Back in the YPF trial: Trump administration recommended to the court to continue the lawsuit in the United States

WASHINGTON.- In a new setback for Argentina, the government of

Donald Trump

he recommended to the Supreme Court of Justice to reject the request of Argentina to withdraw from the United States the expropriation claim of YPF.

The Attorney General, Noel Francisco, has finally presented his opinion on the lawsuit before the highest court of the country, which must decide whether or not to accept a request from the national government to start the lawsuit brought by the Burford Capital Fund the United States. the courts of Argentina and Spain. Francisco recommended to refuse this request.

The rejection came with legal arguments, and despite the diplomatic and legal efforts by the government of Mauricio Macri for the Trump Government, ally of Casa Rosada, in order to reach a favorable decision for Argentina. A delegation of the government of Mauricio Macri, led by the Treasury's lawyer, Bernardo Sarabia Frías, went to Washington in late March to finalize the negotiations, looking for support. That did not happen

The government is now waiting for the final decision of the Supreme Court of Justice. The opinion of Francisco is not binding. But if by itself it was difficult to get a favorable decision without the help of the White House lawyer, it would be even more difficult. Government and country lawyers will start preparing for the trial in New York.

In a 19-page "amicus curiae" document, Francisco considered that the argument advanced by Argentina was invalid: the expropriation of YPF, decreed by Cristina Kirchner, was a sovereign act and was therefore protected by the law on sovereign immunity. Abroad (FSIA, by its acronym) of the United States, which recognizes the immunity of foreign states. Burford and the courts below allege that, since it is a contractual dispute, immunity does not apply and must be maintained in the United States. Francisco accepted this argument.