SCENESETTER: AG GONZALES MEETING WITH INTERIOR

S E C R E T BERLIN 001160

SIPDIS

SIPDIS

DOJ FOR OIA/BRUCE SWARTZ

E.O. 12958: DECL: 04/28/2016
TAGS: KJUS PTER PREL PGOV GM
SUBJECT: SCENESETTER: AG GONZALES MEETING WITH INTERIOR
MINISTER SCHAEUBLE

REF: BERLIN 987

Classified By: Charge d'Affaires John A. Cloud, for Reasons 1.4 (b) and
(d)


1. (C) Summary. Interior Minister Schaeuble, a loyal ally in
the war on terror, looks forward to discussing ongoing as
well as additional cooperation with the U.S. Our work to
date, as with his predecessor, in fighting terrorists and
international criminal groups, while excellent, is sometimes
limited or hampered by our differing legal systems. Key
cases in this regard: Germany sought your intervention in the
Moussaoui case and German officials are embarrassed that
Mohammed Atta's accomplice Motassadeq is out on bail in
Hamburg while awaiting his appeal. Given Schaeuble's
counterterrorism convictions, he may be able to break a
logjam and find new ways to work more closely with the U.S.,
for example, in fingerprint sharing. Like Justice Minister
Zypries in her May 17 meeting with you, he may raise
sensitive cases. As you are aware, Chancellor Merkel is
meeting with the President May 3 and may/may raise concerns
about specific cases as well. End Summary.

Schaeuble on Counterterrorism
--------------


2. (C) Schaeuble (like Chancellor Merkel, a Christian
Democrat) remains out in front of Justice Minister Zypries
(and her Social Democrats) in urging more aggressive German
counterterrorism actions.

- After the Constitutional Court ruled that the German
military may not shoot down hijacked airliners, Schaeuble
called for a new law to make it possible, which Zypries
opposes.

- Schaeuble called for preventive detention to prevent
terrorist attacks, a concept which Zypries opposes.

- He successfully lobbied for a limited role for the German
military to help support security requirements for the Soccer
World Cup; she opposed a military role.

- Schaeuble supported interrogations to prevent terrorism;
Zypries spoke out against torture and "treatment that
violates the dignity of a person" and regretted that German
officials had questioned an individual in Guantanamo Bay.

Schaeuble has directed his ministry to build upon former
Minister Schily's proposal for a third post-9/11 package of
law changes to further strengthen Germany's counterterrorism
regime. Ministry staff tell us it may include key elements
the U.S. has sought, including expanded powers for German law
enforcement and better and more integrated databases.
Schaeuble has also sought immigration reforms to promote
integration and make easier the deportation of extremists.


3. (C) Schaeuble needs to deal with political sniping from
opposition parties regarding the previous SPD/Green
government of Gerhard Schroeder and allegations of U.S.
rendition activities as well as press articles on
intelligence cooperation in the run-up to the war with Iraq.

Eager for USG Interaction
--------------


4. (C) Schaeuble, a devoted and long-standing
trans-Atlanticist, sought meetings with U.S. counterparts
upon assuming office to demonstrate strong counterterrorism
cooperation and was disappointed you had to cancel your
January visit. Schaeuble travels with difficulty because he
is confined to a wheelchair after an assassination attempt in
October 1990, nine days after reunification, by a mentally
unstable person. Nonetheless he had told his staff that if
other priorities prevent your and Secretary Chertoff's travel
to Berlin, he will go to Washington.

U.S. Priorities
--------------


5. (C) The Legal Attache presented the Interior Ministry
months ago with a proposal to share as many as four
categories of fingerprint data: criminals convicted,
individuals under investigation, individuals suspected of
having committed a crime, and those on the German list of
individuals posing a threat (Gefaehrderliste). Aside from
its merits outright, this proposal forms a part of Homeland
Security Presidential Directive Six (HSPD-6). Schaeuble may

be concerned about precedents and German and EU privacy law.
You should tell him we are prepared to be flexible and remind
him that as he has said publicly himself the fight against
terrorism requires us to share information about common
threats. This applies to fingerprints as well as more
general data sharing, which we have also sought to expand.
Germany needs to find a way to make increased fingerprint
sharing possible.

Schaeuble Bilateral Priorities
--------------


6. (C) Schaeuble's staff say the topics he may raise include
the Moussaoui sentencing (and possible aftermath/backlash),
which you discussed with Justice Minister Zypries, and the
case of 9/11 co-conspirator Mounir el-Motassadeq. The German
Constitutional Court ordered Motassadeq released February 7
pending the appeal of his August 2005 conviction and sentence
to seven years' imprisonment for membership in a terrorist
organization. The Constitutional Court's ruling did not
address the merits of Motassadeq's appeal, a ruling on which
is expected in summer 2006. A central issue in the
Motassadeq case was the unavailability of witnesses,
including Khaled Sheik Mohammed, who the defense stated might
have potentially exculpatory information and whom the court
assumed were in U.S. custody. Schaeuble may also raise
fingerprint sharing.

Sensitive Cases
--------------


7. (S) The German Bundestag established April 7, after months
of media and political speculation, an investigatory
committee to look into German intelligence service activities
in Iraq, alleged rendition flights, and the alleged detention
of German citizens. These issues remain sensitive throughout
the German political spectrum. Schaeuble himself stated
publicly late March that the U.S. would "soon" release German
resident / Turkish national Murat Kurnaz from Guantanamo. He
might also raise German citizen Khaled el Masri and Germany's
pending request for legal assistance. El Masri filed a civil
suit in the United States. Germany also sought information
in 2005 about the alleged rendition, reported in the German
press, of Egyptian citizen Abu Omar from Italy via the U.S.
Air Base at Ramstein in Germany.


Other Schaeuble Priorities / World Cup
--------------


8. (C) Schaeuble's Ministry, responsible for security as well
as sport, is in final preparation for the 9 June - 9 July
Soccer World Cup: 12 venues, 32 teams, 64 matches, 3 million
fans. Germany is cooperating with numerous countries,
including the U.S., to provide security: U.S. agencies
including the FBI will provide liaison officers and the
Terrorist Screening Center has negotiated a way for Germany
to use a subset (non-U.S. citizens) of the terrorist
screening database to screen those issued credentials.


9. (U) Schaeuble is currently (April 28) embroiled in a
controversy over remarks he made following the recent beating
of a German-Ethiopian by apparent right-wing extremists.
Schaeuble was accused of being insensitive to the plight of
the victim, who is still in a coma, when he said that
"blue-eyed, blond-haired people" were also the victims of
attacks. Schaeuble has since apologized for the tone of his
remarks.
CLOUD