There are two remote possibilities to block the investigation. One way is to provoke an incompatibility issue within the Milan procura. This could force the investigation to be transferred to Brescia where it would have to start over from scratch.

Two attempts have been made to bring this about. The first involoved Renato Farina's disinformation campaign that alleged the former PM on the case, Stefano Dambruouso, (not to be confused with Sismi agent Stefano D'Ambrosio) had been an accomplice in the kidnapping. Had it gone through, it would have forced a transfer to Brescia for manifest conflict of interest. A procura cannot investigate its own magistrates.

The second attempt was the denunciation last week against the Milan procura for a series of fantasy charges by the ex-president of the Republic, Francesco Cossiga. If there were any substance to his accusations, this would also force a transfer of the case. However, his charges are arguably slanderous and without consequence. Just good for Cossiga's daily ration of national headlines.

That is ploy number one. Now for ploy number two.

Prodi, in full violation of his promises and his own personal story, applies the State Secrecy clause which would gravely hamper a final judiciary ruling by subtracting key evidence in the case.

Successful prosecution against deviant Sismi agents has been undertaken in the Billygate affair and a slush funds case in the Nineties. Despite the application of the State Secrecy clause in the Bologna Train Station massacre of 1980, prosecution went through on the whole, although severely compromised. Prodi, who hails from Bologna, should revoke the State Secrecy clause in this particular case.

Follow-up. The recent developments I've been posting emphasize Italian involvement in the kidnapping of Abu Omar. There are specific responsibilities for two major crimes: the actual kidnapping and the subsequent cover-up. The arrests in Italy these past days are unraveling the cover-up in which at least one arrest warrant has been issued for an American agent on that charge. However most of the attention has been concentrated on Italian involvement during this phase.

It is highly unlikely the 26 American citizens will ever materially stand trial with the possible exception of Robert Lady Seldon. Robert Lady presented a defense memorial through his lawyer following his arrest warrant. To my knowledge, no CIA agent has ever done so.

Procedure is that the Minister of Justice must inform American authorities of the arrest warrants issued against their citizens and request they be turned over according to treaty. The previous Minister of Justice refused to countersign the previous request and the present Minister of Justice has declared that he will also refuse to countersign. This formal act towards a foreign state- or rather it's refusal to follow through by the government in this case- will complicate procedure but not prevent alternative solutions.

By law a person cannot be tried in absentia unless national interests or sovereignty have been violated (or if the person relinquishes his right to be present during his trial, which is more common than one suspects). This interpretation has been successfully applied in the recent case against Mario Lozano accused of first degree murder of Nicola Calipari and attempted murder of Giuliana Sgrena and the other SISMi agent.

It is most likely that the 26 agents will be tried in absentia because of the grave violation of Italian national interests. The Italian accomplices will of course stand trial.

Whatever, the 26 agents risk arrest if they set foot in Europe without diplomatic immunity or in any nation that has extradition conventions with the European Community.