India-US relations: News and Discussions IV

[pravula]

Does a state conviction even go to US supreme court? It will just end up in the state supreme court AFAIK

[hgupta]

Does a state conviction even go to US supreme court? It will just end up in the state supreme court AFAIK

It does on a writ for habeas corpus.

[Amber G.]

- Notably, a pardon cannot be granted for state crimes (like Trump's conviction in New York); the President's pardon power only extends to federal offenses...Since Trump's conviction is in a New York state court, the President's pardon power does not apply. The President's pardon power only extends to federal crimes, not state crimes.
In New York, the Governor has the power to grant clemency or pardons for state crimes, but it's unlikely that the current Governor would pardon

So, in this case, Trump's legal team would need to rely on the appeals process to try to overturn the conviction, and if that fails, he would need to serve out his sentence.

Yes, Trump's legal team can try to appeal the conviction to federal court, arguing that his federal constitutional rights were violated during the state trial. This is known as a federal habeas corpus petition.
The possible path people talking about:
Trump's team files a petition for a writ of habeas corpus in a federal district court (e.g., the Southern District of New York), arguing that his conviction was unlawful due to violations of his federal constitutional rights (e.g., Fourth Amendment search and seizure, Fifth Amendment self-incrimination, Sixth Amendment right to counsel).
If the federal district court denies the petition, Trump's team can appeal to the Second Circuit Court of Appeals.
If the Second Circuit affirms the denial, Trump's team can file a petition for certiorari with the US Supreme Court, asking the high court to review the case.
.. Federal courts typically give significant deference to state court decisions, so it's a challenging path. Trump's team would need to demonstrate significant constitutional errors or violations to succeed in federal court.

[sanman]

Comments by the child of another previous American political assassination - RFKjr




This is why we can't let Sonia or Kejriwal back into power. Because they'll just screw us all.
Thank goodness they're comically inept.

[Vayutuvan]

If Trump can get his appeal to the Supreme Court, given his allies there, he has a chance of getting his conviction thrown out.

How is that a given? Please cough up evidence, not some hearsay. I never thought you sire, of all people, would be pushing an out and out CT.

[Vayutuvan]

.

[Vayutuvan]

If Trump can get his appeal to the Supreme Court, given his allies there, he has a chance of getting his conviction thrown out.

@A_Gupta ji, I am sure you agree with this statement of mine (I will provide evidence when you come up with evidence for your above claim)

Biden got his opponent, given his allies - judge Merchan, Alvin Bragg, Letitia James, and partisan jury - in NYC.

[A_Gupta]

https://indianexpress.com/article/india ... s-9366526/

IN their bid to stall his extradition to the United States, lawyers for Nikhil Gupta, currently in custody in Prague for his alleged involvement in the plot to kill Khalistan separatist Gurpatwant Singh Pannun, asked the court to determine if he was an agent working for the Indian secret service and if he could have refused the order to kill Pannun, show court documents accessed by The Sunday Express.

Ironically, a Czech court rebutted this argument and said that it was “absurd” to consider that a democracy like India would resort to such methods.
...
...
Court documents show that as Gupta’s lawyers made a case against his extradition before the Prague High Court, they urged the court to check whether if their client was acting as a “soldier sui generis” in eliminating a terrorist, who according to the Indian government, threatens India’s security similarly to how Osama bin Laden threatened the United States.

The High Court in Prague in its January 8 order, a copy of which is with The Sunday Express, shot down this argument stating that it found it unnecessary to consider whether the Gupta was obligated to comply with the murder demand due to his potential connections to his country’s secret services.

...
“Neither the legal qualification of the crime nor the act itself or the circumstances of its commission suggest a political or military dimension. The argument that he was hired by an Indian government agent responsible for security matters, implying it was likely an assignment given by the Indian government (with the person committing the crime being a “soldier sui generis” eliminating a member of a terrorist movement), cannot be a reason preventing the complainant’s extradition. As the High Court stated, the complainant is not a political activist and the act was not aimed at changing the order of public affairs,” said the Constitutional Court’s release shared by spokesperson Kamila Abbasi.

Gupta was detained by Czech authorities, at the request of the US government, shortly after he arrived in Prague on June 30 last year. Since then, the case pertaining to his extradition to the US, where he would be tried for allegedly plotting to kill Pannun, has been heard and decided by the Czech Municipal Court, High Court, and Constitutional Court.

On May 22, the Constitutional Court, country’s top court, dismissed Gupta’s challenge to the decisions of the Municipal Court in Prague dated November 23, 2023, and the High Court in Prague dated January 8, 2024, both of which had ruled positively on the admissibility of the US request for his extradition.

The Constitutional Court’s decision has paved the way for Gupta’s extradition, but the final call now rests with the Ministry of Justice.

[Mort Walker]

Notice that Biden hasn't congratulated PM Modi as of the time of this post, but State Dept. gave some obscure statement

"We want to commend India's government and its voters for completing and participating in such a massive electoral process,' he said during a daily news briefing. 'We look forward to seeing the final results." he said during his daily news briefing.

[vera_k]

Too early to say who will form the next government.

[Cybaru]

Let Modi present his proposal to president and have the president invite him to form the govt. Isn't that the next step?

[Mort Walker]

Many other leaders have congratulated Modi including Putin.

[Mort Walker]

Too early to say who will form the next government.

It's clear BJP will form the government with Modi as the PM as they have the largest party. Even without Nitish.

[NRao]

Notice that Biden hasn't congratulated PM Modi as of the time of this post, but State Dept. gave some obscure statement

"We want to commend India's government and its voters for completing and participating in such a massive electoral process,' he said during a daily news briefing. 'We look forward to seeing the final results." he said during his daily news briefing.

The election results can be interpreted as a semi victory for Victoria Nuland and gang. The SD statement is only playing for time. Because of stupidity of some BJP leader/s the SD has been handed an unexpected victory.

Where they (SD) failed massively in BD elections (due to Bharat) they can claim victory in Bharat. No two ways about that.

The very guys who stumped the State Department in BD failed massively in Bharat (granted the SD had nothing to with the failure).

This is a game to be played, not discussed. Play and win vs. discuss and discuss without an conclusion.

[vijayk]

Notice that Biden hasn't congratulated PM Modi as of the time of this post, but State Dept. gave some obscure statement

The election results can be interpreted as a semi victory for Victoria Nuland and gang. The SD statement is only playing for time. Because of stupidity of some BJP leader/s the SD has been handed an unexpected victory.

who helped?

[Mort Walker]

Countries/Govts congratulate Modi Ji immediately after winning 240 Seats:

- Bangladesh
- Barbados
- Bhutan
- China
- Comoros
- Czech Republic
- Guyana
- Iran
- Israel
- Italy
- Jamaica
- Japan
- Kenya
- Lithuania
- Latvia
- Oman
- Malaysia
- Maldives
- Mauritius
- Myanmar
- Nepal
- Nigeria
- Russia
- Seychelles
- Serbia
- South Korea
- Singapore
- Spain
- Sri Lanka
- Taiwan
- Ukraine

[Mort Walker]

Today at 8:40AM EDT, Biden publicly congratulated Modi.

Congratulations to Prime Minister Narendra Modi and the National Democratic Alliance on their victory, and the nearly 650 million voters in this historic election.

The friendship between our nations is only growing as we unlock a shared future of unlimited potential.

[vera_k]

Looks like they waited until after the INDIA bloc meeting here. Some levers were tried perhaps?
INDIA bloc meeting

[Mort Walker]

They probably figured out cookies/biscuits don’t work for Indians, hence the promotion of Kejriwal liquor distribution business. Desi daaru for votes works better.

[Vayutuvan]

Countries/Govts congratulate Modi Ji immediately after winning 240 Seats:
...

No
Brazil
South Africa
KSA
UK
France
Germany
Greece
Turkiye
Argentina
Kyrgzyistan
Khazakstan
Mongolia
UAE
Kuwait (?)
Qatar (expected)
Egypt
Iraq
Vietnam
Philippines
Indonesia
Australia
New Zealand
Canada
Norway
Denmark
Finland
Sweden
...

[Vayutuvan]

Looks like they waited until after the INDIA bloc meeting here. Some levers were tried perhaps?
INDIA bloc meeting

Good catch, vera_k ji.

[NRao]

The election results can be interpreted as a semi victory for Victoria Nuland and gang. The SD statement is only playing for time. Because of stupidity of some BJP leader/s the SD has been handed an unexpected victory.

who helped?

Not directly/intentionally. There was no collaboration with foreigners at any level - just to be clear.

The point I was making is that the toolkit gang had failed and knew it even before the elections started. But, there were a number of blunders made that did impact the final result. A result that Nuland/Garcetti wanted.

One data point, made on the Abhishek Tiwari YT channel, said that 129 of 133 newly appointed candidates lost their elections. These candidates fought on the BJP symbol, not as NDA candidates.

Another that all of Yogi's proposed candidates, in UP, were rejected. Most of those proposed by Shah lost in UP.

I hope you get the point.

[Amber G.]

From Modiji:

Happy to receive call from my friend President @JoeBiden
. Deeply value his warm words of felicitations and his appreciation for the Indian democracy. Conveyed that India-US Comprehensive Global Partnership is poised to witness many new landmarks in the years to come. Our partnership will continue to be a force for global good for the benefit of humanity.
@POTUS

[Amber G.]

Countries/Govts congratulate Modi Ji immediately after winning 240 Seats:

Per this,in about 24 hours number of countries was 90 .. Much more now .. missing one (again per this report) is Pakistan, and Turkey.. and Canada was a little late..

[A_Gupta]

https://sundayguardianlive.com/top-five ... in-the-u-s
Trial of Nikhil Gupta in Pannun case set to begin in the U.S.

The District Attorney’s office of New York intends to prosecute this case in a manner that makes Gupta an example and a deterrent. If convicted, Gupta, who is charged with two separate offences under Title 18 (United States Code, Section 1958)—murder-for-hire and conspiracy to commit murder-for-hire—could face up to 20 years in prison, as each offence carries a maximum statutory penalty of 10 years.
....
Sources believe that once Gupta’s trial starts, he might enter into a plea bargain with the Department of Justice in exchange for a reduced sentence, regular communication with family members, and better prison conditions.
....
The plea bargain is likely to be arranged by the DA’s office if Gupta agrees to sign statements and claim that he was working for Indian agencies. The plea bargain, being a public document, could also be used by anti-India groups in Washington to set a narrative. A similar approach was adopted by the US in the case of 26/11 Mumbai attack accused David Coleman Headley, who in March 2010 pleaded guilty to a dozen federal terrorism charges, admitting his participation in planning the Mumbai attacks. Headley accepted the guilty plea proposition before US District Judge Harry Leinenweber in Federal Court in Chicago.

[Amber G.]

[A_Gupta]

USISPF Board of Directors: interesting mix of industries:

Ravi Kumar S, Chief Executive Officer, Cognizant
Salil Parekh, Chief Executive Officer and Managing Director, Infosys
Arvind Krishna, Chairman and Chief Executive Officer, IBM
Amarjyoti Barua, Executive Vice President - Group Strategy & Member of the Group Executive Board Mahindra Group
Vy Tran, President, Asia Pacific and Japan, Siemens Healthineers
Nik Deogun, CEO of the Americas and U.S. Senior Partner for Brunswick Group
Edward L. Monser, Former President, Emerson Electric
Ram R. Krishnan, Executive Vice President and CEO, Emerson Electric
Ambassador Tim Roemer, Senior Counselor, APCO Worldwide
D. James Umpleby, III, CEO, Caterpillar
Jillian C. Evanko, President & CEO, Chart Industries
Dave West, President, Asia Pacific, Japan and Greater China, Cisco
Jim Fitterling, Chairman and CEO, Dow
Roshni Nadar Malhotra, Chairperson, HCL Technologies
Omar Ishrak, Chairman of the Board, Intel & Chairman Emeritus, Medtronic
Sanjiv Puri, Chairman and Managing Director, ITC Ltd.
Somesh Dash, Managing Director and General Partner, IVP
George R. Oliver, Chairman and CEO, Johnson Controls
Gaurav Trehan, Partner and Country Head, KKR (India)
Jennifer Holmgren, CEO, LanzaTech
Frank A. St. John, CEO, Lockheed Martin
Michael Miebach, CEO, Mastercard
Seifi Ghasemi, Chairman, President and CEO, Air Products and Chemicals
Sumant Mandal, Managing Partner, March Capital
Sanat Chattopadhyay, Executive Vice President and Head of Global Manufacturing, Merck
Robert E. Moritz, Chairman, PwC Global
Sumant Sinha, Founder and CEO, ReNew Power
Bipul Sinha, Founder & CEO, Rubrik
Christopher Calio, President & CEO, Raytheon Technologies
Johnny C. Taylor Jr., President and CEO, SHRM
Ajay Singh, Chairman & Managing Director, SpiceJet Limited
Sachit Ahuja, President, Tillman Global Holdings (TGH)
Umesh Sachdev, Co-Founder & CEO, Uniphore
John A. Luke, Chairman, WestRock
Sumir Chadha, Co-founder and Managing Director, WestBridge Capital
Vishal Mahadevia, Managing Director, Head of India, Warburg Pincus
Ernie Thrasher, Founder, President and CEO, XCoal Energy & Resources
Joe Ucuzoglu, Global CEO, Deloitte
Raj Shah, Co-CEO, MSI Surfaces
Alex Rogers, President, Qualcomm Technology Licensing (QTL) & Global Affairs, Qualcomm Incorporated
Prashant Ruia, Director, Essar Capital
Dorothy Attwood, Senior Vice President Global Public Policy, The Walt Disney Company
Peter Marrs, President, Asia Pacific & Japan, Dell Technologies

Their business advocacy:

https://usispf.org/business-advocacy/

[Vayutuvan]

Interesting. Not much (no?) representation from the hot silicon valley companies - Google, FB, MS, Amazon - who are working on General AI.

[chanakyaa]

https://sundayguardianlive.com/top-five ... in-the-u-s
Trial of Nikhil Gupta in Pannun case set to begin in the U.S.

...
The plea bargain is likely to be arranged by the DA’s office if Gupta agrees to sign statements and claim that he was working for Indian agencies.
...

So all he has to do is sign a "claim", no proof needed? While criminals like Headley and Tahawwur Rana enjoy total protection in the American jail. Strangely, following news came out yesterday.

(Tahawwur Rana) 20-minute fight for his life: Chicago terrorist to argue for US mercy

...
Rana's defense has alleged double jeopardy or being tried twice for the same crime, which is barred by the U.S. Constitution, as well as the near certainty of Rana's death while in foreign custody.
...

[NRao]

I think Gupta was dupted.

Gupta was not provided consular access in which ever EU nation he was in. In fact, to the best of my knowledge, the Bharatiya embassy was not even informed of his detention.

I would suggest detain a US citizen (Khalistani) and bargain. Hard. Pannun has property in Bharat.

[Pratyush]

Gupta did get consular access. The US is playing stupid games. It's going to win stupid prices.

The guilt of India has already been pre determined by the Americans in this case. Evidence is not required.

[NRao]

Consular access in Czech. Not for a long time.

[Amber G.]

<snip>
So all he has to do is sign a "claim", no proof needed? While criminals like Headley and Tahawwur Rana enjoy total protection in the American jail. Strangely, following news came out yesterday.

(Tahawwur Rana) 20-minute fight for his life: Chicago terrorist to argue for US mercy

...
Rana's defense has alleged double jeopardy or being tried twice for the same crime, which is barred by the U.S. Constitution, as well as the near certainty of Rana's death while in foreign custody.
...

Thanks for udate on Rana..
Just to add.. per report in newspapers etc .. about Headley ..

David Coleman Headley is currently serving a 35-year sentence in the United States after pleading guilty to 12 international terrorism charges related to the 2008 Mumbai attacks. Headley was a member of the terrorist organization Lashkar-e-Taiba (LeT) and worked with the Inter-Services Intelligence (ISI) of Pakistan. He conducted surveillance in Mumbai and provided information to the attackers.
US authorities gave Indian investigators direct access to Headley, but some in India have questioned why the US did not share suspicions about him before the attacks. Headley's testimony has implicated the ISI and LeT in the attacks, and he has provided information on other terrorist plots and methods.
Headley was prosecuted in both the US and India, and has been convicted of multiple charges related to terrorism. He has also been involved in other terrorist plots, including a plan to attack the Danish newspaper Jyllands-Posten.
Indian authorities have investigated Headley's role in the Mumbai attacks and have charged him with conspiracy and terrorism-related offenses. The US has cooperated with India in the investigation and has provided access to Headley for questioning.
Headley's case has raised questions about the relationship between the US and India on counter-terrorism cooperation and the handling of terrorism cases. Some in India v have criticized the US for not sharing information about Headley before the Mumbai attacks, while others have praised the cooperation between the two countries in bringing Headley to justice.

(Anyway Wiki etc could find more details if interested ..)

[Amber G.]

Meanwhile.. Bringing you a smile from one of our friend ..Director of the Asian Studies Center at The Heritage Foundation.

[Haresh]

Meanwhile.. Bringing you a smile from one of our friend ..Director of the Asian Studies Center at The Heritage Foundation.

I remember from the 1980's when the khalistani terror was happening, Senator Jesse Helms of the Heritage Foundation was a supporter of khalistan

https://www.google.com/search?q=senator ... s-wiz-serp

[Amber G.]

^^^ Jeff Smith, a friend, IMO is quite familiar/knowledgeable with India (and obviously thus quite friendly with India and Modi) and writes very nicely. (He was on short list of people who met Modi while Modi was on the state visit here in US etc..)
Eg his tweet: Congrats to PM Modi and to all of India for another historic election. With nearly one BILLION eligible voters, every election in India is a technical marvel and a stunning achievement...
This should be interesting to listen: Ihis joining an India panel at this year's NatCon conference in July. Should be fun!

[Amber G.]

Meanwhile - sharing this: (wrt Anti-India/Hindu push in US/Calofornia "Caste Discrimination)

Sundar Iyer and Ramana Kompella Vindicated AGAIN in the Cisco Systems Caste Lawsuit as the Court Awards $2000 Sanctions AGAINST the CRD



In a Motion to Compel, the Civil Rights Department (CRD) aka CalDFEH has been sanctioned as the court awards $2000 in SANCTIONS against CRD.

In April 2023, CRD was forced to DISMISS their fabricated case against Sundar Iyer and Ramana Kompella Defendants threatened to file a Motion for Sanctions if the CRD did not voluntarily dismiss the case against them.

Further, the anonymity clause for the alleged victim of Caste Discrimination was DENIED to Millionaire John Doe a.k.a Chetan Narsude in December 2023

Further, CRD was also ordered by the Court to remove the definition of Caste as a strict Hindu social hierarchy and CRD was forced to file an amended complaint removing their ANTI-HINDU biases from their complaint. CRD had picked up their definitions of Hinduism directly from the Equality Lab's caste survey report.

The Equality Labs Survey report was also thrown out of court as the judge refused to accept the shoddy #caste survey as evidence of Caste Discrimination

#CasteFiles and #Castegate are glad to report that the fake malicious and fabricated Cisco Case is being exposed for all its malignancy and deliberate targeting of #Hindu Americans.

This should be a WAKEUP call for all.

[NRao]

Victoria Nuland has upped the game in Bharat. That slap was not an accident.

Many twitter id's have gone into action.

[sanjaykumar]

I don’t think so. But wake me up when this Kaufman develops the guts to slap a Muslim.

[sanjaykumar]

Kaufman? Kaur. Damn the auto correct.