Secondo uno dei tanti cablogrammi inviati in patria dai diplomatici Usa di stanza in Italia, Berlusconi, benché non indebolito dalle inchieste nei suoi confronti, è sicuramente distratto nel suo impegno di governo proprio dalla necessità di doversi difendere dalle accuse. In un altro, del 2003, l'ambasciatore americano sostiene invece come le accuse nei confronti del premier indeboliranno non solo lui, ma l'immagine dell'Italia all'estero. Ecco il testo integrale dei due cablo.
C O N F I D E N T I A L SECTION 01 OF 02 ROME 001143 NOFORN SIPDIS E.O.
12958: DECL: 10/07/2019 TAGS: PGOV, PREL, IT
SUBJECT: ITALY: CONSTITUTIONAL COURT REJECTS LAW GRANTING CRIMINAL IMMUNITY TO TOP OFFICIALS ROME 00001143 001.2 OF 002 Classified By: CDA Elizabeth L. Dibble for reasons 1.4 (b) and (d).
¶1. (C/NF) SUMMARY: The Italian Constitutional Court declared unconstitutional a 2008 law granting temporary criminal immunity to PM Berlusconi and three other senior officials. The court's decision will allow several pending criminal cases against Berlusconi to proceed. Government spokesperson Paolo Bonauiti called the ruling blatantly political and said Berlusconi's center-right government will finish its five-year mandate, "as decided by the Italian people." Berlusconi's response was more emotional as he lashed out against "communists" on the court and a media culture dominated by the left.Berlusconi also broke a political taboo by taking direct aim at President of the Republic Giorgio Napolitano whom he said was "elected by a leftist majority" and that we "know which side he is on."Berlusconi holds a solid majority in both chambers of parliament, and his government is not immediately threatened by this ruling. However, the decision has weakened him politically, and defending himself from criminal investigations could become a significant distraction.Berlusconi's harsh criticism of Napolitano also threatens further divisions between Berlusconi and the President of the Republic. END SUMMARY. COURT RULES AGAINST LAW GRANTING IMMUNITY - - - - - - - - - - - - - - - - - - - - -
¶2. (SBU) On October 8, Italy's Constitutional Court ruled nine to six that a 2008 law known as the "Lodo Alfano," which suspends criminal prosecutions against the top four institutional positions in the Italian state is unconstitutional. Declaring that the law violated constitutional guarantees of equality before the law, the decision will allow at least four criminal investigations against PM SilvioBerlusconi to proceed. The legal underpinnings of the ruling will also complicate any effort byBerlusconi's parliamentary majority to quickly pass a modified version of the Lodo Alfano--which is, itself, a modified version of a similar law previously rejected by the Constitutional Court. Berlusconi LONG PLAGUED BY CRIMINAL INVESTIGATIONS - - - - - - - - - - - - - - - - - - - - - - - - -
¶3. (SBU) Corruption and other criminal charges have plagued Berlusconi since he entered politics in 1994.Berlusconi says leftist prosecutors in a highly-independent judiciary are on a political witch-hunt, and he denies any guilt. Berlusconi has never been definitively convicted in a criminal case although several close associates have. To avoid a conviction in some cases,Berlusconi lawyers ran out the clock on the statute of limitations. In one case, a Berlusconi-controlled parliament reduced the statute of limitations on the category of crimes for whichBerlusconi was accused.
¶4. (C/NF) Italy's highly independent judiciary was a traditional refuge for communist party members during the Cold War. Moreover, the timing of judicial actions--including against some center-left officials--often appears political, including the October 5 decision by a civil court to rule againstBerlusconi's Finivest holding company on a long-pending Euro 750 million suit by a business competitor who claimed Finivest's corruption of a judge cost it business opportunities. Whether guilty of corruption or not,Berlusconi's many supporters have traditionally shrugged off the allegations as irrelevant in the same way they have forgiven his frequent sexual transgressions and public gaffes. Berlusconi ACCUSES THE COURT, THE PRESS AND THE PRESIDENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
¶5. (C/NF) Government spokesperson Paolo Bonauiti called the ruling politically motivated and saidBerlusconi's center-right government will finish its five-year mandate, "as decided by the Italian people." A visibly angered Berlusconi, speaking in an unusually shaky voice, responded emotionally to the verdict. He lashed out at the "red judges" on the Constitutional Court, and accused President of the Republic Giorgio Napolitano of "roots totally in the history of the left," saying Napolitano's recent appointment to the court proves "what side he is on."Berlusconi said 72 percent of the Italian press is controlled by the left (despite the fact he owns the lion's share of Italian media) and even criticized how variety shows often poke fun at the PM for his many sexual improprieties.Berlusconi continued that he "won't give up," and declared "Long live Italy! Long liveBerlusconi!" Reflecting the mood among many in ROME 00001143 002.2 OF 002 Berlusconi's party, one official told Poloff "this was a political coup d'etat conceived by entrenched powers opposed toBerlusconi." THE OPPOSITION/SOME ALLIES CALL FOR CALM - - - - - - - - - - - - - - - - - - - -
¶6. (U) Though more radical parties have called forBerlusconi to resign, Democratic Party (PD) Secretary Dario Franceschini said he hopedBerlusconi would not waste time trying to pass another law designed only to protect himself and criticized Berlusconi for attacking Napolitano. Significantly, President of the Chamber of Deputies Gianfranco Fini, a Berlusconi ally and co-founder of the ruling party who has recently feuded withBerlusconi, also toldBerlusconi to "respect the Constitutional Court and the Head of State." COMMENT:Berlusconi WEAKENED BUT NOT DEFEATED - - - - - - - - - - - - - - - - - - - - - - -
¶7. (C/NF) COMMENT:Berlusconi holds a solid majority in both chambers of parliament and is still popular with his political base. Moreover, the opposition Democratic Party is disorganized, and coalition dissidents are not strong enough to act againstBerlusconi--as much as some would like to. As a result, though weakened, Berlusconi's government is not immediately threatened by the negative ruling. Although it is still too early to predict the ultimate impact of the decision and imminent criminal investigations,Berlusconi's emotional outburst against the well-respected President Napolitano is likely to resonate badly with many Italians and might lead to further divisions between the two institutions. And, as Berlusconi himself has said, defending himself against criminal investigations will distract him from the work of the Italian people. END COMMENT. DIBBLE
C O N F I D E N T I A L
SECTION 01 OF 04 ROME 001971 SIPDIS E.O. 12958: DECL: 05/06/2013 TAGS: PREL, PGOV, IT, ITPREL
SUBJECT: PM BERLUSCONI'S LEGAL PROBLEMS COMING TO A HEAD
REF: A. ROME 1835
B. ROME 0757
C. ROME 0355
D. 02 ROME 0348
CONFIDENTIAL
PAGE 02 ROME
01971 01 OF 04 080841Z
CLASSIFIED BY: AMBASSADOR MEL SEMBLER FOR REASONS 1.5 (B) AND (D)
SUMMARY --------
¶1. (C) SENATE PRESIDENT PERA TOLD THE AMBASSADOR LAST MONTH THAT HE WAS CONCERNED ABOUT PRIME MINISTER BERLUSCONI'S LEGAL TROUBLES, AND FEARS THAT A MILAN COURT HE BELIEVES IS POLITICALLY BIASED AGAINST THE PM MAY ISSUE ITS VERDICT IN A JUDGE BRIBERY CASE TO COINCIDE WITH THE BEGINNING OF ITALY'S EU PRESIDENCY IN JULY. BERLUSCONI, IN THE WAKE OF THE APRIL 29 CORRUPTION CONVICTION (IN A DIFFERENT CASE) OF HIS FORMER LAWYER, HAS GONE ON THE ATTACK. VIEWING HIS LEGAL IMBROGLIO AS A POLITICAL STRUGGLE AGAINST LEFT-LEANING MAGISTRATES BENT ON TOPPLING HIM FROM POWER, BERLUSCONI HAS CALLED ON HIS GOVERNING COALITION ALLIES TO RALLY AROUND HIM. THEY, IN TURN, ARE HOPEFUL THAT A LEGISLATIVE SOLUTION CAN BE FOUND THAT WOULD PROTECT THE PM AND AVERT A HEAD ON COLLISION BETWEEN ITALY'S POLITICAL LEADERSHIP AND THE JUDICIAL BRANCH. A DRAFT LAW THAT WOULD PROTECT HIGH OFFICIALS FROM PROSECUTION WHILE IN OFFICE MAY SOON BE SUBMITTED IN THE PARLIAMENT, BUT THE CENTER-LEFT OPPOSITION IS SO FAR REFUSING TO SUPPORT IT.
¶2. (C) IN THE EVENT BERLUSCONI IS CONVICTED, HE WOULD HAVE THE RIGHT TO APPEAL AND WOULD REMAIN FREE UNLESS THE CONVICTION WERE UPHELD BY THE SUPREME COURT. VARIOUS POLITICAL SCENARIOS ARE POSSIBLE. IF THE VERDICT IS RENDERED DURING ITALY'S EU PRESIDENCY, THE MOST LIKELY OUTCOME WOULD BE BERLUSCONI'S CALLING FOR A VOTE OF CONFIDENCE AND REMAINING IN OFFICE. THE TEMPTATION TO MOVE TO NEW ELECTIONS CONFIDENTIAL PAGE 03 ROME 01971 01 OF 04 080841Z AND CHALLENGE THE CENTER-LEFT IN THE VOTING BOOTH WOULD INCREASE AFTER THE PRESIDENCY, ALTHOUGH ONLY PRESIDENT CIAMPI HAS THE POWER TO CALL THEM. CIAMPI, CONCERNED ABOUT ITALY'S INTERNAL STABILITY AND INTERNATIONAL REPUTATION, IS TRYING TO PLAY A BALANCING ROLE BY URGING THAT JUDICIAL SENTENCES BE RESPECTED AND THE RIGHTS OF THE ACCUSED BE PROTECTED. WE ARE LESS CONCERNED ABOUT ITALY'S POLITICAL STABILITY THAN WE ARE ABOUT THE IMPLICATIONS OF A CONVICTION FOR BERLUSCONI'S ABILITY TO CONDUCT A SUCCESSFUL EU PRESIDENCY--AND HELP US ACHIEVE OUR GOALS--IF HE IS TARNISHED BY A GUILTY VERDICT. END SUMMARY. SENATE PRESIDENT WORRIED -------------------------
¶3. (C) SENATE PRESIDENT MARCELLO PERA ON APRIL 18 EXPLAINED TO THE AMBASSADOR, WHO PERA HAD ASKED TO VISIT HIM IN HIS OFFICE, THAT HE WAS WORRIED ABOUT PM BERLUSCONI'S LEGAL TROUBLES (REF A). IT WAS THE SECOND TIME THIS YEAR THAT PERA HAD EXPRESSED SUCH CONCERNS TO AMBASSADOR SEMBLER (REF B). PERA WAS CONVINCED (NOT EXPLAINING WHAT LEAD HIM TO THE CONCLUSION) THAT A MILAN TRIBUNAL HAD ALREADY REACHED A VERDICT IN THE SME TRIAL (NOTE: THE PM IS ACCUSED OF BRIBING A JUDGE TO INFLUENCE A 1986 RULING ON A CORPORATE TAKEOVER BATTLE THAT INVOLVED A BID BY BERLUSCONI-OWNED FININVEST TO PURCHASE THE THEN STATE-OWNED FOOD CONGLOMERATE, SME. END NOTE). PERA SPECULATED THAT MAGISTRATES IN MILAN WHO, HE SAID, WERE WAGING A POLITICAL BATTLE AGAINST BERLUSCONI, WERE WAITING FOR AN "OPPORTUNE" MOMENT TO MAKE THE VERDICT PUBLIC. HE WAS WORRIED THEY WOULD DO SO CLOSE TO JULY 1, WHEN ITALY WILL TAKE OVER THE ROTATING EU PRESIDENCY, FOR MAXIMUM CONFIDENTIAL PAGE 04 ROME 01971 01 OF 04 080841Z POLITICAL EFFECT. THE GOI, PERA SAID, WAS CONSIDERING ITS OPTIONS TO COUNTER WHAT BERLUSCONI BELIEVES IS A POLITICAL VENDETTA BEING EXERCISED THROUGH PROSECUTORIAL MEANS. BECAUSE THE ISSUE WAS EXTREMELY SENSITIVE, HE EMPHASIZED THAT IT WOULD BE IMPORTANT TO HAVE PRESIDENT CIAMPI ON BOARD WITH ANY LEGISLATIVE SOLUTION. BERLUSCONI COMES OUT SWINGING -----------------------------
¶4. (C) SINCE THE AMBASSADOR'S DISCUSSION WITH PERA, BERLUSCONI APPEARS TO HAVE DECIDED THAT THE BEST DEFENSE IS A GOOD OFFENSE. IN AN OPEN LETTER PUBLISHED BY A NEWSPAPER (IL FOGLIO) SYMPATHETIC TO THE CENTER-RIGHT, BERLUSCONI COUCHED HIS LEGAL PROBLEMS IN POLITICAL TERMS AND UPPED THE ANTE. REFERENCING THE PROSECUTION AND POLITICAL DESTRUCTION OF HIS FRIEND AND POLITICAL MENTOR, FORMER PM BETTINO CRAXI, BY THE SAME MILAN TRIBUNAL NOW ADJUDICATING THE SME CASE, BERLUSCONI UNDERSCORED THAT HE WOULD DEFEND HIMSELF. CRAXI, WHO DIED IN DISGRACE AND EXILE IN TUNISIA, WAS LEFT TO TWIST IN THE WIND BY HIS ERSTWHILE POLITICAL ALLIES. BERLUSCONI MADE CLEAR TO CONFIDENTIAL CONFIDENTIAL PTQ7474 PAGE 01 ROME 01971 02 OF 04 080842Z ACTION EUR-00 INFO LOG-00 CIAE-00 SRPP-00 VC-00 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 OMB-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 SS-00 TRSE-00 T-00 USIE-00 PMB-00 DRL-01 G-00 SAS-00 /003W ------------------61B135 080842Z /20 P 071649Z MAY 03 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 9726 INFO NATO EU COLLECTIVE PRIORITY AMCONSUL FLORENCE PRIORITY AMCONSUL MILAN PRIORITY AMCONSUL NAPLES PRIORITY SECDEF WASHDC PRIORITY NSC WASHDC PRIORITY JOINT STAFF WASHDC PRIORITY C O N F I D E N T I A L SECTION 02 OF 04 ROME 001971 SIPDIS E.O. 12958: DECL: 05/06/2013 TAGS: PREL, PGOV, IT SUBJECT: PM BERLUSCONI'S LEGAL PROBLEMS COMING TO A HEAD HIS COALITION PARTNERS THAT THEY SHOULD THINK LONG AND HARD ABOUT ALLOWING HIM TO SUFFER THE SAME FATE. WHILE BERLUSCONI IS CERTAINLY LOOKING TO ENSURE HIS OWN POLITICAL SURVIVAL, THE PM'S BEHAVIOR SHOULD ALSO BE VIEWED THROUGH THE PRISM OF HIS CLOSE RELATIONSHIP TO CRAXI; HIS BELIEF THAT THE POWER OF CONFIDENTIAL PAGE 02 ROME 01971 02 OF 04 080842Z MAGISTRATES PURSUING WHAT HE SEES AS A POLITICAL AGENDA (HIS REMOVAL FROM POWER) THROUGH JUDICIAL MEANS MUST BE BROKEN; AND HIS RECOGNITION THAT THE CENTER-LEFT OPPOSITION IS WEAK.
¶5. (SBU) TACTICALLY, BERLUSCONI IS PURSUING A THREE-TRACK APPROACH. FIRST, HE USED A VOLUNTARY MAY 5 PUBLIC DEPOSITION IN MILAN TO CONDUCT A POLITICAL DEFENSE, SPEAKING AS MUCH TO PUBLIC OPINION AS TO THE ADJUDICATING MAGISTRATES. BERLUSCONI REVEALED THAT CRAXI HAD ASKED HIS FININVEST COMPANY TO INTERVENE TO HELP BLOCK THE PUBLIC SALE OF SME TO RIVAL INDUSTRIALIST CARLO DE BENEDETTI, BUT ASSERTED THAT BOTH HE AND CRAXI WERE ACTING IN THE PUBLIC INTEREST AS THE SALE WOULD HAVE DISADVANTAGED THE ITALIAN TREASURY. BERLUSCONI ALSO SAID HE HAD PROOF THAT FORMER PM GIULIANO AMATO KNEW ABOUT A KICKBACK DE BENEDETTI MADE TO THE NOW DEFUNCT CHRISTIAN DEMOCRATIC PARTY. HE ALSO IMPLICITLY IMPUGNED EUROPEAN COMMISSION PRESIDENT PRODI, WHO WAS PRESIDENT OF THE STATE-OWNED HOLDING COMPANY (IRI) INVOLVED IN THE PLANNED SME SALE (NOTE: PRODI IS ALSO WIDELY TOUTED AS THE MOST LIKELY CANDIDATE TO LEAD THE CENTER-LEFT IN THE NEXT NATIONAL ELECTIONS. END NOTE.) ALL OF THIS WAS TO CONVEY TO THE PUBLIC THAT, "THERE WERE A LOT OF SHADY DEALINGS SURROUNDING THE SME AFFAIR, BUT SEE HOW THE MAGISTRATES ARE ONLY OUT TO GET ME, WHO WON YOUR VOTES IN A DEMOCRATIC ELECTION."
¶6. (C) SECONDLY, BERLUSCONI IS EXAMINING HIS LEGISLATIVE OPTIONS. ONE POSSIBLE ROUTE IS PASSING A LAW, AS EXISTS IN SOME OTHER EUROPEAN COUNTRIES, THAT WOULD PROTECT HIGH OFFICIALS (THE PM, PRESIDENT OF THE REPUBLIC, AND PRESIDENTS OF THE SENATE AND HOUSE OF DEPUTIES) FROM PROSECUTION WHILE CONFIDENTIAL PAGE 03 ROME 01971 02 OF 04 080842Z THEY ARE SERVING THEIR TERMS. A MODERATE CENTER-LEFT POLITICIAN EARLIER THIS YEAR PROPOSED SUCH A MEASURE, WHICH BERLUSCONI AS WELL AS PERA AND PIERFERDINANDO CASINI, PRESIDENT OF THE HOUSE OF DEPUTIES, HAVE NOW ENDORSED. HOWEVER, PIERO FASSINO, LEADER OF ITALY'S LARGEST LEFT-WING PARTY (THE DEMOCRATS OF THE LEFT), HAS REJECTED IT, ARGUING THAT "POLITICAL CONDITIONS ARE NOT RIGHT FOR A MEASURE THAT WOULD PROTECT CURRENT OFFICE-HOLDERS." THE GOVERNING MAJORITY COULD PASS SUCH A LAW ON ITS OWN, BUT WITHOUT SOME CENTER-LEFT SUPPORT IT WOULD BE MORE SUSCEPTIBLE TO ALLEGATIONS THAT IT WAS CRASSLY SELF-SERVING. ANOTHER ALTERNATIVE IS TO REINTRODUCE FULL PARLIAMENTARY IMMUNITY FOR SITTING LEGISLATORS. IMMUNITY WAS LIFTED IN PART IN 1993 TO ALLOW MAGISTRATES TO PURSUE SWEEPING ANTI-CORRUPTION INVESTIGATIONS. FOR BERLUSCONI, REINSTITUTING PARLIAMENTARY IMMUNITY WOULD BE SWEET REVENGE ON THE JUDICIAL BRANCH. HOWEVER, PASSAGE WOULD REQUIRE CHANGES TO THE CONSTITUTION AND, THEREFORE, A MINIMUM OF SIX MONTHS.
¶7. (U) FINALLY, BERLUSCONI'S LAWYERS HAVE THREATENED TO CALL HUNDREDS OF ADDITIONAL WITNESSES--INCLUDING MINISTERS IN THE BERLUSCONI GOVERNMENT AND FORMER HIGH RANKING OFFICIALS--IN AN ATTEMPT TO DELAY A VERDICT AS LONG AS POSSIBLE. HOWEVER, THE DECISION WHETHER TO ALLOW THESE WITNESSES RESTS WITH THE MILAN COURT. CONVICTION SCENARIOS --------------------
¶8. (SBU) THE MILAN TRIBUNAL WILL RULE ON BERLUSCONI'S CASE AS A COURT OF "FIRST INSTANCE". THE LOSING SIDE (EITHER PM CONFIDENTIAL PAGE 04 ROME 01971 02 OF 04 080842Z OR PROSECUTOR) WOULD HAVE THE RIGHT TO APPEAL THE VERDICT. UNDER ITALIAN LAW, A PERSON APPEALING A CRIMINAL CONVICTION IS PERMITTED TO REMAIN FREE UNTIL A FINAL RULING IS RENDERED (UNLESS BEING HELD IN PREVENTIVE CUSTODY, INAPPLICABLE TO THE CASE IN QUESTION). APPELLATE DECISIONS ARE OFTEN REVIEWED BY THE ITALIAN SUPREME COURT, WHICH IS MORE INCLUSIVE IN WHAT IT REVIEWS THAN IS ITS U.S. EQUIVALENT. THUS, IF BERLUSCONI WERE CONVICTED, AND THAT CONVICTION WERE UPHELD ON APPEAL, THE CASE WOULD ALMOST CERTAINLY BE ACCEPTED BY THE SUPREME COURT FOR ADJUDICATION, LIKELY PUSHING A FINAL RULING ON THE CASE SEVERAL YEARS INTO THE FUTURE. BEARING THIS IN MIND, SEVERAL POSSIBLE SCENARIOS PRESENT THEMSELVES IN THE EVENT THAT BERLUSCONI IS CONVICTED THIS SUMMER AND THAT NO LEGISLATIVE SOLUTION HAS BEEN FOUND IN THE MEANTIME.
¶9. (C) IN DESCENDING ORDER OF LIKELIHOOD, BERLUSCONI COULD REBUFF CALLS FOR HIS RESIGNATION BY ARGUING--AS HE DID IN THE RECENTLY CONCLUDED PREVITI CASE (REF A)--THAT THE MILAN MAGISTRATES HANDED DOWN A "POLITICAL VERDICT," AND THAT HE HAS ULTIMATELY BEEN ACQUITTED ON ALL CHARGES IN EVERY TRIAL AGAINST HIM THAT HAS RUN ITS FULL COURSE. (NOTE: CHARGES CONFIDENTIAL CONFIDENTIAL PTQ1272 PAGE 01 ROME 01971 03 OF 04 090048Z ACTION EUR-00 INFO LOG-00 CIAE-00 SRPP-00 VC-00 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 OMB-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 SS-00 TRSE-00 T-00 USIE-00 PMB-00 DRL-01 G-00 SAS-00 /003W ------------------623BC8 090049Z /34 P 071649Z MAY 03 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 9727 INFO NATO EU COLLECTIVE PRIORITY AMCONSUL FLORENCE PRIORITY AMCONSUL MILAN PRIORITY AMCONSUL NAPLES PRIORITY SECDEF WASHDC PRIORITY NSC WASHDC PRIORITY JOINT STAFF WASHDC PRIORITY C O N F I D E N T I A L SECTION 03 OF 04 ROME 001971 SIPDIS E.O. 12958: DECL: 05/06/2013 TAGS: PREL, PGOV, IT SUBJECT: PM BERLUSCONI'S LEGAL PROBLEMS COMING TO A HEAD AGAINST BERLUSCONI HAVE BEEN DROPPED IN SEVERAL CASES BECAUSE THE APPLICABLE STATUTE OF LIMITATIONS HAD EXPIRED. END NOTE.) BERLUSCONI COULD USE ANY PENDING PARLIAMENTARY VOTE AS A DEVICE TO CALL FOR A VOTE OF CONFIDENCE IN HIS LEADERSHIP, WHICH WE BELIEVE HE WOULD WIN. IN ITALY, CONFIDENTIAL PAGE 02 ROME 01971 03 OF 04 090048Z PAROCHIAL CONCERNS CAN OFTEN TURN VERY SERIOUS AND COULD STILL CAUSE A GOVERNMENT CRISIS. HOWEVER, NONE OF BERLUSCONI'S KEY COALITION PARTNERS HAS AN INTEREST IN BRINGING DOWN THE GOVERNMENT OVER BERLUSCONI'S LEGAL PROBLEMS. THIS IS ESPECIALLY TRUE OF THE NORTHERN LEAGUE'S UMBERTO BOSSI, WHO HAS HAD HIS OWN TROUBLED HISTORY WITH ITALIAN MAGISTRATES AND HAS COME TO BERLUSCONI'S DEFENSE. MOREOVER, POLLS CONTINUE TO SHOW THAT THE PUBLIC IS STILL RATHER NUMB TO BERLUSCONI'S LEGAL IMBROGLIO. NEARLY ALL CENTER-RIGHT VOTERS SHARE BERLUSCONI'S VIEW OF THE POLITICIZED JUDICIARY; EVEN A CONVICTION WOULD NOT CAUSE THEM TO CHANGE THEIR VOTES.
¶10. (C) EARLY ELECTIONS ARE A POSSIBILITY AND BERLUSCONI IS USING THEM AS A RHETORICAL STICK TO THREATEN THE CENTER-LEFT, WHICH IS UNPREPARED TO GO TO THE POLLS. ONLY PRESIDENT CIAMPI IS EMPOWERED TO DISSOLVE PARLIAMENT AND CALL ELECTIONS, HOWEVER. WE BELIEVE HE WOULD BE LOATH TO DO SO BECAUSE IT WOULD DEMONSTRATE INSTITUTIONAL INSTABILITY AT A CRUCIAL MOMENT IN ITALY'S POLITICAL HISTORY AND THIS IS SOMETHING CIAMPI HAS WORKED HARD TO PROTECT AGAINST. BERLUSCONI COULD, HOWEVER, RESIGN, FORCING CIAMPI TO ACT. HOWEVER, IT SEEMS UNLIKELY TO US THAT HE WOULD DO SO IN THE MIDDLE OF THE EU PRESIDENCY. A RESIGNATION, FOLLOWED BY NEW ELECTIONS, WOULD BE MORE LIKELY IF A CONVICTION WERE HANDED DOWN IN 2004.
¶11. (C) FINALLY, WHILE THE OPPOSITION COULD CALL ON CIAMPI TO ORGANIZE A TECHNICAL GOVERNMENT TO USHER ITALY THROUGH ITS PRESIDENCY, THIS WOULD REQUIRE BERLUSCONI'S CONSENT AS LONG AS HE ENJOYS A PARLIAMENTARY MAJORITY. SUCH A SOLUTION WOULD CONFIDENTIAL PAGE 03 ROME 01971 03 OF 04 090048Z BE A REVERSION TO PAST PRACTICE AND A SEVERE DEFEAT FOR ITALY'S ONGOING POLITICAL TRANSFORMATION -- AGAIN, WE THINK CIAMPI WOULD BE DISINCLINED TO PURSUE THIS ROUTE, NOT LEAST BECAUSE HE PUBLICLY REITERATED THAT NO DEFENDANT IS GUILTY UNTIL PROVEN SO IN A COURT OF LAST APPEAL.
¶12. (C) CIAMPI, FOR HIS PART, WILL CONTINUE HIS EFFORTS TO CREATE A CLIMATE OF MODERATION. HE, LIKE PERA AND CASINI, IS CONCERNED ABOUT ITALY'S STANDING -- NOT ONLY IN THE EVENT OF A CONVICTION BUT ALSO IN TERMS OF THE IMAGE CREATED BY THE CONTINUING STANDOFF BETWEEN BERLUSCONI, THE OPPOSITION, AND CERTAIN MAGISTRATES (REF C). CIAMPI HAS THEREFORE SIGNALED THAT HE COULD ACCEPT A SOLUTION THAT PROTECTED THE HIGHEST REPRESENTATIVES OF THE STATE FROM PROSECUTION DURING THEIR TERMS IN OFFICE. HE WILL CONTINUE TO WORK BEHIND THE SCENES TO FORGE CONSENSUS AROUND THIS OUTCOME, WHICH MAY BECOME MORE PRACTICABLE FOLLOWING LOCAL ELECTIONS AT THE END OF MAY. EVEN THEN, HOWEVER, WE WOULD NOT PREDICT BIPARTISAN HARMONY, BUT AT MOST THE POTENTIAL ABSTENTION OF SOME OF THE MORE CENTRIST MEMBERS OF THE OPPOSITION. COMMENT -------
¶13. (C) CONVICTION OF THE ITALIAN PRIME MINISTER WOULD HARM NOT ONLY BERLUSCONI'S IMAGE, BUT ITALY'S AS WELL. UNFORTUNATELY, IT IS HARD TO ARGUE WITH PERA'S CONVICTION THAT A POLITICIZED MAGISTRACY HAS ALREADY DECIDED TO RELEASE A CONVICTION DECISION TIMED TO INFLICT MAXIMUM POLITICAL HARM ON THE CENTER-RIGHT MAJORITY: THE MILAN TRIBUNAL DID JUST THAT IN 1994, DURING BERLUSCONI'S FIRST TERM AS PM. DESPITE CONFIDENTIAL PAGE 04 ROME 01971 03 OF 04 090048Z NERVOUSNESS AMONG HIS COLLEAGUES, HOWEVER, BERLUSCONI HAS DETERMINED TO STRIKE FIRST, AND HARD, IN AN ATTEMPT TO FRAME THE ARGUMENTS FOR THE PUBLIC IN HIS FAVOR, BEFORE A DECISION IN THE SME CASE IS RENDERED. SILVIO BERLUSCONI WILL NOT GO QUIETLY INTO THE NIGHT, AND OF THIS HE HAS GIVEN THE OPPOSITION FAIR NOTICE. THE PM IS OBVIOUSLY DETERMINED TO DEFEND HIMSELF, HIS POLITICAL LIFE, AND HIS HONOR, BUT WE WONDER IF HE IS NOT ALSO ACTING IN PART TO VINDICATE, POSTHUMOUSLY, BETTINO CRAXI.
¶14. (C) WE REMAIN RELATIVELY SANGUINE ABOUT THE STABILITY OF THE BERLUSCONI GOVERNMENT. ITS MAJORITY IS LARGE AND WE THINK IT WILL HOLD, EVEN IN THE EVENT OF A CONVICTION -- AT A MINIMUM, THROUGH THE LENGTHY APPEALS PROCESS. HOWEVER, IN THE AFTERMATH OF THE DIVISIONS IN EUROPE OVER IRAQ, AND IN LIGHT OF BERLUSCONI'S INSISTENCE ON HAVING ITALY PLAY AN EQUAL ROLE AT THE EUROPEAN TABLE -- EVEN WHEN IT MEANS DISAGREEING WITH HIS COUNTERPARTS -- THERE MAY BE THOSE OUTSIDE OF ITALY WHO WOULD NOT OBJECT TO SEEING THE PM IN AN UNFLATTERING PUBLIC SPOTLIGHT AS ITALY'S EU PRESIDENCY SEMESTER COMMENCES. THAT MAY BE THE GREATER DANGER IF THE CONFIDENTIAL CONFIDENTIAL PTQ1275 PAGE 01 ROME 01971 04 OF 04 090049Z ACTION EUR-00 INFO LOG-00 CIAE-00 SRPP-00 VC-00 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 OMB-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 SS-00 TRSE-00 T-00 USIE-00 PMB-00 DRL-01 G-00 SAS-00 /003W ------------------623BDB 090049Z /34 P 071649Z MAY 03 FM AMEMBASSY ROME TO SECSTATE WASHDC PRIORITY 9728 INFO NATO EU COLLECTIVE PRIORITY AMCONSUL FLORENCE PRIORITY AMCONSUL MILAN PRIORITY AMCONSUL NAPLES PRIORITY SECDEF WASHDC PRIORITY NSC WASHDC PRIORITY JOINT STAFF WASHDC PRIORITY C O N F I D E N T I A L SECTION 04 OF 04 ROME 001971 SIPDIS E.O. 12958: DECL: 05/06/2013 TAGS: PREL, PGOV, IT SUBJECT: PM BERLUSCONI'S LEGAL PROBLEMS COMING TO A HEAD JUDICIAL TRAP THAT PERA AND OTHERS IN THE GOI FEAR UNFOLDS: WILL ITALY BE ABLE TO REGISTER A SUCCESSFUL EU PRESIDENCY, AND HELP US WITH OUR EU AGENDA, WITH ITS PRIME MINISTER TARNISHED BY A GUILTY VERDICT? CONFIDENTIAL PAGE 02 ROME 01971 04 OF 04 090049Z SEMBLER CONFIDENTIAL > 2003ROME01971 - Classification: CONFIDENTIAL