US embassy cable - 05AMMAN8521

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