Identifier
Created
Classification
Origin
07BUENOSAIRES2361
2007-12-19 12:49:00
CONFIDENTIAL
Embassy Buenos Aires
Cable title:  

G7 AMBASSADORS ON MIAMI ARRESTS:

Tags:  PREL SNAR CJAN KJUS ASEC KPAO VE AR 
pdf how-to read a cable
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DE RUEHBU #2361/01 3531249
ZNY CCCCC ZZH
O 191249Z DEC 07
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9935
INFO RHMCSUU/FBI WASHINGTON DC IMMEDIATE
RHMFISS/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC IMMEDIATE
RUEHLO/AMEMBASSY LONDON 1233
RUEHRL/AMEMBASSY BERLIN 1094
RUEHOT/AMEMBASSY OTTAWA 0566
RUEHRO/AMEMBASSY ROME 1378
RUEHKO/AMEMBASSY TOKYO 0845
RUEHMD/AMEMBASSY MADRID 1955
RUEHCV/AMEMBASSY CARACAS 1639
RUEHBY/AMEMBASSY CANBERRA 0085
RUEHTC/AMEMBASSY THE HAGUE 0183
C O N F I D E N T I A L BUENOS AIRES 002361 

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/17/2027
TAGS: PREL SNAR CJAN KJUS ASEC KPAO VE AR
SUBJECT: G7 AMBASSADORS ON MIAMI ARRESTS:
TAKE THE HIGH ROAD

REF: A. BUENOS AIRES 2359


B. BUENOS AIRES 2346

C. BUENOS AIRES 2345

D. BUENOS AIRES 2336

Classified By: AMBASSADOR E. ANTHONY WAYNE FOR
REASONS 1.4 (B) AND (D)

C O N F I D E N T I A L BUENOS AIRES 002361

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/17/2027
TAGS: PREL SNAR CJAN KJUS ASEC KPAO VE AR
SUBJECT: G7 AMBASSADORS ON MIAMI ARRESTS:
TAKE THE HIGH ROAD

REF: A. BUENOS AIRES 2359


B. BUENOS AIRES 2346

C. BUENOS AIRES 2345

D. BUENOS AIRES 2336

Classified By: AMBASSADOR E. ANTHONY WAYNE FOR
REASONS 1.4 (B) AND (D)


1. (C) Summary. Ambassador briefed the Ambassadors and
Charges of Australia, Canada, Germany, Italy, Japan, the
Netherlands, Spain, and the United Kingdom on the December 11
arrest of three Venezuelans and one Uruguayan in Miami on
charges of operating as unregistered foreign agents.
Ambassador Wayne said the GOA's reaction indicates a lack of
understanding of how U.S. institutions work. The other
diplomats recommended that the USG educate the Argentine
public by explaining next steps in the U.S. judicial system
and offering concrete examples that demonstrate judicial
independence and impartiality. The diplomats opined that the
GOA's outrage over the issue is typical of the House of
Kirchner and demonstrates that President Cristina Fernandez
de Kirchner (CFK) does not represent a real change from the
policies of her husband, ex-President Nestor Kirchner. The
UK and Spain suggested that Kircher's polling data indicated
the anti-U.S. line was popular. They worried that CFK's
response will tie her closer to Venezuela's Hugo Chavez and
ultimately work against Argentina's long-term interests of
resolving outstanding problems such as Paris Club debt and
attracting foreign investment. All of the diplomats agreed
that the United States should continue to take the high road,
seeking opportunities to clarify the issue as a matter of
fact. End Summary.

--------------
Setting the Record Straight
--------------


2. (C) On December 18, Ambassador Wayne met with several
other resident ambassadors to brief them on the December 11
arrest of three Venezuelans and one Uruguayan in Miami on
charges of operating as unregistered foreign agents. In
attendance were Australian Ambassador Peter Hussin, British
Ambassador John Hughes, Canadian Ambassador Timothy Martin,

Dutch Ambassador Henk Soeters, German Ambassador Rolf
Schumacher, Italian Ambassador Stefano Ronca, Japanese Charge
Masaru Watanabe, and Spanish Charge Rodrigo Aguirre de
Carcer. Deputy Chief of Mission, A/LEGATT, and poloff
(notetaker) also attended.


3. (C) After the Ambassador briefed the group on the
arrests, the Spanish Charge asked if the timing of the arrest
two days after CFK's inauguration was to avoid embarrassing
her on the eve of her inauguration. Ambassador Wayne
explained that the arrests occurred because four of the five
suspects met on December 11, making the arrest possible. The
Dutch Ambassador then asked about the status of Argentina's
extradition request. Ambassador Wayne noted that the GOA
filed its extradition request on September 4, but had not
requested a status update from the USG until the Miami case
hit the press.


4. (C) LEGATT added that the USG was still reviewing the
GOA's request to determine whether there is probable cause
that U.S.-Venezuelan dual national Alejandro Antonini Wilson
committed an extraditable crime. He indicated that sometimes
GOA extradition requests do not meet U.S. legal standards due
to differences in our judicial systems. Even though Antonini
is a U.S. citizen, he can be extradited to Argentina, but it
depends on the circumstances, charges, and whether or not
there is an appeal. He noted that the GOA could request that
the USG conduct a deposition through our Mutual Legal
Assistance Treaty, but that the GOA has not made such a
request.


5. (C) When the Australian Ambassador asked how long the
Miami case would take to work through the U.S. judicial
system, LEGATT explained that it could take anywhere from 90
days to two years. He stated that the arrests were based on
probable cause, and that the case must now go before a
federal grand jury to review the evidence and issue an
indictment. If the suspects are indicted, the case then is
transferred to a district court, where the defendants will
enter a plea of guilt or innocence and a judge will decide
whether to offer bail to the suspects. Many things can
happen in the interim, such as a defense request to have
different trials for each of the suspects, evidence
suppression hearings, or a motion to dismiss, he stated. The
Dutch Ambassador suggested that it might help say the
Argentine public if the U.S. Embassy posted on its website an
explanation of the case's next steps in the U.S. judicial
system. Another Ambassador suggested that the Embassy offer
examples of cases where the FBI has investigated, prosecuted,
and convicted U.S. officials to demonstrate the impartiality
of the U.S. judicial system.

-------------- --------------
GOA Reaction Reflects Poor Understanding of US Institutions
-------------- --------------


6. (C) Turning to a discussion of the GOA's reaction to the
arrests, Ambassador Wayne suggested that the Casa Rosada's
strong reaction likely stems at least in part from its lack
of understanding of how U.S. institutions work. He stated
that the investigation is not on whether or not $800,000 was
smuggled into Argentina for CFK's election campaign. Rather,
the investigation is focused on unregistered foreign agents
operating on U.S. soil. As of now, it is not known if the
defendant quoted is telling the truth, he continued, but the
U.S. legal officials in Miami are reporting what he said.
Despite the harsh reaction from the Casa Rosada, he pointed
out that the GOA has not issued a statement explicitly
denying any wrongdoing. In the United States, there have
been many cases of reported illegal campaign funding, for
example, and many quickly deny any intentions to accept
illegal money and send it back, he stated.

--------------
We're Not the Only Ones...
--------------


7. (C) The Ambassador noted that the GOA reaction may not
only bode ill for U.S.-Argentine relations, and asked if
others thought that it foretells the default GOA strategy
when problems with other countries emerge in the future. The
Italian Ambassador agreed and remarked the USG is not the
only one the Kirchners have or will rail against. The
Italian Embassy, he disclosed, has kept tabs on all of the
public attacks the Kirchners have made against the Italian
government. "We all have experienced similar attacks made on
us", he stated. The British and other Ambassadors
subsequently detailed the Kirchners' ferocious and personal
attacks launched against the former French Ambassador. (See
para 11.)

--------------
Same Job, Different K -- or is it?
--------------


8. (C) The British Ambassador observed that the GOA
reaction is typical of the House of Kirchner, first under
former President Nestor Kirchner and now under CFK. He asked
rhetorically, where do you draw the line between the two?
The Kirchners' political vision is purely short-term, he
asserted, reacting only to what is in the headlines. Rightly
or wrongly, they have interpreted the arrests in Miami as a
U.S. political challenge to their administration. In a
regime that reduces everything to domestic political
advantage, the Kirchners' instincts tell them to lash out
against the United States, and their private polls tell that
their popularity has improved as a result, he concluded. He
said he understands that the Kirchners' own internal polls
suggest that they have risen in popularity since the
Kirchners' anti-U.S. attacks. The Spanish Charge agreed with
this assessment, adding that CFK's harsh response is no
different from her husband's behavior when events do not go
his way. This shows that CFK does not represent any change
in policy direction, he surmised. He said his information
was also that the polls show the anti-American rhetoric as
very popular with the Kirchners' electoral base.

-------------- --------------
CFK Reaction a "Fiasco" for GOA Long-Term Interests
-------------- --------------

9. (C) The Italian Ambassador opined that CFK can not
continue to attack the United States indefinitely.
Ambassador Wayne pointed out that new evidence and other
developments in the legal case may well emerge over time,
keeping the issue alive. The Spanish Charge indicated that
CFK's reaction was "a fiasco", given her intention to improve
relations with the United States and the American Jewish
Community and distance herself from Chavez. Now, she will
align herself even more closely with Chavez, he predicted.
Ambassador Wayne lamented this possibility, as the USG
honestly thought that under CFK there could be an opening for
resolving Paris Club debt, attracting foreign investment,
increasing education and technical exchanges, and encouraging
Argentina to play a more constructive role the region,
including perhaps in Bolivia.


10. (C) The British Ambassador then asked whether the
Ambassador had received any private GOA signals that CFK's
reaction to the arrest was temporary. Ambassador Wayne
stated that he had not and that the only reactions he had
received thus far had been through the press. He stated that
the GOA had turned down his offers to talk and explain the
situation, but he reminded the group that he would be seeing
Foreign Minister Jorge Taiana later in the day.

--------------
Take the High Road
--------------


11. (C) All of the other ambassadors agreed that the United
States should continue to take the high road, seeking
opportunities to clarify the issue in a matter-of-fact
manner, without apologies. Neither should the USG add to the
fire, by rising to the bait of the Casa Rosada's
conspiratorial accusations, they counseled. The UK
Ambassador pointed out that at least the Casa Rosada had not
made any personal attacks against Ambassador Wayne, unlike
their backlash against French Ambassador Francis Lott for
publicly saying just prior to mid-term elections in October
2005 that Kirchner's "populist" policies had endangered
French investment in Argentina. (He privately contended that
the Ambassador and Embassy should be alert for attempted
provocations.)
WAYNE