US embassy cable - 05AMMAN6118

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