862.20210/2133: Telegram

The Ambassador in Argentina (Armour) to the Secretary of State

2678. Embassy’s 2615, December 22, 5 p.m.4 Minister for Foreign Affairs informs me necessary documents based on Supreme Court request regarding Niebuhr were handed German Chargé d’Affaires on December 24. December 29 Minister called in German Chargé d’Affaires and asked him to hasten his Government’s reply as to whether Niebuhr will submit to courts jurisdiction since court begins its summer recess December 31. German Chargé d’Affaires indicated that it might require several days more. The Minister informed me that if German Government consents to Niebuhr waiving immunities Supreme Court is prepared to postpone its vacation to deal with case. If as seems likely German Government refuses Supreme Court then fades out of picture and Government will then decide next step. I said that I presumed this would be to declare Niebuhr persona non grata but Minister refused to commit himself.

Armour
  1. Not printed; the Ambassador indicated in this telegram the request of the Supreme Court that the Ministry of Foreign Affairs obtain a waiver of diplomatic immunity from Germany with respect to the Naval Attaché, and also the President’s refusal to intern those arrested as an infringement of the Court’s jurisdiction.