The Trump administration once again supported Argentina in the YPF trial

The Attorney General's Office reported that the United States Department of Justice submitted a memorandum to the New York Second Circuit Court of Appeals in support of the emergency motion filed by the Argentine Republic in the framework of the trial related to the YPF case.

The agency, led by Sebastián Amerio, reported that the document submitted by the U.S. judicial authority supports the country's request to suspend the discovery process following the ruling in New York courts.

On March 6, the Government of Javier Milei had filed an emergency motion with the objective of temporarily stopping that instance of the judicial process. Specifically, the request included the suspension of the document production phase (discovery), the requirement for sanctions and the evidentiary hearing scheduled between April 21 and 23, 2026

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According to the memorandum submitted by the Department of Justice, the discovery procedure currently under way is excessively intrusive and could conflict with fundamental principles that regulate relations between sovereign states.

In its document, the agency warns that these types of judicial requests directed against countries can generate diplomatic tensions and affect reciprocity in judicial treatment

between nations.

The presentation also stresses that the courts, when evaluating requests for suspension such as the one proposed by Argentina, must consider the public interest involved and the possible effects on foreign relations. In this context, the memorandum maintains that special consideration should be given to the position of the US Executive Branch when it comes to issues related to foreign policy

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In this way, the Department of Justice requested that the court take these factors into account when deciding the motion presented by the Argentine State. In particular, the document asks that the principles of international courtesy, reciprocity between States and the possible implications that the process could have in terms of foreign relations be considered

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The response of the Milei Government

The Treasury Office highlighted the support received from the Donald Trump Government and the legal strategy adopted by the Argentine State was ratified. The agency expressed its gratitude for the support and stated that it will continue to work in the country's legal defense

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In this regard, the institution indicated that it will continue to “exercise the representation of the National State with technical rigor and institutional responsibility, in defense of the interests of the Argentine Republic.”

The Department of Justice document, led by Pam Bondi, also refers to the impact that litigation against foreign States can have on the United States at

the international level.

According to the text, judicial processes of this type “may have important foreign relations implications for the United States and affect the reciprocal treatment that the U.S. government receives in the courts of other nations.”

In this context, the agency recalls that this type of dispute is usually governed by the Foreign Sovereign Immunities Act (FSIA).

These regulations establish, among other provisions, that assets belonging to foreign States located on U.S. territory enjoy, in general terms, immunity from judicial enforcement proceedings.

The memorandum also mentions a relevant precedent cited in the legal debate: the Republic of Argentina v. NML Capital case, related to the Argentine default of 2002. In that ruling, the U.S. Supreme Court found that the FSIA does not necessarily limit the scope of post-judgment discovery of the assets of a foreign State

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However, the court itself recognized at that time that there may be additional grounds for restricting such procedures.

In line with that criterion, the Department of Justice emphasized that “the United States has a substantial interest in ensuring that U.S. courts that oversee post-judgment discovery of assets of presumably immune foreign states adhere carefully to basic principles of relevance and are sensitive to the important issues of international courtesy, reciprocity and foreign relations posed by a potentially burdensome discovery.”