The Acting Secretary of State to the Ambassador in Peru ( Cooper )
769. Embtel 954 Sept. 2. Confirming Amb’s tel conversation today with Braden you should inform Pres his proposal not found practicable by Dept for following reasons: (1) actual judicial cooperation not effective since only Peruvian court would hear all witnesses; (2) under US military law written police statements inadmissible as evidence; (3) in court martial accused would have no opportunity interrogate or cross examine Peruvian witnesses. Further for your own confid inf acquittals by US court followed by Peruvian convictions might expose former to ridicule and in any event unfavorable publicity might result here on question of double jeopardy.
You should accordingly comply Dept’s 756 Aug 28 acceding to Peruvian Govt’s position re jurisdiction after seeking assurances outlined and expressing this Govt’s trust quick and speedy justice will be meted as well to all Peruvian citizens involved regrettable incident. Please cable text note submitted.
War Dept advised of above and is taking steps for immediate return Perú of Pvt Borli.