India-US Strategic News and Discussion

ramana · Post by **ramana** » 07 Jan 2014 03:33

Its good that Mr Dayal is writing about finding the root causes for the above incident. While at it one has to look at the underlying circumustances that allowed the root causes to persist. I had posted a few thoughts in the Indian Foreign Policy thread and will post a full write up next week.

http://forums.bharat-rakshak.com/viewto ... 9#p1564009

And read other posts in that thread.....

Nandu · Post by **Nandu** » 07 Jan 2014 07:01

Devyani Khobragade's lawyer has agreed to extent the indiction deadline by 30 days, which means the US now has more time to make a decision.

Jan 13 deadline no longer applies.

http://www.washingtonpost.com/world/nat ... story.html

TKiran · Post by **TKiran** » 07 Jan 2014 07:09

It is also good that we were giving extra previleges to Amirkhans, so that now when we have withdrawn them now. It is considered as retaliatory measure. Frankly, India doesn't have much leverage with US. whaterever leverage we had is also exhausted. We can't escalate the matter anymore. Wishful thinking apart, on 13th, DK would be indicted, and asked to be produced in the court. Arrest warrant would be issued. She would be arrested and stril searched again. That is how unkil will show middle finger to india. How dare a daleet woman is still staying in US, ans challenging unkil. What she got is still not enough. Kill her. Gang rape her" Famous dialogues of Villains in Telugu Movies in 80's The best way to aolve this problem is to fight another day. Live today so evacuate DK from US. She is not going to get G1 Visa. You aee Draupadi had to wait 13 years for her revemge. After after she was stripped

TKiran · Post by **TKiran** » 07 Jan 2014 07:32

Nandu wrote:Devyani Khobragade's lawyer has agreed to extent the indiction deadline by 30 days, which means the US now has more time to make a decision.

Jan 13 deadline no longer applies.

http://www.washingtonpost.com/world/nat ... story.html

That obviously means Unkil is giving more time to DK to leave US. He doesn't want to hurt her again. We are not able to understand the generousness of unkil. We are still thinking we can beat Unkil on his own turf. It would be good not to fight a loosing battle, but evacuate DK, and once she's safe in India, we can also play our game

Altair · Post by **Altair** » 07 Jan 2014 07:49

^ you want her to AWOL? Because she will be summoned to appear soon in court. I don't think it can help.

Nandu · Post by **Nandu** » 07 Jan 2014 07:56

The extension request came from DK's side. PB can still indict on the 13th. If he doesn't, it would at least mean that the DoS is talking to him about cutting some deal.

Philip · Post by **Philip** » 07 Jan 2014 08:06

It is not in the Yanqui DNA to apologise and acknowledge mistakes.Look at the huge cover-up of war crimes and "collateral damage" in Iraq,Af-Pak,etc. How many US grunts have been punished for the multitude of war crimes committed ?

The MEA reacted slowly because of the dead duck MMS regime's diplomatic "fellatio" of the US for a decade.The US was given privileges over and above the call of friendship.The previous incidents where pres,Kalam,the DM,Bollywood stars,etc. were treated like common criminals was atrocious and should've been immediately reciprocated in fullest measure.Had it been done years ago we would not be facing this nauseating "Ugly American" situation which looks heading further south as the dead duck regime of Citizen(to-be) Singh enters the "death rattle", kick-the-bucket finale.The US's stubborn refusal to acknowledge that it is at fault has been the straw that has broken the camel's back.Even its most ardent bumchums in babudom are appalled as they and their families could face similar treatment one day .

SSridhar · Post by **SSridhar** » 07 Jan 2014 08:20

Nandu wrote:DK Agrees to Waive Indictment Deadline

From the above, two interesting tidbits,

. . . postponement could ease pressure on the State Department, which has been at odds with federal prosecutors over the wisdom of the arrest and how it was conducted. . . Many State Department officials say the strip search and the lack of warning to the Indian government was beyond the bounds of normal diplomatic courtesy . . .

Indian officials declined to characterize their plans as a threat. But “it could all come out in the open like a can of worms,” said one senior official who was not authorized to speak openly to the media on the matter.

“What we have is a wide array of issues that are under the scanner. Each aspect will be proceeded on with due care, if we have to,” the official said. Among alleged irregularities the senior official mentioned the sale by U.S. diplomats of duty-free alcohol and other goods to those who are not legally entitled to them and the employment of diplomatic spouses without the necessary papers or tax filings.

Amber G. · Post by **Amber G.** » 07 Jan 2014 08:40

Nandu wrote:Devyani Khobragade's lawyer has agreed to extent the indiction deadline by 30 days, which means the US now has more time to make a decision.

Jan 13 deadline no longer applies.

http://www.washingtonpost.com/world/nat ... story.html

From above, what I have said before..

While several people close to the case would not cite any specific steps toward resolution, the postponement could ease pressure on the State Department, which has been at odds with federal prosecutors over the wisdom of the arrest and how it was conducted. Only the defense can waive the right to be indicted within 30 days after arrest.

To me, it seems like they want to give some face-saving method and drop the case. May be some kind of deal where DK (or others) agree not to sue etc.

In any case, I think it is okay move from DK's defense lawyer as grand-jury is quite unpredictable and could have had return the indictment making the case more complex. (This way they (both sides) have a little more time to reach some sort of deal)...

Meanwhile, I see that there are only 601 signatures on the WH petition.. (some were hoping it will reach thousands of signatures). American citizens may like to sign it, or promote it on their facebook or twitter..:
<link>

The petition reads:

Immediately drop all charges against Indian diplomat Devyani Khobragade

We protest the manner of detention of the Indian Deputy Consul General Dr. Devyani Khobragade on the 12 December 2013 in New York. There is perceptible animus in the manner in which the arrest was handled. Dr. Khobragade was arrested as she came out of her daughter's school, handcuffed, strip-searched, body cavity searched, swabbed and kept in a lock up in spite of her assertions of immunity. She is one of the faces of Indian government for the Indian community in the United States. Her public humiliation injures the sentiments of the Indian American community. Such incidents are bound to strain the Indo-US relations. We request that given the trauma and public humiliation that Dr. Khobragade has egregiously suffered, the criminal case against her should be dropped immediately.

SSridhar · Post by **SSridhar** » 07 Jan 2014 08:43

US Ambassador meets Foreign Secretary - The Hindu

Amber G. · Post by **Amber G.** » 07 Jan 2014 08:49

Here is another piece, saying the same thing I said about the big over-reach about PB's office.

Privately, US diplomats express frustration at their helplessness in the face of theatrical grandstanding by the ambitious federal prosecutor, Preet Bharara, an Indian-American who has launched a series of high-profile cases against Indians in America. For once, however, the zealous Bharara seems to have slipped up, because Khobragade was arrested at a time when she enjoyed full diplomatic (not just consular) immunity as an adviser to India’s United Nations mission during the General Assembly. The State Department’s handling of the matter – which included approval of Khobragade’s arrest – has been, to say the least, inept.

From: The Return of the Ugly American

ramana · Post by **ramana** » 07 Jan 2014 08:54

the State Department, which has been at odds with federal prosecutors over the wisdom of the arrest and how it was conducted.

This pious wish is at odds with State Dept behavior. It was SD that did not communicate the diplomatic immunity to the arresting authorities, it was the SD's BDS that conducted the arrest and used US Marshals for the rape, and it was SD that spirited the accuser's family surreptitiously from India using Embassy travel agents to book the tickets!

And in above post, SD approved of Khobaragde's arrest!!!

Looks like a clear case of running with the hares and hunting with the hounds!

SSridhar · Post by **SSridhar** » 07 Jan 2014 08:57

I agree that a court case could be unpredictable. It is for the US to figure out its own escape route. However, no resolution is acceptable unless all charges are dropped forthwith and DK is apologized to, either publicly or personally (and word must leak later on that an apology was offered which was accepted by her) by a suitably higher-level authority in the GotUS. This can be the only quid-pro-quo to mend the already damaged relationship. In any case, strict, pure reciprocity must govern the protocol and privileges of diplomats and ministers between the two countries in the future. This reckless and abominable US action has setback the relationship a good distance.

The State Department is saying (and leaking) everything to distance itself from the issue, but it is equally culpable in the case. We must find out what exactly happened. If DoS officials now feel that this whole issue was unwarranted, why was it allowed to go on with the knowledge of Kerry (which meant that Ms. Desai and Burns were also in the loop), even if one were to discount various theories floating around ?

g.sarkar · Post by **g.sarkar** » 07 Jan 2014 09:41

Amber G. wrote: Meanwhile, I see that there are only 601 signatures on the WH petition.. (some were hoping it will reach thousands of signatures). American citizens may like to sign it, or promote it on their facebook or twitter..:
<link>

The petition reads:
Immediately drop all charges against Indian diplomat Devyani Khobragade

We protest the manner of detention of the Indian Deputy Consul General Dr. Devyani Khobragade on the 12 December 2013 in New York. There is perceptible animus in the manner in which the arrest was handled. Dr. Khobragade was arrested as she came out of her daughter's school, handcuffed, strip-searched, body cavity searched, swabbed and kept in a lock up in spite of her assertions of immunity. She is one of the faces of Indian government for the Indian community in the United States. Her public humiliation injures the sentiments of the Indian American community. Such incidents are bound to strain the Indo-US relations. We request that given the trauma and public humiliation that Dr. Khobragade has egregiously suffered, the criminal case against her should be dropped immediately

Just signed the petition. Unfortunately, it will not meet the requirement at this rate.
Gautam

Amber G. · Post by **Amber G.** » 07 Jan 2014 09:45

I agree that a court case could be unpredictable....

Just a minor clarification because you may have misunderstood...I was talking about indictment, not the trial per-se, Grand Jury is quite unpredictable (I know, I have been on NY's grand jury

), and you hear only one side of the story (Prosecutor's).

pankajs · Post by **pankajs** » 07 Jan 2014 09:49

Nandu wrote:Devyani Khobragade's lawyer has agreed to extent the indiction deadline by 30 days, which means the US now has more time to make a decision.

Jan 13 deadline no longer applies.

http://www.washingtonpost.com/world/nat ... story.html

Although India believes it is within the Obama administration’s power to resolve the case, administration officials have repeatedly stressed that their hands are tied when it comes to legal matters. “We’re the diplomatic part that focuses on the relationship and all the issues we work together on,” spokeswoman Marie Harf told reporters at a State Department briefing. “There is a separate judicial and legal process that is working its way through right now.”

But the Indian government has said that the relationship itself is at stake.

Ties between the two countries have “been severely undermined,” Indian Foreign Ministry spokesman Syed Akbaruddin said. “This matter has a huge divisive potential in our relations with the United States.”

Many State Department officials say the strip search and the lack of warning to the Indian government was beyond the bounds of normal diplomatic courtesy.

Because SD claims its hands are tied India has rightly stressed that the responsibility of unscrambling this thing lies with the US side.

putnanja wrote:No business as usual with US till Devyani Khobragade issue resolved: India

[>>quote]Doraiswami firmly put across to the US envoy that "it is your process and you have to sort it out", sources said.[/quote<<]

pankajs · Post by **pankajs** » 07 Jan 2014 09:56

From the above

After Richard fled her home, Khobragade subsequently accused her of stealing items from the house and trying to extort support for a permanent U.S. visa. Indian government officials have provided copies of e-mail exchanges with the State Department indicating that the initial U.S. response to those charges — before Richard alleged abusive working conditions — was to cancel Richard’s visa and note that she had 30 days to leave the country.

Beyond the specifics of the case, India has presented the State Department with a document, dated Aug. 26, 2013, temporarily accrediting Khobragade to the Indian U.N. mission as an adviser through the end of December — a date that India argues would have afforded her full immunity at the time of her arrest.

Soon after the arrest, India froze the U.S. Embassy’s import of alcohol and other goods and removed security barricades from the New Delhi embassy complex, although police presence around the mission was increased last week.

The Indian official said officials in New Delhi are examining bank accounts tied to the American Embassy School, where they allege diplomatic spouses often teach without the necessary work permission and without paying taxes.

“The nub of the matter is that these are purely reciprocal steps; we expect our diplomats to be treated in the U.S. the way we treat their diplomats,” said Akbaruddin, the Foreign Ministry spokesman.

pankajs · Post by **pankajs** » 07 Jan 2014 10:08

ramana wrote:
the State Department, which has been at odds with federal prosecutors over the wisdom of the arrest and how it was conducted.
This pious wish is at odds with State Dept behavior. It was SD that did not communicate the diplomatic immunity to the arresting authorities, it was the SD's BDS that conducted the arrest and used US Marshals for the rape, and it was SD that spirited the accuser's family surreptitiously from India using Embassy travel agents to book the tickets!

And it had Curry's blessings as accepted by the SD spokesperson when this row irrupted. Why do we care if it was NYPD or US marshalls or other agencies .. It is for SD to ensure proper closure else it is their employees largely who will be subjected to reciprocal Indian standard procedure.

devesh · Post by **devesh** » 07 Jan 2014 10:15

Bharara should go down for this. it will cure that type of disease among NRI's for a long time to come.

Altair · Post by **Altair** » 07 Jan 2014 10:23

This may be OT but I am posting anyways.
Falluja and Ramadi (Iraq) which were in US control are now firmly in control of Al-Qaeda. It was here in Sunni Anbar Province where most US soldiers died. The Iraqi-Army lost many soldiers in a major push to evict Al-Qaeda last week. The main roads between Syria and Baghdad run through Sunni Anbar. The civil war in neighboring Syria has attracted foreign fighters and strengthened al-Qaeda in the region. This victory enabled AQ to forge a territorial chain of control stretching from Ramadi in central in Iraq, 110 km west of Baghdad, all the way to the northern Syrian town of Al-Raqqah, 160 km from Aleppo. It also brought the Iraqi military offensive to a standstill. Soldiers downed arms and fled and units still intact started falling back toward Baghdad, dumping their heavy weapons to hasten their retreat. The leader Abu Bakr al-Baghdadi, has openly declared they will establish an Islamic caliphate and threatened Israel, Jordan. The Nusra Front, Al Qaeda’s Syrian affiliate, has acquired strategic depth in Iraq. Its leader Abu Mohammad al-Julani (Golani) is expected to announce that his movement will join the new Islamist state.
All these events add up to Al Qaeda-Iraq, Al Qaeda-Syria and the Abdullah Azzam Brigades having come together for a mighty push to seize footholds in a vast swathe of Middle East territory, along a line running between three Arab capitals - Baghdad, Damascus and Beirut.
US wants an alliance with Iran to counter the gain of AQ in Iraq and Syria. Obama has been clear on this. The Geneva accord is only stage-1 of the rapprochement between US and Iran.

KLNMurthy · Post by **KLNMurthy** » 07 Jan 2014 10:26

ramana wrote: ...
Looks like a clear case of running with the hares and hunting with the hounds!

Result of too much loving embrace of TSP by SD, probably. Pakiness is highly contagious.

member_28352 · Post by **member_28352** » 07 Jan 2014 10:44

The way US wants to resolve this is for the Indian diplomat to enter into US justice jurisdiction by entering plea bargaining so that it can keep its face. This is a trap that India shouldn't fall for. India's stand has been and should be that DK is outside US justice jurisdiction. Period. It is for the US to drop charges against DK and let get go. The US appears reluctant to do this. In that context DK's attorney's request to postpone filing of charges will lead to further pressure on the US to resolve the matter to India's satisfaction. If the beef eaters are so pig headed about humiliating India even after this then so be it. Rest as AmberG has said should be taken up in due course of time. For starters Bharara should be made an accused in SR's AWOL and SR's family's evacuation from India. Various sections of the IPC (kidnapping, hiding from justice etc) should be applied on him and GOI should issue an Interpol RCN against him. PB will have the honor of being in company of assorted Mexican druglords, American and European paedophiles and assorted terrorists. I think he deserves his new found company.

PS: PB's tejpalsque voluntary admission of guilt and posting of the same in the justice dept website in extracting SR's family out of India will lead to 100% conviction in Indian courts. The moron !!!

PPS: Someday we shall have the satisfaction of seeing David Headley and Preet Bharara together being extradited in handcuffs

Amber G. · Post by **Amber G.** » 07 Jan 2014 11:15

Interestingly ... very interestingly ..PB's office is now saying that his office wants to negotiate but DK is not responding...

In the court papers filed by him, and released this night, he said "he has engaged in hours of discussion in the hope of negotiating a plea" with DK.

His office has "outlined reasonable parameters for a plea that could resolve the case but there was no response... and he is open to continue the talk...

member_28352 · Post by **member_28352** » 07 Jan 2014 11:18

^^^Doraiswamy and Sujatha Singh's comments of "its your process you handle it...." should be seen in that light.

Altair · Post by **Altair** » 07 Jan 2014 11:20

PB was a patsy in a game way way above his head. He is finished. There is no scenario in which he can come on top as victor. He can only choose between options which has comparatively lesser collateral damage.

Jarita · Post by **Jarita** » 07 Jan 2014 11:22

Yes PB is toast. Sepoys are made fall guys when Plan A fails

pankajs · Post by **pankajs** » 07 Jan 2014 11:23

PB's statements are contradictory to say the least. If "DK is not responding" then why does he say "he has engaged in hours of discussion". If DK is not responding then who is he engaged in "hours of discussion"?

Seems to me "DK is not responding" for "negotiated plea". That would give both SD and PB with a honorable out and leave DK looking like a culprit. And that is why Doraiswamy is reported to have said "its your process you handle it...." and not expect DK/India to bail SD/PB out of this mess.

g.sarkar · Post by **g.sarkar** » 07 Jan 2014 11:27

http://www.rediff.com/news/report/us-pr ... 140107.htm
US prosecutor Preet Bharara opposes Devyani's plea
January 07, 2014 11:40 IST
India-born US prosecutor Preet Bharara has told a New York judge that his office is opposed to the one-month extension of the deadline for charging Devyani Khobragade in a visa fraud case as sought by her, saying plea discussions can continue even after she is charged.
Khobragade's lawyer Daniel Arshack has submitted a request with Magistrate Judge Sarah Netburn of the US District Court for the Southern District of New York seeking postponement of the preliminary hearing date, currently scheduled for January 13 and extension of the indictment deadline by 30 days "to and including February 12, 2014".
Responding to Arshack's request, Bharara wrote to the judge that the government is not seeking an extension of the deadline for indictment.
He said the one-month adjournment of the January 13 preliminary hearing date has been sought in order to facilitate the plea discussions that have been ongoing between his office and Khobragade.
"This office remains receptive to continuing the plea discussions that have taken place over the past several weeks. We have participated in hours of discussion in the hope of negotiating a plea that could be entered in court before January 13," Bharara said.
"Indeed, as recently as Saturday, January 5, the government outlined reasonable parameters for a plea that could resolve the case, to which the defendant has not responded," he said.
Bharara pointed out that the plea discussions to resolve the issue can continue even after the indictment has been filed........"
Gautam

pankajs · Post by **pankajs** » 07 Jan 2014 11:30

Perhaps SD/PB are pushing for a monetary settlement where DK does not plead guilty. We have heard many such settlements on wall street. That would still be a victory for the maid and forever leave DK under cloud.

member_28352 · Post by **member_28352** » 07 Jan 2014 11:32

^^^ I am sure MMS, with his daughter in US, is pushing the MEA to accept this. After all according to him the English civilized India.

pankajs · Post by **pankajs** » 07 Jan 2014 11:34

I think it is time for Indian "standard procedure" to be applied without any delay. A condom for the lathi probe can be supplied as a courtesy beyond those extended to DK in NY like coffee, free talk time, etc.

Manas · Post by **Manas** » 07 Jan 2014 11:35

My first post on this topic.

1) Conceptually arresting & humiliating a foreign diplomat for a wage dispute with another foreigner on a govt passport does not make sense. This is not about an overzealous prosecutor, ill informed U.S. Marshal driven issue. This was a deliberate act to send a message and seems a spill over from other shadow boxing build up between Foggy Bottom & Indian MEA. Another step up the escalatory ladder.

2) One has to assume that Sec of State Mr. Kerry knew this was coming but may not have been informed (or did not seek details) about follow through and its culmination. The key players that signed off may not have been apprised of all the facts or if they were, did not fully comprehend that the case will not stand legal, moral, scrutiny. In essence the State Dept in its eagerness to "send the message" seems to have demonstrated Paki traits - tactical brilliance, strategic stupidity.

3) Foggy Bottom very tightly controlled the narrative the first few weeks and were confident that this would blow over as they expected the MEA to cave in - but over the last few days as India started to move the pawns to systematically tighten the noose around the U.S. diplomatic staff building legally strong cases to potentially arrest a few consular officials, foggy bottom seems to be realizing that the MEA means business this time. Now they are trying to hide behind excuses to find a face saving way out - diplomatic vs judicial process, let us pretend this did not happen and move forward, the relationship is too important etc.

4) Govt of India should realize that India is not important enough ally to the U.S. that after such a serious, uncalled for provocation - the U.S. despite all the "regret" noises has not a) Accredited Devyani to the U.N. (needlessly dragging the process on) b) No follow up calls from Sec of State (beyond the initial "non call" to the NSA c) Absolutely no push from the white house (President) to sort this out with such a 'strategic' ally. No phone calls from POTUS, no disptaching special emissaries etc.
To begin with this would not have happened to the U.K. Israel, Australian diplomats. In the unlikely event it did - Mr. Kerry and VP Mr. Biden would be in the foreign capital on day 2 mending fences. So the currrent GOI (and the new one in May/June) should basically write off the remainder of this presidency and consider that this administration is indifferent to India's interests and at best will pursue commercial interests of U.S. multi nationals - in essence if India is willing to cut big checks they will happily help sell "non strategic" wares.

5) The GoI, MEA is mostly responsible for this mis-adventure by U.S. authorities of arrest, humiliation of an Indian diplomat. No "reciprocal response" after they nagged Pres. Abdul Kalam, Ambassador Meera Shankar, Kritika Biswas arrest (daughter of the consular official), Diplomat Neena Malhotra also having been entrapped in a similar domestic worker wage dispute issue, opening up parking space in front on Indian embassy etc. Foggy Bottom was probably lulled into thinking that this episode will draw a few demarches and life goes on with $Biilions of C-17s, C-130s, Howitzers, GE414s, P8Is deals, NASA-ISRO Bhai/Bhai etc.

6) GOI cannot expect other nations to respect its citizens, diplomats or people of Indian origin in general till it acts and proves that it cares about its own. This is one area where the U.S. sets an example of moving heaven and earth to protect its citizens.

7) As an Indian American i am saddened by this. The U.S. has several imperfections (gun culture driven mass shootings, police brutality etc) just like India's own imperfections in other areas. But the one ill that is unique to India is that it discriminates against its own/non whites relative to "foreigners/caucasians". I have personally seen/experienced this at security counters at Indian airports where the CISF folks enforced one of their arbitrary rules of "one carry on, per person" against every guy that was non white and waved through every white guy with 2-3 carry ons with a wink and a nod.

>(8) While I am sad for what happened to Ms. Devyani (knowing what a cultural no-no, affront it is to a lady's dignity) in a way this is good that it finally woke up the MEA now that a foreign govt mistreated one of their own. These "holier than thou" IFS worthies have probably refused to help or completely ignored 1000's of Indian nationals, PIO's needing help for various issues in foreign lands.

9) Another big thing that commentators and observers in India can decipher from this is try and identify all the "resident non Indians". Mr. Shekar Gupta has clearly proved whose pay roll he is on.

10) Instead of blaming NRIs, PIOs by generally identifying them with "Preet Bharara" types Resident Indians are well served by putting the spot light on resident non Indians, pursuing RTI queries, triggering debates on why/how despite all the provocations leading up to this event - GOI saw it fit to extend non reciprocal VIP courtesies to U.S. diplomatic staff. Basically, show self respect and respect your own equally if not more than a white skinned foreigner. This needs a cultural paradigm shift. How a country navigates, responds to events like this can/will change the course of history and in some sense can prove to be a right of passage to enter the big leagues and be counted and not become an also ran.

g.sarkar · Post by **g.sarkar** » 07 Jan 2014 11:42

http://www.firstpost.com/world/devyani- ... 26063.html
Firstpost World Khobragade row leaves US official visits to Delhi in limbo by Uttara Choudhury Jan 7, 2014
"New York: The ugly America treatment shown Devyani Khobragade has created such bad blood that several visits by Obama administration officials are looking increasingly doubtful. With the diplomatic row stretching into its third week with little sign of resolution, India is in no mood to put out silver flatware and dine US officials at Hyderabad House in New Delhi. This has not stopped the US State Department from angling for invites and applying subtle pressure on New Delhi to host Nisha Desai Biswal, the US Assistant Secretary of State for South and Central Asia. "Our Assistant Secretary certainly looks forward to visiting India as soon as possible," State Department Deputy Spokesperson Marie Harf told reporters in Washington.
Biswal, who is Washington's first Indian American point-person for crafting US policy on South and Central Asia, announced during her swearing-in ceremony in November that she planned to visit India soon, her first country as assistant secretary of state, whenever the "calendars" could be synchronized. “Schedule of her visit is yet to be announced,” an Indian diplomat said cryptically. “Dates have not been fixed.” L'Affaire Khobragade threatens to damage what has otherwise been a decade of careful collaboration between the two countries as they deepen trade and defense ties........"
Gautam

Amber G. · Post by **Amber G.** » 07 Jan 2014 11:44

Meanwhile - saw some place, in a letter to editor a few questions from an aam admi in US to Preet Bharara :

- Does the case of payment of wages in disharmony of US Laws fall in the category of heinous crimes warranting an arrest of an Indian Diplomat, who is accorded immunity, under UN Convention, from arrest in criminal cases not so heinous?

- Does American Law on the subject, Court pronouncements or Departmental procedures promulgated from time to time, authorize a Police Officer to handcuff a woman accused who was not known for violent behavior, who did not resist arrest and who was not likely to abscond. If there are any such mandates please quote.

- What circumstance, if any, warranted the strip search? (Do not offer the lame excuse of standard procedure)

- Were any fraudulent or false documents used by Devyani Khobargade in USA to induce any person (including US Government) to do or omit to do anything which otherwise such induced person would not have done? (Please do not mention the documents produced by Sangeeta Richard before the US embassy in India along with her application for Visa as this conduct is not actionable in the United States - at best US Government can cancel the Visa and file a First Information Report with Indian Police) Please name these documents.

member_28352 · Post by **member_28352** » 07 Jan 2014 11:47

If DK is physically inside the UN building will US pandus/SWAT team chimpanzees physically enter the building to arrest her? If not then I say that we show the US the one finger salute and ask them to resolve the conflict in a dharmic fashion. The charges have to be dropped. DK's passport has to be returned. She has to come back with honour and dignity intact.

g.sarkar · Post by **g.sarkar** » 07 Jan 2014 11:53

pankajs wrote:Perhaps SD/PB are pushing for a monetary settlement where DK does not plead guilty. We have heard many such settlements on wall street. That would still be a victory for the maid and forever leave DK under cloud.

Wikipedia defines plea bargain as:
A plea bargain (also plea agreement, plea deal or 'copping a plea') is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Clearly, Dr.K has to first plead guilty, before anything happens. Now, this goes against everything the MEA or Dr. K has been talking about. A better deal would be to give her immunity, and simultaneously declare her persona non grata and deport her.
Gautam
PS
"If DK is physically inside the UN building will US pandus/SWAT team chimpanzees physically enter the building to arrest her? If not then I say that we show the US the one finger salute and ask them to resolve the conflict in a dharmic fashion."
This is an option, the US will not enter the Indian embassy/Consulate building, but she can not leave either, causing a long term harassment for her and the Indian diplomatic community.

pankajs · Post by **pankajs** » 07 Jan 2014 11:59

g.sarkar wrote:http://www.rediff.com/news/report/us-pr ... 140107.htm
US prosecutor Preet Bharara opposes Devyani's plea

GOI/CON position has been such that the only viable response to DK being charged on 13th Jan will be by arresting a US diplomat / family member in a fraud case followed by the Indian "standard procedure". Anything less will be seen as a sellout by CON and will invite a storm of media criticism followed by full blown political battle leading up to General Elections in April/May.

Amber G. · Post by **Amber G.** » 07 Jan 2014 12:04

Kerry is also getting lot of heat from other quarters too. May be the background of DK's arrest prompted Ed Royce (Chairman of powerful Foreign Relations Committee in US) to ask him why SD and Preet Bharara's office is not pursuing the similar case with Russians..

(The case with Russian diplomats was also highlighted in Indian Consul's Dayal's piece about DK incident..PB waited years before making any noise, *after* all the Russian diplomats either moved out, or transferred to UN or Washington to enjoy full immunity (vs what they enjoyed in NY consulate - a case very similar to DK except that NO arrest took place)

Congressman Ed Royce, Chairman of powerful Foreign Relations Committee, in a strongly-worded letter to Kerry, said he is deeply troubled by recent dozens of Russian diplomats and their dependents apparently engaged in systematic Medicaid fraud while in the US.

According to Preet Bharara, the Indian-American US Attorney for the Southern District of New York, 25 current and former Russian diplomats and 24 of their spouses allegedly participated in a scheme to illegally obtain Medicaid ..

"How will the Administration treat the 11 named defendants who, according to the US Attorney, remain in the United States? Will you ask the Russian government to waive their immunity so that they can be prosecuted? If not, will the Department declare them persona non grata?" Royce asked.

"How will the Administration treat the 38 named defendants who, according to the US Attorney, no longer reside in the United States? Will you request that they be extradited to stand trial? If not, will ..

Royce's comments came as the arrest of senior diplomat Devyani Khobragade on December 12 in New York for alleged visa fraud sparked outrage in India and prompted a diplomatic row with the US.

Read more at:
link

amit · Post by **amit** » 07 Jan 2014 13:00

Amber,

Going by the Washington Post article which states that the SD is pushing the blame on the Justice Department, it seems to me that PB is being primed as the fall guy in case MEA sticks to its guns. I think PB understands this and hence his desperation to get a plea bargain going. As pointed out any plea bargain - however sweetened it is - would entail first an admission of guilt. I just hope DK and MEA don't step on that because it's not just about this issue, it's about settling this maid trafficking allegation once and for all. Too many diplomats have been snared in this green card seeking scam by maids. I hope the trafficking issue does not get swept away as SR's ticket was bought by GoI and to allege she was victim of human trafficking is to allege that the GoI indulges such practices. I really wonder, what was PB thinking when he held that stupid press conference? I mean this man has political ambitions right? Does he have the brains?

But I'm not too sure if this one-month extension is such a good thing. Things, IMO, need to come to a head fast as otherwise there will always be a political temptation to cut a deal once the media and public memory about this incidents fades. I hope the pressure is kept on with all visits, including Biswal's which apparently had been postponed to the 13th and another reported visit by a defence delegation on the 15th kept on hold. Only any special emissary who may come to discuss this issue should be welcomed.

I think the tax fraud allegations (again going by the Washington Post article) spooked folks. Tax fraud is at least as much a serious crime (actually more serious) than allegedly underpaying maids.

pankajs · Post by **pankajs** » 07 Jan 2014 13:13

It is for US to decide which of its arm is at fault .. but we know from the presser after the arrest that Curry was in loop. SD cannot escape responsibility and in any case reciprocal Indian standard procedure will mostly be applied to SD folks.

Also the arrest and the subsequent events have proven once for all that the so called "strategic partnership" is just a lot of hot air.