SENATE CONFIRMS ATTORNEY GENERAL

C O N F I D E N T I A L SECTION 01 OF 02 MEXICO 002792

SENSITIVE
SIPDIS

E.O. 12958: DECL: 07/24/2019
TAGS: PREL PGOV PHUM PINR KCRM SNAR MX
SUBJECT: SENATE CONFIRMS ATTORNEY GENERAL

REF: A. MEXICO 002759

B. CIUDAD JUAREZ 000475

Classified By: Acting Political Minister Counselor James P. Merz.
Reason: 1.4 (b),(d).


1. (C) Summary. The Senate confirmed new Attorney General
Arturo Chavez Chavez on September 24 after what clearly were
backroom negotiations between the Calderon government and the
PRI. The ratification process has been a win-win for the
PRI, and in particular Senate leader Manlio Fabio Beltrones,
who secured some quid pro quo from the GOM, while
demonstrating that his party is a mature political actor.
The United States will continue to have a partner in PGR who
values a cooperative and productive relationship with USG
counterparts, even if Chavez may not be the leader to realize
a thorough transformation of his office or shepherd through
critical judicial reform measures. End Summary.

Chavez Sails Through Final Senate Vote
--------------


2. (C) The Senate confirmed new Attorney General (PGR) Arturo
Chavez Chavez on September 24 with 75 votes in favor, 27
against, and one abstention, belying the contentious
bickering between the major parties in the wake of his
nomination and tough confirmation hearings on September 21.
In addition to support from his National Action Party (PAN)
allies, a number of Revolutionary Institutional Party (PRI)
and Green Party (PVEM) senators also ultimately voted in
Chavez's favor. The Revolutionary Democratic Party (PRD) and
Workers Party (PT) opposed his ratification until the end,
with the PRD citing his inattention to Ciudad Juarez's
femicides and his lack of prestige domestically and
internationally.
The Political Horse-Trading
--------------


3. (C) President Calderon secured PRI support for Chavez's
ratification through PRI Senate leader Manlio Fabio Beltrones
as a result of quid pro quo backroom negotiations. It is
unclear whether this was done on the front-end of the
process, which would mean the public party debates since
Chavez's nomination have largely been for political theater.
More likely, the deal was cut in the days just before the
vote. Beltrones was vague in a conversation with the
Ambassador last week on Chavez's prospects for confirmation
and offered no firm promise of PRI's endorsement (ref a).
PRI Secretary General and high-profile senator Jesus Murillo
Karam said following the vote that the party's move was a nod
to the spirit of the law -- which says the President has the
right to name and remove the Attorney General -- rather than
wholesale backing of Calderon's selection. While the details
of any potential deal have yet to be revealed, one theory
floated by a high-level National Human Rights Commission
(CNDH) official close to Beltrones is that Beltrones
consented to the ratification in exchange for PRI's securing
its candidate for the next CNDH president, who is due for
replacement on November 16. The CNDH presidency would be
useful for the PRI to attack the GOM's human rights record
from a position that is not technically or directly
party-affiliated. It would also spare PRI leaders, many of
whom as governors find themselves vulnerable to human rights
criticism, from overly critical attacks. The new CNDH
president's term would last through the 2012 presidential
elections.


4. (C) The ratification process has been a win-win for the
PRI with the party playing its cards well. It used the
process to improve its historically questionable human rights
credentials by targeting Chavez's weak human rights
performance as Chihuahua Attorney General. Moreover, the PRI
-- and in particular, Beltrones -- now have an important
"chit" in with the GOM in return for their support for an
Attorney General who is already vulnerable to criticism. The
PRI's post-vote public commentary has put the onus on
Calderon for his choice and minimized its own responsibility
for his ratification, which will allow the party more leeway
to criticize Chavez's future performance and past as the PRI
finds it convenient for political advantage. Finally, the
PRI is able to once again bill itself as a responsible
player, capable of mature political exchange. As Karam

MEXICO 00002792 002 OF 002


claimed, the PRI has demonstrated that it is made of true
"men of the State."

Comment
--------------


5. (C) With Chavez's confirmation, Mexico has a new Attorney
General with long-time PAN credentials and adequate legal
experience that will serve the Calderon administration's
purposes (ref b). While questions have been raised about his
treatment of some organized crime investigations and his
inability to tackle the problem of femicides while Chihuahua
Attorney General, core U.S. legal and law enforcement
interests should be safe. We fully expect to maintain a
cooperative and productive rapport with PGR given Calderon's
recognition of the importance of our bilateral relationship
and Chavez's own openness to working with us in Chihuahua.
What Mexico does not have is a dynamic Attorney General
capable of and committed to transforming the PGR apparatus,
pressing aggressively the difficult task of judicial reform,
and overcoming the historical divide between PGR and SSP.
The PRI and PRD will try to take advantage of any misstep to
attack Calderon for making cabinet choices based on party and
personal loyalty vice sterling qualifications. Depending on
the gaffe and the people involved, the PRI could also call
into question the President's commitment to human rights.
The coming weeks may provide more insight into what Calderon
gave up to the PRI in order to see Chavez in the Attorney
General's Office.

Visit Mexico City's Classified Web Site at
http://www.state.sgov.gov/p/wha/mexicocity and the North American
Partnership Blog at http://www.intelink.gov/communities/state/nap /

FEELEY