India-US Strategic News and Discussion

member_28352 · Post by **member_28352** » 07 Jan 2014 13:18

Per the US view "strategic partnership" is to supply India with soon to be EOL'ed C-17's at inflated prices so that we can airlift jawans to wherever Massa might want to do some "police action". Essentially India is to be one large Philippines. After that US supplies a few crumbs and says "good dog".

SSridhar · Post by **SSridhar** » 07 Jan 2014 13:21

amit wrote:Only any special emissary who may come to discuss this issue should be welcomed.

amit, I would say no special emissary comes to Delhi to "discuss" the case. What is there to discuss at this stage ? There is no quid-pro-quo here and India cannot offer anything in return because we have not yet arrested any US diplomat so far. They are welcome to come and apologize while simultaneously dropping charges against DK and letting normal diplomatic activities resume. I would also suggest that DK continues in her job in New York after the case is withdrawn (and without a maid and careful in driving her car around etc.).

pankajs · Post by **pankajs** » 07 Jan 2014 13:31

SSridhar wrote:
amit wrote:Only any special emissary who may come to discuss this issue should be welcomed.
amit, I would say no special emissary comes to Delhi to "discuss" the case. What is there to discuss at this stage ? There is no quid-pro-quo here and India cannot offer anything in return because we have not yet arrested any US diplomat so far. They are welcome to come and apologize while simultaneously dropping charges against DK and letting normal diplomatic activities resume. I would also suggest that DK continues in her job in New York after the case is withdrawn (and without a maid and careful in driving her car around etc.).

Agree except with the highlighted part. I would prefer she have a maid on Indian salary and go on with her normal life. The only change I would suggest is to keep paper dossa ever ready on every US diplomat in India and reciprocity to be automated. GOI will have to act only to stop the automatic process and not to set it in motion. That way US can have all chai-biscoot time it desires while the wheels of justice in India are turning. That will ensure immunity for our diplomats against harassment and mistreatment. I know all this is wishful thinking but that is the only true solution apart from having additional diplomatic protocol agreements with the US.

amit · Post by **amit** » 07 Jan 2014 13:46

SSridhar wrote:
amit wrote:Only any special emissary who may come to discuss this issue should be welcomed.
amit, I would say no special emissary comes to Delhi to "discuss" the case. What is there to discuss at this stage ? There is no quid-pro-quo here and India cannot offer anything in return because we have not yet arrested any US diplomat so far. They are welcome to come and apologize while simultaneously dropping charges against DK and letting normal diplomatic activities resume. I would also suggest that DK continues in her job in New York after the case is withdrawn (and without a maid and careful in driving her car around etc.).

Sridhar,

I think India needs to ratchet up pressure on the "human trafficking" angle as well, given that matters have been pushed back by a month. Much as I sympathise with DK about the trauma that she's been put through, the human trafficking angle with SR getting a T1 visa and her husband and children getting T2 and T3 visas is more serious since SR was sent to the US by the GoI on a ticket bought by the GoI and on an official passport issued by GoI.

According to the UN, this is the definition of human trafficking. Notice the words in bold:

Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs .

On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements;
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim
The Purpose (Why it is done)
For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.
To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by relevant domestic legislation.

The trafficking allegation is IMO an even graver misdemeanour, particularly since SR's family was spirited out of India because of what was termed as harassment and the "inablity" to get redress from the Indian court system.

The folks need to be reminded that desh is not a banana republic where you can pay "blood" money and get out.

pankajs · Post by **pankajs** » 07 Jan 2014 13:57

Mumbai: Devyani Khobragade's father holds march outside US Consulate

pankajs · Post by **pankajs** » 07 Jan 2014 14:01

<<deleted>>

pankajs · Post by **pankajs** » 07 Jan 2014 14:03

Here is the original from wapo.

A dispute best handled by India

Martina E. Vandenberg’s Jan. 2 op-ed, “No pass for diplomats,” on an Indian diplomat’s arrest in New York over a wage dispute with a domestic employee, was one-sided.

The diplomat was the first complainant in this dispute, both in New York and in India. Additionally, the domestic worker’s employment contract is partly with the government of India, which pays for her medical care, travel and significant portions of her salary and living costs. Therefore, any dispute should be resolved in an Indian court. It is surprising that a preexisting legal case in India and Indian diplomatic initiatives have been ignored. This case is about not the mistreatment of a domestic employee but rather U.S. laws being gamed for immigration purposes.

India’s demands are not unreasonable. These include respecting Indian legal processes and affording our diplomats the same immunities and courtesies under the Vienna Convention on Consular Relations that the U.S. government seeks for its officials posted abroad.

In India, U.S. diplomats have not been stripped of their identity documents. Those officials posted in consulates have been issued identity cards with stipulations similar to those their Indian counterparts receive in the United States. Nor has the U.S. Embassy in New Delhi been deprived of security, as Ms. Vandenberg suggested. Traffic barricades that blocked a public street have been dismantled, but the embassy continues to receive exceptional protection by the Indian government. If anything, security has been stepped up recently.

However, securing immunities and privileges for U.S. officials abroad is best done by respecting international conventions and according entitled courtesies in the United States.

Sridharan Madhusudhanan, Washington

The writer is press counsellor at India’s embassy to the United States.

Yogi_G · Post by **Yogi_G** » 07 Jan 2014 14:06

I don't understand, what is stopping the Indian court from invoking contempt charges against the SD, PB and even Kerry if need be? Wouldn't a interpol notice then be immediately out, this will ensure that the Indian origin never sets foot on this punya bhoomi again.

member_28352 · Post by **member_28352** » 07 Jan 2014 14:14

If Massa persists with the pig headed "our laws are sacrosanct and yours are hokum" BS for some more time expect all of the above to happen. Remember that this isn't about a maid being underpaid issue. This is a game of brinkmanship with a larger subtext. After success in Maldives Massa is determined to do some more in BD. In addition extant issues remain in PakAf region. In all its previous confrontations, be it Cuban missile crisis, sending USS Enterprise in 1971 into BoB, US has used brinkmanship and a high stakes game of bluff to browbeat its opponents. It seeks to do this here also. This is standard Massa SOP. In that respect DK's lawyers application to extend time for framing charges is a good move to force US to stop bluffing and blustering. Now if only we can keep our nerves. Also we need to get V'aditya to karwar. All Indian moves will be post that only. Hope extra security measures are being taken, especially near the coast.

rahulm · Post by **rahulm** » 07 Jan 2014 14:27

There is a real danger, as others have pointed out, the longer this goes on and the media coverage reduces, the greater the temptation for the GOI to cut a deal and close the affair.

The current nature and length of GOI response against the US is an outlier phenomena and goes against GOI institutional culture - if I can it that.

GOi retaliatory actions are graduated in a vernier scale (increments are too small).

Time and again it has been proven that US does not understand talk of damage, it only understands action. We shouted hoarse from every roof top about disarmament, unfairness of CTBT and India will "keep all options open" to no gain. It was only when the Buddha smiled again that US understood. This illustrates the US mindset.

Extending unilateral privileges to US consular staff does not help and I can't understand why we would do this.

GOI has to land a mid to senior level US consular office in Tihar (good news is Tihar is close to Chanakyapuri) on some criminal charge (tax evasion would be great) with an off the record gentle reminder of the SOP in Tihar and then see how quickly the US moves to resolve this issue on our terms.

Removing bollards (and then increasing police presence or threatening tax audits) is not going to impress a 800 pound Gorilla that is used to having things its own way most of the world (including with the GOI) but only understands force. The issue here is many MEA and GOI apple of their eyes and pride and joy would likely be studying in the US on student visas and just the mere reminder of this by the US would send the MEA and GOI babus re-considering such action.

SSridhar · Post by **SSridhar** » 07 Jan 2014 14:33

amit wrote:I think India needs to ratchet up pressure on the "human trafficking" angle as well

When I said what I said, it was about the DK case in NY. Of course, there is another issue which is the spiriting awy of Indian citizens, violation of Indian laws, contempt of an Indian court, tax evasion (both in buying tickets for SR's family and possible tax evasion in letting spouses of American consuls etc work in the American School without paying tax etc). GoI should pursue these cases independent of the DK case because these cases do not involve consular immunity etc.

KLNMurthy · Post by **KLNMurthy** » 07 Jan 2014 14:42

Altair wrote: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.

If and when PB runs for elected office, let's see how much support he will get from the Indian-american community. That will be a measure of how MUTU the community is.

KLNMurthy · Post by **KLNMurthy** » 07 Jan 2014 14:55

g.sarkar wrote: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

The comments section doesn't present a picture of an India united in its response to this event.

Altair · Post by **Altair** » 07 Jan 2014 15:04

KLNMurthy wrote: The comments section doesn't present a picture of an India united in its response to this event.

It is understandable. Most people are gullible by the All Powerful Main Stream Media. It takes years or perhaps decades to tune a persons natural thought patterns and instincts/gut feelings. MSM has succeeded in that aspect. It is only the lucky few like us here in BR who flew below the radar and escaped detection. At the same time how many know whats happening which is not being shown in the media and whatever being shown are outright lies by the Government itself. I dont blame anyone for being hostile and take US line, if at all I pity them.

pankajs · Post by **pankajs** » 07 Jan 2014 16:00

3 options available to US on Devyani Khobragade case: Sources

Even as prosecutors are pressing for indictment of Indian diplomat Devyani Khobragade on January 13, three possible options for resolving the issue are believed to be under discussion within the US administration.

Topping the three options is giving full diplomatic immunity to Khobragade, who was arrested in New York on December 12 on charges of visa fraud and misrepresentation, by accepting her credentials to the UN before the criminal charges are filed against her by the Department of Justice, sources said.

This is said to be the preferred option under present circumstances and is believed to be supported by those in the administration who are ardent supporters of India-US relationship and do not want the Devyani episode to derail the strengthening ties between the two countries.

The second option is to accept the UN transfer of 39-year-old Khobragade only after she is criminally charged. This would give some tense moments to both the Indian diplomat and also New Delhi, sources said.

The State Department had received the necessary paper work for the UN transfer of Khobragade on December 20. More than a fortnight after that the State Department continues to review the paper work and is taking an unusually long time.

The final option is to refuse to accept Khobragade's UN transfer due to pending criminal charges, the sources said.

Though the least preferred option, it is said to be advocated by those in the administration who want to "teach a lesson" to India for taking up retaliatory measures against the only super power of the world by removal of security barriers outside its Embassy in New Delhi and withdrawing privileges of its diplomats.

Though, currently in minority, supporters of the third option argue that other countries might soon follow the Indian path, if Washington does not take strong action against New Delhi.

However, sources said, no final decision has been taken as yet and it is very possible that a high-level intervention might be required to take a final call on resolving the issue.

The third option, friends of India-US ties in Washington argue, would derail the bilateral relationship at least for the next several years.

Khobragade has sought a one-month extension of the deadline for charging her in the visa fraud case but her plea has been opposed by the prosecution.

The US has categorically ruled out "apology" and "withdrawal" of charges against Khobragade.

The officials from both India and the US are having discussions on two parallel tracks -- one which is on the diplomatic front led by the State Department and the other being handled by the Department of Justice which involves lawyers.

Meanwhile, lawmakers, who returned from their Christmas and New Year vacation, have started inquiring about what went wrong with the India-US ties.

While they are waiting for the issue to be resolved, Congressional sources said some of the lawmakers are gearing up to ask the administration about the basic facts of the Devyani case.

Meanwhile, eminent Indian-American attorney, Ravi Batra, urged the State Department to select the first option of granting full diplomatic immunity to Khobragade.

"I would request our State Department to select the first of its three discretionary options: accept Devyani's UN transfer and give her full immunity before any criminal charges are levied against her; accept Devyani's UN transfer after she is criminally charged; or refuse to accept Devyani's UN transfer due to pending criminal charges," Batra told PTI.

Khobragade, who was the deputy Counsel General at the Indian Consulate here, was arrested and presented before the court following her arrest on a criminal complaint. The case was adjourned to January 13, 2014 for indictment or preliminary hearing.

A 1999-batch IFS officer, Khobragade was arrested for making false declarations in a visa application for her maid Sangeeta Richard. She was released on a USD 250,000 bond.

India retaliated by downgrading privileges of a certain category of US diplomats among other steps last month.

Khobragade has been transferred from the Indian Consulate to India's Permanent mission to the UN and the State Department is currently reviewing her UN accreditation application.

Indian hacks are so out of depth that mere reciprocity of privileges is termed as retaliation. What would happen if an American diplomat was arrested for fraud and given the Indian standard procedure?

pankajs · Post by **pankajs** » 07 Jan 2014 16:03

If DK had full diplomatic immunity on the day of arrest, as is claimed by GOI, then the only option is for the withdrawal of the case followed by full apology. I do not see why other options are being discussed.

merlin · Post by **merlin** » 07 Jan 2014 17:11

pankajs wrote:If DK had full diplomatic immunity on the day of arrest, as is claimed by GOI, then the only option is for the withdrawal of the case followed by full apology. I do not see why other options are being discussed.

They are being discussed to cloud the issue and make India ~~bend~~ crawl. Willingly aided by Indian MSM.

vic · Post by **vic** » 07 Jan 2014 17:16

Somebody should post the Copy of Mahabharat with Draupadi Chapter flagged to the State Department.

g.sarkar · Post by **g.sarkar** » 07 Jan 2014 18:04

KLNMurthy wrote: The comments section doesn't present a picture of an India united in its response to this event.

Sirji,
With due respect, comments are cherry picked. Try to write comments is a reputable US/UK paper that is against their interest and see if it gets published.
Gautam

pankajs · Post by **pankajs** » 07 Jan 2014 18:08

merlin wrote:
pankajs wrote:If DK had full diplomatic immunity on the day of arrest, as is claimed by GOI, then the only option is for the withdrawal of the case followed by full apology. I do not see why other options are being discussed.
They are being discussed to cloud the issue and make India ~~bend~~ crawl. Willingly aided by Indian MSM.

I think you are right. In addition, those are the options being talked up by the US establishment in response to the Indian stand. The Indian stand, as expressed in the rebuttal of the WaPo farticle, carries an implicit threat. The US options too carries the threat of "teach India a lesson". So I guess both sides are airing their starting positions or perhaps their final position?

pankajs · Post by **pankajs** » 07 Jan 2014 18:23

Time to set the wheels of justice in motion. A FIR needs to be registered against "unknown person(s)" in US embassy/consulate for Visa/Tax/labor fraud. It would be nice if any human rights/slavery/racial discrimination related charges can be sustained. Announce to media that investigations have started in earnest to identify the "person/persons" who have perpetrated the above mentioned fraud. Such a move will start the process of bringing the US and Indian actions in sync and clearly convey our intent to reciprocate.

Leave the name out for now and can be substituted later once the US allows the case against DK to proceed.

Altair · Post by **Altair** » 07 Jan 2014 18:31

MEA has a bomb ready for delivery. Waiting for US-SD action/inaction before 13. Will post more details.

member_22872 · Post by **member_22872** » 07 Jan 2014 20:19

Didn't want to give publicity to change.org petition, hence not posting the link, but here is the Petition Against DK:

Devyani Khobragade, India’s deputy consul general in New York, was recently arrested for visa fraud- allegedly paying her housekeeper Sangeeta a mere $3.31 per hour (instead of the $9.75 required under US law), and lying to the US officials about Sangeeta’s real wage and working conditions. In fact, the official complaint alleges that Sangeeta was working “far more than 40 hours per week,” making her wage even less than $3.31. More details of the case involving threats to Sangeeta’s family have emerged since the arrest. While the arrest has sparked a diplomatic row between the US and India, with justifiable concerns about Khobragade’s treatment upon arrest at the center, we must not lose sight of the serious criminal allegations of fraud and worker exploitation. India is trying to shield Khobragade from the consequences of her actions -- making sure Sangeeta never gets a day in court. Tell Secretary Kerry and President Obama that no one should get a “free pass” for violating human rights in the United States.

Here at the National Domestic Workers Alliance (NDWA), we help thousands of women like Sangeeta who have suffered exploitation and abuse, had their wages stolen, and struggled to achieve basic workplace protections. Today we #StandWithSangeeta and ask you to join us.

The Indian government is trying to deny Sangeeta her day in court, her chance for justice. They are claiming Khobragade had “diplomatic immunity” when she was arrested, and thus cannot be brought to trial. Even worse, instead of asking her to take responsibility for her actions, they are rewarding her with a position in the UN, which they say would solidify her immunity. Diplomatic immunity is a privilege that should not be used as a shield against criminal prosecution for private acts, and the US has the power to decide whether or not to grant her request for reaccreditation to the UN.

Dozens of cases of labor exploitation and human trafficking at the hands of Diplomats have made headlines over the years. Allowing Khobragade to hide behind immunity could undermine a decade of progress in fighting against this kind of abuse.

The United States should refuse to give Khobragade a “free pass” for exploitation. We are asking them to:

- Deny Khobragade’s reaccreditation to the United Nations

- Continue the federal criminal prosecution against her

- Continue to enforce the important regulations that protect Sangeeta and the hundreds of other domestic workers who come to the US with diplomats and international officials from all over the world.

Join us as we #StandWithSangeeta and ask the U.S. government to hold diplomats accountable for labor exploitation.
To:
John Kerry, United States Department of State
Barack Obama, President of the United States
Secretary Kerry and President Obama: Don’t Give Khobragade a “Free Pass” for Labor Exploitation in The United States

Sincerely,

rajanb · Post by **rajanb** » 07 Jan 2014 21:03

Altair wrote:MEA has a bomb ready for delivery. Waiting for US-SD action/inaction before 13. Will post more details.

Hope it is a nuke, Altair! In the meanwhile: Rec'd via email : Daily Brief from Foreign Policy.com

Plea bargaining continues in Khobragade case

Prosecutors have engaged in "hours of discussion in the hope of negotiating in a plea" in the case of Devyani Khobragade, the Indian diplomat whose recent arrest in New York City led to an outcry in India, the U.S. prosecuting attorney said in court papers Monday night (NYT, Post). The U.S. government has "outlined reasonable parameters for a plea that could resolve the case," but the defendant has not responded, the papers said. A letter sent late Monday by Khobragade's lawyer to a federal magistrate judge said there had been "significant communications" with prosecutors and other government officials. The letter requested a 30-day extension of the deadline for filing an indictment against Khobragade, which the lawyer indicated is Jan. 13; only the defense can waive the right to be indicted within 30 days of arrest. Several people close to the case said the postponement could ease pressure on the State Department, which is at odds with federal prosecutors over how the arrest was conducted, according to the Washington Post. Khobragade's arrest and strip search on charges of underpaying her housekeeper have led to furious criticism in India.

Here is what the official mouthpiece, the NYT has to say:
link

(posted in part)

The office of Preet Bharara, the United States attorney in Manhattan, said in court papers Monday night that prosecutors had engaged in “hours of discussion in the hope of negotiating a plea” with the Indian diplomat whose recent arrest in New York led to an outcry in India.

As recently as last Saturday, Mr. Bharara’s office said, the government “outlined reasonable parameters for a plea that could resolve the case, to which the defendant has not responded.” Mr. Bharara said his office remained open to continuing such talks.

The filings followed a letter earlier in the day from the lawyer for the diplomat, Devyani Khobragade, who said that there had been “significant communications” with prosecutors and “other government officials,” apparently in an attempt to resolve the case.

The lawyer, Daniel N. Arshack, asked in the letter to a federal magistrate judge, Sarah Netburn, for an extension of the time prosecutors had before they must return an indictment against Ms. Khobragade.

Ms. Khobragade, 39, was arrested on Dec. 12 and charged with fraudulently obtaining a visa for a housekeeper. Mr. Arshack indicated in his letter that an indictment must be returned or a preliminary hearing held in his client’s case by next Monday. “It is our strong view,” Mr. Arshack wrote to Judge Netburn, “that the pressure of the impending deadline is counterproductive to continued communications.”

And partially from the Post

link

Although 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 from the date of arrest.

The filing came after Indian authorities said they had unearthed cases of tax and other legal violations by U.S. Embassy staff members in New Delhi that they are prepared to make public and act upon if Khobragade’s case is not resolved to India’s satisfaction.

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 news media on the matter.

Fight back guys.
So a question from this dehaati: The preliminary indictment to take place on 13 Jan? And 30 days required for the defense to respond?

Is my reading correct?

Lalmohan · Post by **Lalmohan** » 07 Jan 2014 21:08

bharara's modus operandi seems to be to threaten the defendant with dire consequences to get them to accept a plea and then implicate others. there is another one of his cases that is hitting the news wires at the moment...
also, there seems to be some sort of time or newsweek article about all the people he has prosecuted... anyone find it?

ramana · Post by **ramana** » 07 Jan 2014 21:14

DK was accredited to the UN on Aug 26, 2013 and hence had full immunity. Immunity does not come from recognition by State Department but from status of the diplomat. Allthe SD can do is realise the status and act accordingly.

Hence the case is ultra vires and has no standing.

Having said that the US seems to be on teach India a lesson mode. Previous deductions were based on possible errors being made. The current stance shows malafide intentions and is tantamount to war per Gortius rules on International relations.
Violation of diplomat is a causus belli.

We are drifting into failure and there is no politcal control on either side.

Lalmohan · Post by **Lalmohan** » 07 Jan 2014 21:19

its soon going to become an almighty face saving exercise, and no one will want to step back from the brink
stupid and avoidable and unnecessary

pankajs · Post by **pankajs** » 07 Jan 2014 21:54

US prosecutors seek plea deal in diplomat arrest

A letter filed Tuesday by attorneys for Devyani Khobragade accused federal prosecutors in Manhattan of trying to pressure her into pleading guilty by next week. They renewed a request for an extension of the Jan. 13 deadline for an indictment “to eliminate pressure on the situation and permit efforts which are ongoing resolve this matter.”

The letter came in response to a filing on Monday by prosecutors saying they had “participated in hours of discussions in the hope of negotiating a plea that could be entered in court before Jan. 13.” It said there had been no response to the government’s latest offer.

Prosecutors’ filing violated an agreement not to discuss the negotiations publicly, the defense letter said. “We can only think that the violation was a distressingly calculated one,” it said.

There was no immediate response from the court.

I think time has come for India putting some more cards on the table in this game. Perhaps a FIR needs to be registered against "unknown person/persons" in US embassy/consulate for Visa/Tax/labor fraud.

saip · Post by **saip** » 07 Jan 2014 22:36

ramana wrote:DK was accredited to the UN on Aug 26, 2013 and hence had full immunity. Immunity does not come from recognition by State Department but from status of the diplomat. Allthe SD can do is realise the status and act accordingly.

Hence the case is ultra vires and has no standing.

Having said that the US seems to be on teach India a lesson mode. Previous deductions were based on possible errors being made. The current stance shows malafide intentions and is tantamount to war per Gortius rules on International relations.
Violation of diplomat is a causus belli.

We are drifting into failure and there is no politcal control on either side.

True, her status from Aug 26, 2013 gives her immunity from being arrested. But according to the US the offence took place (visa fraud when the application was filed in Nov 2012) and the non payment of 'minimum wages' took place while SR was in DK's employ which ended in June 2013. So DK's immunity will/may preclude her from being arrested, will it also preclude her being charged for offences committed before the start of the immunity? Generally speaking cases are kept in abeyance while there is immunity and start again after it ends.

Virupaksha · Post by **Virupaksha** » 07 Jan 2014 22:42

case has to be filed before she gets immunity. otherwise there is no meaning of immunity.

Also nothing condones the sexual assault on her.

TKiran · Post by **TKiran** » 07 Jan 2014 23:01

Why did we agree for 30 days extra? Did any body ask us to waive our right? Or is it simply a master stroke from us, saying 'yeah, we are OK with 30 more says, to ease pressure on you, so take your time, but don't indict us on 13th. If you still indict us on 13th, then we willtake disproportionayely huge retaliatory measures in India, for which you will not blame anybody else, but your own hasty decision.'
I still think they will arrest DK once again, and show their middle finger to us.

The only way out is to evacuate DK. Then we can retaliate. Keeping her in US, certainly we are putting her in grave danger, and playing a game with naivitu and wishful thinking. I can clearly see that PB is reasonable enough to give a fellow Indian an opportunity to plea and pay some fine and live as any other person in US, who has committed felony. He doean't have any other face saving formula for DK. The arrow has already left the bow. If we are not naive, we still have the option of evacuating the Target before the arrow hits it. It is still naive to think that the arrow somehow misses the target . And utter stupidity to think that the arrow would somehow find its way back to quiver.

JMT

Amber G. · Post by **Amber G.** » 07 Jan 2014 23:03

Another Indian-origin fund manager in Preet Bharara net

An Indian-origin former hedge fund portfolio manager will face trial in a federal court here for allegedly participating in one of the "most lucrative" insider trading schemes worth USD 276 million involving information about clinical trials for an Alzheimer's drug.

Mathew Martoma, 39, has pleaded not guilty to one count of conspiracy to commit securities fraud and two counts of securities fraud.

The trial is scheduled to begin today in the federal district court in Lower Manhattan, with 80 potential jurors filling out questionnaires to determine whether they can be fair. A jury of 12 with four alternates will hear the case.

Martoma, the son of Indian immigrants, faces as many as 20 years in prison on the securities fraud charges and five years on the conspiracy charge if convicted.

Manhattan's India-born top federal prosecutor Preet Bharara, who had brought the case against Martoma, described the charges as "the most lucrative insider trading scheme ever charged".

Martoma was arrested in November 2012 from his home in Boca Raton, Florida and has been freed on a USD five million bail.

A Stanford graduate, Martoma joined the hedge fund company SAC Capital Advisors in 2006 and had worked with the firm's affiliate CR Intrinsic Investors.

The trial, which is expected to last nearly a month, will shed light on any role SAC founder Steven Cohen has in the trades at the center of the cases. Cohen has not been charged with any wrongdoing.

In a yesterday's ruling, presiding judge Paul Gardephe said prosecutors cannot introduce evidence that Martoma had fainted when FBI agents approached him in November 2011 on the lawn of his USD 1.9 million Boca Raton home, telling him that they wanted to talk "about insider trading" at SAC.

The judge said it would not be appropriate to assume Martoma fainted because he knew he was guilty.
<snip>

Lalmohan · Post by **Lalmohan** » 07 Jan 2014 23:16

PB wants to close the matter (i.e. secure conviction) with DK as fast as possible, thats why pushing for the plea. more time is a good idea i think

Amber G. · Post by **Amber G.** » 07 Jan 2014 23:21

TKiran wrote:Why did we agree for 30 days extra?

Actually DK instructed her lawyer to waive that right to give negotiations more chance..(Move allows defense, prosecutors and State Department officials more time to discuss the case). Note that 30 days time limit (that prosecutor has to indict after the arrest) is defendant's right and only defendant can ask it to be extended.

Here is a piece from Time
Indian Diplomat Agrees to Waive Indictment Deadline

The spat between Washington and New Delhi over Indian diplomat Devyani Khobragade could be temporarily eased, the Washington Post reports, with Khobragade instructing her attorney to waive a Jan. 13 deadline to indict her.

Khobragade is charged with submitting false visa documents for her maid and with underpaying the maid. As a defendant, Khobragade has the right to be indicted within 30 days of being arrested.

According to the Post, Daniel Arshack, Khobragade’s attorney, said that “the pressure of the impending deadline” had been “counterproductive to continued communications” with prosecutors.

The waiver also relieves pressure on the U.S. State Department, which, the Post reports, had been “at odds with federal prosecutors over the wisdom of the arrest.”

Indian authorities have said they are prepared to make public cases of tax and other legal violations by U.S. embassy staff in New Delhi if Khobragade’s case is not solved in a way they are satisfied with.

I also posted this before from Time:
Why India will not back down

ramana · Post by **ramana** » 07 Jan 2014 23:22

I think GOI stance is the arrest is illegal in the first place, so where for the plea bargain?

Amber G. · Post by **Amber G.** » 07 Jan 2014 23:37

So a question from this dehaati: The preliminary indictment to take place on 13 Jan? And 30 days required for the defense to respond?

Is my reading correct?

Here is a response from a non-lawyer .. basically..

Indictment just means , " a formal charge/accusation of a serious crime". The prosecutor must bring this within a specified days (30) of arrest to the court. The defendant generally is required to be present at the hearing (DK is exempted for this).
The court decides if the charges have any merit. The case is finished if the prosecutor fails to formally charge, or Judge decides that there is NO merit in the case. The actual trial (or plea bargaining) happens later.
HTH

Vayutuvan · Post by **Vayutuvan** » 07 Jan 2014 23:47

A little OT may be. DoS site has the bio of Asst. Secy. Desai-Biswal. Interesting tidbits - her highest qualification is a BA (from U of Virginia), worked in an NPO called Inter<something or other> (whose annual budget is about $5-6 million - not a big NPO by any measure), and then Red Cross, campaigned for Secy Kerry (during his presidential bid? I suppose), and is quite young. Looks to me she has too little of an experience to play Chanakyan games with Indian diplomats (or the untrustworthy Pakistanis) who will eat her up for a snack. There are 25 Asst. Secys. in DoS and another 12 or so (but not Asst. Secy. designation) at the same level in the organization.

What are the entry requirements to DoS?

chaanakya · Post by **chaanakya** » 07 Jan 2014 23:49

There is only one way to sort this out. It is called reciprocity.

Arrest one of them here and subject her/him to same treatment: like bail bond, impounding passport, no immunity, and charges to be filed later. Of course, Thullas would have to follow usual SOP.

Those who hint at trade war, be pleased to see my middle finger. India has been subjected to sanctions by unkil for long without much success.

Sanjay · Post by **Sanjay** » 07 Jan 2014 23:51

Suggestion - from the Trinidad and Tobago Police Service school of evidence:

Conduct a few searches and "drop something" - something as simple as a 0.22 round of ammunition, a joint of ganja etc etc. (this really does happen in T&T).

Nice little arrest to follow.

Conviction not important - just the humiliation of a few of theirs.

ramana · Post by **ramana** » 07 Jan 2014 23:51

Its a political appointment. Shows how much the Adminstration values that position which interacts with India among others.