VZCZCXYZ0000
OO RUEHWEB

DE RUEHBU #2346/01 3501905
ZNR UUUUU ZZH
O 161905Z DEC 07
FM AMEMBASSY BUENOS AIRES
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9911
INFO RUCNMER/MERCOSUR COLLECTIVE
RUEHCV/AMEMBASSY CARACAS 1625
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RHMCSUU/FBI WASHINGTON DC
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC

UNCLAS BUENOS AIRES 002346 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL SNAR CJAN KJUS ASEC KPAO VE AR
SUBJECT: ARGENTINE AUTHORITIES STAY IN ATTACK MODE, 
IMPUGNING USG MOTIVES IN PROSECUTING VENEZUELAN AGENTS 
 
REF: (A) BUENOS AIRES 2345 (B) BUENOS AIRES 2336 (C) 
     BUENOS AIRES 2331 
 
¶1. (SBU) Action Request:  Embassy requests clearance of 
proposed talking points in paras 7-14 for use in 
backgrounding the media in response to GOA allegations. 
 
¶2. (SBU) Summary and introduction:  Following extensive 
positive media coverage on December 14 and 15 of the 
Ambassador's December 14 statement to the press (ref A), 
President Fernandez de Kirchner's (CFK) chief of staff, 
Alberto Fernandez, renewed the GOA's attacks on the USG for 
implicating CFK in the case of three Venezuelans and one 
Uruguayan arrested in Miami December 11 on charges of 
operating as unregistered foreign agents.  In remarks 
broadcast on December 15 and in a signed communique (text 
below) published December 16 in newspaper of record "La 
Nacion," Alberto Fernandez questioned the timing of the 
arrests, U.S. delays in responding to Argentina's request for 
the extradition of Alejandro Antonini-Wilson, and Antonini's 
role as witness for the prosecution.  End summary. 
 
GOA Rejects USG Overtures to Cool Dispute 
----------------------------------------- 
 
¶3. (SBU) Shortly after the Ambassador's mid-day statement to 
the press on December 14 (available on the embassy's 
website), the media began reporting his "attempt to lower the 
decibels" in the bilateral crisis, giving prominent coverage 
to his statement that it was one of the suspects in the case 
(Franklin Duran), not the USG, who had said that the "valija" 
money was intended for CFK's campaign.  Also widely broadcast 
and published were the Ambassador's explanation of the 
independence of prosecutors in the U.S. justice system and 
the transparency of criminal trials. 
 
¶4. (SBU) Unfortunately, the GOA failed to seize the 
opportunity to cool its anti-USG rhetoric.  Instead, 
Presidential chief of staff Alberto Fernandez -- the 
Cabinet's top Minister, and the government official 
considered closest to CFK -- responded December 15 by 
reiterating GOA assertions that the U.S. prosecution of four 
unregistered foreign agents was revenge for the creation of 
the Chavez-inspired Banco del Sur and for Argentine temerity 
in pressing Colombian President Uribe to negotiate with the 
FARC for the release of Ingrid Betancourt, and, more broadly, 
part of a U.S. plot to undermine solidarity among Latin 
American nations. 
 
¶5. (SBU) Over the air, Fernandez said, "We can only be upset, 
because what was done was a formidable procedural trap to 
prevent Antonini-Wilson from" being extradited to Argentina. 
"The investigation in Argentina made progress, many people 
gave testimony, and the extradition of Antonini-Wilson was 
requested in order to find out the origin and destination of 
the money.  And the U.S. systematically declined to send him, 
they never gave an answer, and said they were giving course 
to paperwork that took so long, showing little willingness to 
cooperate with the Argentine judiciary.  As time went by, we 
discovered the U.S. was not investigating the origin or the 
destination of the money, but was worried about what they 
refer to as the entry into their country of foreign 
operatives without due authorization.  And now, as a result 
of their investigation, Antonini-Wilson is not a suspect 
anymore, but a victim of extortion who must be protected. 
The outcome is that he has become a privileged witness, so it 
is very unlikely he will be sent back to Argentina." 
 
GOA:  "Excuses and Impunity" 
---------------------------- 
 
¶6. (SBU) Fernandez also published a communique under the 
headline "Excuses and Impunity" in paper-of-record "La 
Nacion" in which he repeats and expands on the GOA's charges 
against the USG.  The references to "Noriega" refer to former 
WHA Assistant Secretary Noriega, whose article critical of 
the Kirchners' handling of the Antonini-Wilson affair was 
published in "La Nacion" on December 14.  Post's informal 
translation of the Alberto Fernandez article follows: 
 
BEGIN INFORMAL TRANSLATION: 
 
To say the world has changed substantially in the last years 
is, at this stage, an irrefutable truth, as it is to say that 
Latin America today is undergoing a transformation of great 
magnitude.  The drawing together of a regional bloc based on 
the idea -- put forth marvelously by Lula -- that it is not 
 
 
possible to think of one's own development without thinking 
at the same time of the progress of neighboring countries on 
the continent has invigorated the movement of a region that 
for years, as a consequence of a well-advertised disunity, 
has been delayed. 
 
For sure, this state of affairs disturbs those who have 
hegemonic designs on the region.  To name just a few aspects 
that show how those hegemonic forces have suffered reverses: 
the loss of control of Venezuelan or Bolivian energy 
resources, the sight of Argentina and Brazil freeing 
themselves from the IFIs' manipulation of their economies, 
the revelation of the inadequacy of their policies that have 
not been able to free thousands of persons illegally deprived 
of their freedom by irregular forces in Colombia. 
 
What is striking is that now, against this backdrop, the 
United States government is using spurious means, such as 
those that have recently been revealed, with the goal of 
disturbing the region and triggering a crisis in the good 
relations that we (in the region) enjoy. 
 
Among these methods stand out the formidable display by the 
Department of Justice of the Republican government of the 
United States of America that, with the pretext of 
investigating the irregular entry of foreign agents into its 
territory, hopes to make the international community believe 
that the BRV was sending illegal contributions to (Cristina 
Kirchner's) campaign.  (Footnote:  In the United States, 
despite what they say, district attorneys and the FBI belong 
to the Executive Branch and therefore do not act 
independently of the Attorney General.  Recently, Alberto 
Gonzalez resigned that position for having "punished" 
district attorneys who were not disposed to "twist" 
investigations for political purposes.) 
 
Contrary to what Roger Noriega (former Assistant Secretary of 
State for Latin America) wrote in these same pages a few days 
ago, those maneuvers that he ponders so much, far from 
facilitating that the truth be known, have only managed to be 
twisted into protecting the main suspect. 
 
We know that a few months ago a U.S. citizen born in 
Venezuela tried to smuggle into Argentina the amount of 
$800,000.  We know this because it was the Argentine Airport 
Police that detected the suitcase stuffed with money.  We 
know this because it was Argentine Customs that reported the 
infraction to the competent court.  And we know this, 
finally, because it was the Argentine justice system that 
investigated the incident, summoned the person who attempted 
to smuggle the money into the country to testify to the 
court, and sought his extradition from the United States of 
America. 
 
Maybe what Noriega should be calling for is that his country, 
instead of proceeding as it did, make possible once and for 
all that the accused account for his responsibility before 
the Argentine courts.  Otherwise, he is endorsing a procedure 
that, on top of its harmful political consequences, converts 
the accused into a victim and transfers him to the world of 
impunity of protected witnesses thus keeping Argentine 
justice from clarifying what happened. 
 
Beyond the "security" that U.S. authorities have perfected in 
favor of the accused, the news of the procedure spreads 
doubts of a political nature that by any logic should not 
exist.  How do you explain that if the money was destined to 
the government's candidate, it was that same government that 
ruined the possibility of achieving that goal?  Why would 
President Chavez, who was arriving the next day on an 
official mission to Argentina with diplomatic prerogatives, 
have chosen to send money to Argentina by irregular means in 
care of a questionable character, subjecting him to the 
"risk" of searches?  How do you explain that those who were 
long-time business partners of the accused all of a sudden 
become Venezuelan agents extorting him? 
 
Contrary to what Noriega thinks, when President Fernandez de 
Kirchner characterizes what has happened as a "garbage 
operation," she is not neglecting her vocation to find out 
the truth but warning of the impunity that the main suspect 
thereby acquires. 
 
Maybe if he were extradited to Argentina, we could know for 
sure the origin and destination of that money.  But that 
won't be possible, because what happened in the North has 
aborted all possibility of getting that.  Now, the person who 
 
was investigated for smuggling and money laundering has been 
converted into the victim of a government that was extorting 
him.  Now it's more important to find out what these three 
"foreign agents were doing in Florida, even though they had 
been living there for years (???) (sic), than it is to find 
out if what happened on August 4, 2007, was planned somewhere 
with the purpose of derailing relation between Argentina and 
Venezuela, putting the squeeze -- by means of a fallacy -- on 
the leadership of both countries. 
 
Maybe it's time in this globalized world for the hegemonic 
power to back off from its intent to "discipline" Latin 
American countries at any cost.  If international relations 
are based on mutual respect, "intelligence operations" like 
this one are not exactly the way to go about it.  Relations 
become more solid when members of the community of nations 
treat each other as equals.  And for that, nobody should 
offend the intelligence and good name of another only with 
the intention of protecting a suspect who, maybe if he were 
forced to talk in Argentina, would provide the evidence that 
"should not" be known. 
 
END INFORMAL TRANSLATION. 
 
Proposed USG Press Line 
----------------------- 
 
¶7. (SBU) Given the extensive media coverage over the weekend 
to Fernandez's accusations, media reports that there will be 
another arraignment in Miami December 17, and the fact that 
FM Taiana has summoned the Ambassador to the MFA on December 
18, the Embassy expects an onslaught of media inquiries and a 
GOA version of the protest/response to the Ambassador. 
Embassy therefore requests Department clearance of the 
following proposed talking points for use as background press 
guidance, as well as any additional guidance the Department 
and other agencies can provide. 
 
¶8. (SBU) Extradition:  The U.S. has processed this request in 
accordance with its treaty obligations and established 
procedures -- contrary to statements made by GOA officials 
that the U.S. delayed, ignored, or blocked Argentina's 
extradition request for Antonini-Wilson.  We advised GOA 
officials -- including at the September 4 meeting when 
Argentina presented the State Department with the extradition 
request -- that these requests frequently take considerable 
time largely to ensure the rights to "due process" under our 
legal system.  The U.S. has a track record of acceding to 
foreign requests to bring people to justice when the requests 
are properly prepared.  We note that the U.S. has several 
extradition requests (including for murder charges) pending 
with Argentina that the Argentine authorities have been 
working on for several years without resolution. 
 
¶9. (SBU) Extradition continued:  The GOA has not pursued its 
extradition request vigorously.  Since it presented the 
extradition request to the USG on September 4, there has been 
no Argentine contacts with the USG on the status of the 
extradition request.  We have received nothing from the GOA 
presenting additional evidence, and no request for an update 
on the case.  (Background:  This absence of follow-up has not 
been for lack of opportunity.  GOA has passed up several 
opportunities with top USG officials to ask about process on 
the extradition request.  Those meetings include:  CFK's 
September 26 meeting with WHA A/S Shannon in New York, CFKs' 
meetings with Ambassador Wayne on September 20 and November 
30; FM Taiana's September 28 meeting with the Secretary in 
New York and his September 20 meeting with Ambassador Wayne; 
Interior Minister Anibal Fernandez's meetings with Ambassador 
Wayne on August 27, October 24 and November 19; Presidential 
Chief of Staff Alberto Fernandez's non-action on Ambassador 
Wayne's months-old request for a meeting.) 
 
¶10. (SBU) Focus of U.S. investigation:  The U.S. 
investigation and charges were related to the actions 
undertaken in the U.S. by certain non-Argentine individuals 
violating U.S. laws.  This was not an investigation of any 
laws broken in Argentina. 
 
¶11. (SBU) Origins of this case:  We are reminded that when 
the case of the $800,000 first became public, President 
Kirchner said, "I don't cover anything up.  When something 
happens, the people find out as they should, and we take the 
corresponding measures."  Moreover, the newspapers reported 
that Alberto Fernandez asked for an apology from Venezuelan 
officials. 
 
¶12. (SBU) U.S. cooperation on law enforcement issues:  The 
U.S. enjoys excellent cooperation with the GOA on the full 
range of law enforcement issues.  These issues include cases 
involving drug trafficking and trafficking in persons, 
counter-terrorism and working to ensure the safdety and 
security of our citizens in air travel.  A good recent 
example of cooperation to our mutual benefit was the U.S. 
case of Ernesto Guillermo Barreiro, who was deported by the 
U.S. to Argentina, where he was wanted on charges of 
suspected violations of human rights.  Another was the AMIA 
case, in which the USG cooperated closely with the GOA in an 
effort to bring to justice those accused of killing 85 
Argentines. 
 
¶13. (SBU) Independence of Judiciary:  The charges made by GOA 
officials challenging the independence of U.S. federal 
prosecutors are incorrect.  There are numerous cases, 
historically, of prominent public officials being brought to 
justice for various crimes.  These run the gamut from cases 
related to Watergate under Richard Nixon, the impeachment of 
Bill Clinton, former Secretary of Defense Caspar Weinberger, 
and the more recent case of the chief of staff of the Vice 
President of the United States, Scooter Libby.  These cases 
demonstrate clearly that the judicial system acts 
independently of the executive branch. 
 
¶14. (SBU) Charges that U.S. Intended to Undermine CFK 
Government:  We would simply point out the numerous instances 
of senior USG officials congratulating CFK on her election 
and expressing our desire to expand the many areas of 
cooperation we now enjoy.  These include President Bush, 
Secretary of Labor Elaine Chao, Assistant Secretary of State 
 
SIPDIS 
for Western Hemisphere Affairs Thomas Shannon, and Ambassador 
Wayne.  We had every expectation of opening a new chapter in 
our relationship and are disappointed by the comments we have 
seen from GOA officials attributing this case to a deliberate 
USG plot.  If the USG had wanted to undermine CFK, it 
certainly would not have waited until December.  The USG 
became aware of Franklin Duran's allegations that the 
$800,000 were intended  for the CFK campaign when Duran 
uttered them during an August 23 meeting with other 
co-conspirators.  If the USG had had some ulterior political 
motives, wouldn't the USG have made this allegation public 
before the Argentine presidential elections and the 
Venezuelan national referendum? 
 
WAYNE