As Menem is beginning to realize, it may be more likely that he will be serving time in 2003 than moving back into the presidential palace. In his ruling, Urso cited evidence that Menem had masterminded the shipment of 6,500 tons of arms to Ecuador and Croatia between 1991 and 1995. Six years ago, when independent lawyer Ricardo Monner Sans launched the case, such a ruling was unthinkable. But Menem was president then. With the election of Fernando de la Rua from the opposition Alliance in 1999, the case burst into life, adding new meaning to the phrase Menem used to trumpet his government’s successes: “Menem did it.”
For all his legendary craftiness, Menem made an elemental mistake. Dazzled by his own power, he forgot that it would wane after he left office. During the 1990s he ruled Argentina like a king, glorying in the initial success of the convertibility scheme that pegged the local peso to the dollar, defeating hyperinflation and spurring growth. Although his party had a congressional majority, he increasingly ruled by decree. And with power came apparent impunity, whether it was driving his bright red Ferrari sports car at frightening speeds along the country’s highways or shrugging off a string of corruption scandals. The courts, packed with judges appointed by his government, threw out charges or let cases gather dust.
Judge Urso was no exception. Appointed largely because of his close relationship with Peronist politicians, he showed little enthusiasm for the arms case while Menem was in power. But prompted by his superiors–the unusually independent Second Federal Court–and under investigation for the increase in his wealth, Urso no longer responds to the commands of the man he used to refer to as “my boss.” To Menem’s fury, the judge first refused him permission to honeymoon with his flashy new bride, a Chilean former Miss Universe less than half his age. In a show of independence, Urso then commemorated the couple’s first month of marriage by ordering Menem’s detention. The hatred he has earned from Menem is a small price to pay for his popularity. Urso received spontaneous applause from shoppers at his local supermarket after deciding to charge Menem and is reportedly thinking of having his 532-page ruling bound so he can present it to his future grandchildren.
The judge’s sense of self-importance is partly justified. Menem is the first elected Argentine president ever to be charged under a democratic government. In all, the trial, which could last two years, has already yielded more than 40 suspects. It will now focus on what happened to the $100 million raised by the arms sales, only $40 million of which reached state coffers.
Luis Moreno Ocampo, regional head of anticorruption crusaders Transparency International, believes that the investigation has been fueled by an upswell of public discontent at government excesses. “Argentine society is clearly demanding more transparency, and that represents great progress,” he says.
Current President de la Rua promised a cleanup but has made little progress. He was shaken by allegations that his Alliance government last year bribed Peronist senators to vote for a labor-reform law. Lacking a majority in Congress and struggling to dig Argentina out of its long-running recession, the Alliance would apparently prefer to see the case dropped to avoid further political turmoil. But that may not be enough to save Menem. The former president has been largely abandoned by his party, which he still formally leads. While the loyalists turned out to celebrate his birthday, few senior party leaders were on show. After his rage has passed, Menem, like many politicians before him, will be left to reflect sadly on how quickly power can evaporate.