is
substantial uncertainty in the U.S. litigation and Jordan
cannot be assured of success on the motion. Our legal
counsel also informs us that, if the motion to dismiss is
denied, top ranking Jordanian officials (and most likely top
ranking U.S. officials) may be subject to discovery by
Chalabi's attorneys on matters of great sensitivity. Our
counsel advises us that a submission by the Department of
State of a Statement of Interest at the current stage, would
increase Jordan's likelihood of success in its motion to
dismiss substantially.

Additionally, the counsel for Jordan informed us that the
statutory authorization for a Statement of Interest, 28
U.S.C. SS 517, does not constrain the U.S. Executive Branch
from submitting a Statement of Interest at any stage of
litigation. The counsel adds that the esteemed Department of
State has in fact submitted such Statements of Interest at
the comparable stage of other cases and he cites the
following examples:

--Anderman v. Federal Republic of Austria, CV 01-01769
(C.D.Cal.);

--Malewics v. City of Amsterdam. No. 04-0024 (D.D.C.);

--Joo v. Japan, No. 00-2288 (D.D.C.);

--Walters v. People's Republic of China, No. 93-5118-CV-SW-1
(W.D.Mo.);

--Feng Suo Zhou v. Li Peng, No. 00-6446 (S.D.N.Y.);

--Jung Tang v. Chinese Cultural Center, No. KC028356 9
Sup.Ct. Los Angeles, CA);

--John Doe I v. Exxon Mobil Corp., No. 1-01-CV-1357 (D.D.C.);

--Republic of the Philippines v. Westinghouse Elec. Corp. No.
88-5150 (D.N.J.).

The Foreign Ministry should like to point out to the fact
that, in light of Chalabi's criticism in his Complaint of the
Iraqi policy of the United States and Jordan, our legal
Counsel draws our particular attention to Exxon Mobil case,
in which the Department of State expressed its concern that
the litigation there could be perceived as intruding upon
Indonesia's sovereignty and could be disruptive of U.S.
policy abroad.

The Foreign Ministry stresses the fact that this litigation
raises concern at the highest levels of the Jordanian
Government. Jordan is eager to maximize its chances of
prevailing in this litigation at the earliest possible stage,
and would immensely appreciate the esteemed Department's
assistance in this regard.

Amman. 26 October 2005.

End text


4. (C) Comment: Post cannot speak to the merits of the GoJ's
assertion of precedent on this issue. But the prospect of a
potentially embarassing summons of Jordanian officials while
in the U.S. to give testimony in the Chalabi case is likely
serious enough to warrant a careful review of the GoJ's
request. End comment.
HALE