US on identity of RP pols in spy case: Wait for trial

The US Embassy is not ready to identify the Philippine politicians who received possibly classified information from two Filipinos accused of spying in the United States.

"Any identification will have to come in the course of the trial" in the US, Lee McClenny, the embassy’s counselor for public affairs, told The STAR.

The Philippine government and certain pro-administration lawmakers have urged the Americans to identify the opposition politicians who received information from Leandro Aragoncillo, a retired Marine who worked as an intelligence analyst at the US Federal Bureau of Investigation (FBI), and Michael Ray Aquino, a former Philippine police official who fled the country after being implicated in the 2000 abduction and murder of publicist Salvador "Bubby" Dacer and his driver Emmanuel Corbito.

McClenny said the Philippine Embassy in Washington has been in touch with federal investigators handling the spying case.

"The US government is in regular and continuing contact with the government of the Philippines here in Manila and in Washington about a whole range of issues," McClenny said yesterday.

Aquino was indicted last week by a federal grand jury in New Jersey for conspiracy and for acting as an unregistered foreign agent. No indictment was sought for Aragoncillo, who is negotiating a plea.

Both men have been held without bail since last month. On top of overstaying his visa, Aquino is accused of passing classified information provided by Aragoncillo to opposition politicians in the Philippines.

Aragoncillo is under investigation for stealing classified information from the FBI and the office of Vice President Dick Cheney.

When the story first broke, several opposition politicians in Manila admitted they had received information from both Aquino and Aragoncillo, calling the two men "patriots."

Deposed President Joseph Estrada said Aragoncillo even visited him once in Manila. Other politicians who said they received information from the two men include Senators Panfilo Lacson and Aquilino Pimentel Jr. and Parañaque Rep. Roilo Golez. Former senator Francisco Tatad denied being among the recipients.

The stolen information allegedly included political assessment reports from the US Embassy in Manila, some of which were leaked to the Philippine press. The leaked reports allegedly showed US support for certain opposition leaders including Estrada and Lacson.

For several weeks the embassy refused to comment on the stories, saying it was a matter for federal investigators to handle. The embassy maintained its silence even after certain public officials criticized the supposed assessments, including Vice President Noli de Castro, who lambasted the alleged author of the reports, former chargé d’ affaires Joseph Mussomeli, now US ambassador to Cambodia.

Mussomeli has called the reports "complete nonsense."

Last Friday, US Chargé d’ Affaires Darryl Johnson finally broke his silence and called the reports "distorted."

"These alleged reports are part of the case that has been brought against these two people and at this stage it would not be appropriate to comment on the distorted portions that have been reported in the Philippine press," Johnson told reporters in Cebu.

"It is not appropriate because this investigation is still going on. I would say, however, that the versions of the stories that have been reported here are nowhere close to being accurate," Johnson added.

He said the spying case would not put a strain on bilateral relations, which he described as "very strong."

"Of course we would be concerned about any story of this kind that has to do with the national security of the United States. This is a criminal case that is currently under investigation and we do not have any comment on it here. I expect that there will be comment on it in the United States as the case develops. At this stage, it is still under investigation and the accused will have their day on court," he said.

He denied accusations by a Philippine bishop that the US was meddling in political conflicts here.

"The United States and Philippines enjoy very strong relations, and unfounded allegations of this kind are certainly inappropriate and absolutely not correct," Johnson said.

"We have a very close relationship, and President Arroyo was in the US recently and received a very warm welcome. I think that this sort of thing is very unfortunate but it is a matter for the US legal system" to resolve, he said.

Into NPA Hands?

Philippine officials said yesterday that the US has raised the possibility that some of the information allegedly stolen by Aragoncillo could have ended up in the hands of the communist New People’s Army (NPA).

According to National Bureau of Investigation (NBI) Director Reynald Wycoco, these were the issues raised by the FBI and the US Department of Justice officials during their meeting in Washington.

Wycoco relayed the results of their meeting to NBI Interpol division chief Ricardo Diaz and the concern by US authorities that "classified documents pilfered by Aragoncillo and Aquino might have ended up in the hands of local communists."

"The mere possibility that classified government information in the White House and FBI is now in the hands of local communists aggravates the concern of the US authorities, especially so because they have seen known leftists at the forefront of destabilization efforts and mass action," Diaz added.

During the meeting, the US authorities also dispelled fears that an ally of the Arroyo administration was among the illegal recipients of the confidential documents.

The statement was issued following claims by some opposition leaders that even officials allied with President Arroyo were included in the spy ring.

The US Attorney General had earlier clarified that no official from the Arroyo administration was involved.

"On the other hand, the leaked documents were selectively chosen by the beneficiaries here and only information that was not favorable to the President’s administration was used by them while keeping confidential the information that was not flattering to them," Diaz added.

Allegations were raised against Environment Secretary Michael Defensor after he reportedly admitted to having met Aragoncillo.

Defensor clarified, however, that he met Aragoncillo after he was introduced to him by former president Joseph Estrada at the Veterans Memorial Medical Center (VMMC) in Quezon City.

Defensor claimed he initially thought Aragoncillo was just a Filipino "balikbayan" visiting the jailed former leader at the VMMC.

Presidential Spokesman Ignacio Bunye, for his part, expressed doubts that Defensor was among the alleged recipients of the stolen information from Aragoncillo.

"I don’t think there is a need to clarify the matter with him (Defensor). That investigation is ongoing and this is being conducted by the US authorities," Bunye said.

Bunye pointed out the government has yet to initiate a separate investigation into the controversy following reported links between local politicians and Aragoncillo and Aquino.

He said that so far, only US laws have been violated. "This remains a US case," Bunye stressed.

Diaz, for his part, revealed the US might invoke the Mutual Legal Assistance Treaty (MLAT) with the Philippine government to prosecute the other suspects in the espionage case.

He said the US officials told Wycoco and the Philippine delegation in their Washington meeting of their resolve to file the charges against the three still unknown Filipino politicians in the spy ring.

"There is a distinct possibility that in a couple of weeks’ time, the US authorities will invoke the MLAT," Diaz said. "This is for the purpose of gathering evidence in the Philippines in connection with the Aragoncillo and Aquino cases."

Diaz explained that the fact that they might utilize the MLAT shows they need evidence coming from the Philippines. "It can only be admissible in court if it is done through proper channels," he said.

On the other hand, Bunye said the Philippine government is obligated to respond to the US request under MLAT.

Bunye pointed out the local politicians involved in the spy ring have damaged the credibility of Filipinos abroad which would make it harder for them to seek prestigious employment in the US.

Whoever is found to be involved in the espionage should apologize before the people, he said. — With Evelyn Macairan, Paolo Romero