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More on the diplomat, the maid, the DA, and the State Department

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Post by indophile Fri Dec 20, 2013 8:20 am

Today's Washington Post story.

Many holes remain in the chronology of events leading up to the arrest, and numerous facts — including the level of diplomatic immunity afforded by Khobragade’s consular status — are in dispute among India, the United States and the parties involved.
 

http://www.washingtonpost.com/world/national-security/in-dispute-over-indian-diplomat-an-internal-us-rift-and-many-unanswered-questions/2013/12/19/0a84f21c-68dd-11e3-ae56-22de072140a2_story.html?hpid=z4

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Post by goodcitizn Fri Dec 20, 2013 9:36 am

Thanks, Indo, for the link. The federal case is well documented. She did not have diplomatic immunity as the Indian media claims but only limited immunity pertaining to matters performed in her official capacity. Getting a maid for personal convenience is not protected by diplomatic immunity.

If you or I were to bring a maid from India with falsified documents and got arrested would there be such a ruckus from India? Burning of Obama effigies? No. Why should she be treated like the princess with India calling her a victim? Besides she used the Richard woman as a housekeeper 24/7 without any day off during her tenure and refused to allow her to return to India. Who is the real victim here?

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Post by confuzzled dude Fri Dec 20, 2013 10:00 am

goodcitizn wrote:Thanks, Indo, for the link. The federal case is well documented. She did not have diplomatic immunity as the Indian media claims but only limited immunity pertaining to matters performed in her official capacity. Getting a maid for personal convenience is not protected by diplomatic immunity.

If you or I were to bring a maid from India with falsified documents and got arrested would there be such a ruckus from India? Burning of Obama effigies? No. Why should she be treated like the princess with India calling her a victim? Besides she used the Richard woman as a housekeeper 24/7 without any day off during her tenure and refused to allow her to return to India. Who is the real victim here?

GC, you should read up bit on this than repeating the same over and over. Initially, I thought DK sponsored maid as other private citizens do but that is not the case. Maid was issued an official passport (not civilian) and GoI pays for her health insurance, airfare etc., I'm afraid you are exaggerating about maid's work schedule & mistreatment, apparently she wanted to work 2nd job on weekends to make extra dough, that was the root for all of this.

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Post by goodcitizn Fri Dec 20, 2013 10:20 am

confuzzled dude wrote:
goodcitizn wrote:Thanks, Indo, for the link. The federal case is well documented. She did not have diplomatic immunity as the Indian media claims but only limited immunity pertaining to matters performed in her official capacity. Getting a maid for personal convenience is not protected by diplomatic immunity.

If you or I were to bring a maid from India with falsified documents and got arrested would there be such a ruckus from India? Burning of Obama effigies? No. Why should she be treated like the princess with India calling her a victim? Besides she used the Richard woman as a housekeeper 24/7 without any day off during her tenure and refused to allow her to return to India. Who is the real victim here?

GC, you should read up bit on this than repeating the same over and over. Initially, I thought DK sponsored maid as other private citizens do but that is not the case. Maid was issued an official passport (not civilian) and GoI pays for her health insurance, airfare etc., I'm afraid you are exaggerating about maid's work schedule & mistreatment, apparently she wanted to work 2nd job on weekends to make extra dough, that was the root for all of this.

I think you are like a stick in the mud and don't want to consider the other side of the argument. I only described what was in the complaint about her workload and treatment. There is no exaggeration on my part. You ignore the fact that hundreds of Indian workers would love to have the opportunity to come to the U.S. and use that visa to find better jobs later on. That is one thing. Secondly if she was paid pittance (as against what she was supposed to earn per the documents) compared to the cost of living here and did her work for 40 hours/week and wanted a part time job to earn extra money to eke out a living what's the problem? If GoI paid for her insurance, airfare etc. did it also pay for her wages under false pretences? So who is the culprit here, Devyani or GoI?

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Post by confuzzled dude Fri Dec 20, 2013 10:43 am

goodcitizn wrote:
I think you are like a stick in the mud and don't want to consider the other side of the argument. I only described what was in the complaint about her workload and treatment. There is no exaggeration on my part. You ignore the fact that hundreds of Indian workers would love to have the opportunity to come to the U.S. and use that visa to find better jobs later on. That is one thing. Secondly if she was paid pittance (as against what she was supposed to earn per the documents) compared to the cost of living here and did her work for 40 hours/week and wanted a part time job to earn extra money to eke out a living what's the problem? If GoI paid for her insurance, airfare etc. did it also pay for her wages under false pretences? So who is the culprit here, Devyani or GoI?

I'm afraid you're the one totally being tunnel visioned, just parroting "falsified documents" without taking other facts into consideration e.g. Maid was trying to extort money, she is very smart used both Indian & US systems to her advantage accomplish her goals. You seem to have no regard to what GoI is saying.

No one is suggesting that Devyani is innocent, folks are only objecting to the treatment meted out by USMS. Like I said earlier in another thread this is much bigger than Devyani & Sangeeta, a tussle between two governments.

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Post by goodcitizn Fri Dec 20, 2013 11:03 am

confuzzled dude wrote:
goodcitizn wrote:
I think you are like a stick in the mud and don't want to consider the other side of the argument. I only described what was in the complaint about her workload and treatment. There is no exaggeration on my part. You ignore the fact that hundreds of Indian workers would love to have the opportunity to come to the U.S. and use that visa to find better jobs later on. That is one thing. Secondly if she was paid pittance (as against what she was supposed to earn per the documents) compared to the cost of living here and did her work for 40 hours/week and wanted a part time job to earn extra money to eke out a living what's the problem? If GoI paid for her insurance, airfare etc. did it also pay for her wages under false pretences? So who is the culprit here, Devyani or GoI?

I'm afraid you're the one totally being tunnel visioned, just parroting "falsified documents" without taking other facts into consideration e.g. Maid was trying to extort money, she is very smart used both Indian & US systems to her advantage accomplish her goals. You seem to have no regard to what GoI is saying.

No one is suggesting that Devyani is innocent, folks are only objecting to the treatment meted out by USMS. Like I said earlier in another thread this is much bigger than Devyani & Sangeeta, a tussle between two governments.

What is there to parrot when there are laws about lying to the Dept of Immigration and Naturalization Services and the penalties thereof? Can you do that and get away with it?

If you are not suggesting Devyani is innocent then what should be done legally about her breaking the law in a foreign soil?

So your contention is that the maid was the smart one in using the system? She was acting within her rights especially dealing with a powerful government bureaucrat who had high level connections and who could get the Delhi Court to issue a non-bailable warrant to arrest her. Not only was she threatened but so was her family over this. All because she wanted to take on a second job to support herself that was denied. Is the claim to be adequately paid for the hours she had worked without taking any day off an extortion? How convenient it is for all of you to make her out to be the villain when she was recruited under false pretences by a bureaucrat who is now cast as the victim?

I agree that there are two sides to each event. Let us agree to disagree.

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Post by southindian Fri Dec 20, 2013 11:16 am

Its election year in India.

All frogs are allowed to croak from now till election.

Stay tuned
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Post by Marathadi-Saamiyaar Fri Dec 20, 2013 8:24 pm

indophile wrote:Today's Washington Post story.

Many holes remain in the chronology of events leading up to the arrest, and numerous facts — including the level of diplomatic immunity afforded by Khobragade’s consular status — are in dispute among India, the United States and the parties involved.
 

http://www.washingtonpost.com/world/national-security/in-dispute-over-indian-diplomat-an-internal-us-rift-and-many-unanswered-questions/2013/12/19/0a84f21c-68dd-11e3-ae56-22de072140a2_story.html?hpid=z4

Here is a Gringo making a sensible comment - much like what I have been saying (this many biggies dont get involved in a simple case like that involving a high level diplomat - unless there is something else going on)

*************
jfschumaker
1:37 PM CST
I'm not sure we know all the facts here. Davyani Khobragade was initially treated respectfully by the DS officers who arrested her, but this does not appear to be the case after she was handed over to U.S. Marshals. The U.S. attorney in New York, Preet Bharara, issued a long statement Wednesday, but he was vague and evasive when he talked about how she was treated by the U.S. Marshals service, noting only that she was "fully searched'' by a female deputy marshal in private and called it standard procedure for "every defendant, rich or poor, American or not." In other words, she was most likely handcuffed, strip searched (which usually includes a cavity search), swabbed for DNA and put into a cell with other female prisoners. Looking at Bharara's arrest records, it would seem that he has political ambitions and likes going after rich and highly placed Indians. I think there is a lot more that is going to come out, and a lot of it will not reflect well on him. At a minimum, nobody in New York thought about what might happen to American diplomats in India if Khobragade was mistreated. This is not a simple law enforcement case, as Bharara would have us believe.
*********

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Post by Rishi Fri Dec 20, 2013 8:54 pm

Marathadi-Saamiyaar wrote:
indophile wrote:Today's Washington Post story.

Many holes remain in the chronology of events leading up to the arrest, and numerous facts — including the level of diplomatic immunity afforded by Khobragade’s consular status — are in dispute among India, the United States and the parties involved.
 

http://www.washingtonpost.com/world/national-security/in-dispute-over-indian-diplomat-an-internal-us-rift-and-many-unanswered-questions/2013/12/19/0a84f21c-68dd-11e3-ae56-22de072140a2_story.html?hpid=z4

Here is a Gringo making a sensible comment - much like what I have been saying (this many biggies dont get involved in a simple case like that involving a high level diplomat - unless there is something else going on)

*************
jfschumaker
1:37 PM CST
I'm not sure we know all the facts here. Davyani Khobragade was initially treated respectfully by the DS officers who arrested her, but this does not appear to be the case after she was handed over to U.S. Marshals. The U.S. attorney in New York, Preet Bharara, issued a long statement Wednesday, but he was vague and evasive when he talked about how she was treated by the U.S. Marshals service, noting only that she was "fully searched'' by a female deputy marshal in private and called it standard procedure for "every defendant, rich or poor, American or not." In other words, she was most likely handcuffed, strip searched (which usually includes a cavity search), swabbed for DNA and put into a cell with other female prisoners. Looking at Bharara's arrest records, it would seem that he has political ambitions and likes going after rich and highly placed Indians. I think there is a lot more that is going to come out, and a lot of it will not reflect well on him. At a minimum, nobody in New York thought about what might happen to American diplomats in India if Khobragade was mistreated. This is not a simple law enforcement case, as Bharara would have us believe.
*********



“We didn’t know it was coming,” said a senior administration official, speaking on the condition of anonymity to discuss internal matters.

It appeared that no one in the administration wanted to seem cavalier about the mistreatment of foreign workers or to override law enforcement. But there was a widespread feeling among officials that, as Secretary of State John F. Kerry said in a conversation Wednesday with India’s national security adviser, “certain courtesies were not extended” in the case.

“The fact here is that we are respectful of the law enforcement process,” the senior official said. “We also have to be respectful of the fact that how these things are handled can have enormous repercussions, especially in a country with sensitivities like India.”

Relevant officials in the administration have known for months that an investigation was underway, but “nobody knew this was going to happen,” another U.S. official said. Referring to Khobragade’s arrest, made after she dropped her children off at school, and her booking, strip-search and incarceration in New York, the official said, “That’s not the way these things are done.”

“If they wanted to throw the book at her,” the second official said, the United States could have protested to the Indian Embassy in Washington and “made her leave the country. That’s the way these things are done,” particularly in cases in which no physical abuse is alleged.


Others, in addition to Bharara, had a different view. “When someone is arrested for a violation of federal law, they do not get processed for a tea and crumpets ceremony,” Jon Adler, president of the Federal Law Enforcement Officers Association, told the Wall Street Journal.

>>> What does Fluteholder say now?

About this idiot Jon Adler who is making noise about federal law, India should arrest the American diplomats in India who are gay and their partners because they are violating section 377 of the Indian penal code.

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Post by confuzzled dude Fri Dec 20, 2013 9:01 pm

Marathadi-Saamiyaar wrote:
indophile wrote:Today's Washington Post story.

Many holes remain in the chronology of events leading up to the arrest, and numerous facts — including the level of diplomatic immunity afforded by Khobragade’s consular status — are in dispute among India, the United States and the parties involved.
 

http://www.washingtonpost.com/world/national-security/in-dispute-over-indian-diplomat-an-internal-us-rift-and-many-unanswered-questions/2013/12/19/0a84f21c-68dd-11e3-ae56-22de072140a2_story.html?hpid=z4

Here is a Gringo making a sensible comment - much like what I have been saying (this many biggies dont get involved in a simple case like that involving a high level diplomat - unless there is something else going on)

*************
jfschumaker
1:37 PM CST
I'm not sure we know all the facts here. Davyani Khobragade was initially treated respectfully by the DS officers who arrested her, but this does not appear to be the case after she was handed over to U.S. Marshals. The U.S. attorney in New York, Preet Bharara, issued a long statement Wednesday, but he was vague and evasive when he talked about how she was treated by the U.S. Marshals service, noting only that she was "fully searched'' by a female deputy marshal in private and called it standard procedure for "every defendant, rich or poor, American or not." In other words, she was most likely handcuffed, strip searched (which usually includes a cavity search), swabbed for DNA and put into a cell with other female prisoners. Looking at Bharara's arrest records, it would seem that he has political ambitions and likes going after rich and highly placed Indians. I think there is a lot more that is going to come out, and a lot of it will not reflect well on him. At a minimum, nobody in New York thought about what might happen to American diplomats in India if Khobragade was mistreated. This is not a simple law enforcement case, as Bharara would have us believe.
*********

Here is another one from WaPo comments section, many Americans are getting it now

"Matt Karj
7:21 PM EST
Oh, the maid must be salivating for the $$ and the green card... pretty sure. At least she was clever enough to not travel to Nicaragua from India and cross the Mexican border into the US (as many morons do). She was smart to use the American legal system (which pretty much goes by the letter of the law alone) and the ambitious US attorney to her own advantage. Witness protection and asylum on a gold platter ! Probably the best Christmas for the maid."

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Post by FluteHolder Fri Dec 20, 2013 9:07 pm

Rishi Thalaiva, nee enna sonnalum thapu thappudhan..

Kutram Kutramee...


FluteHolder

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Post by Kris Fri Dec 20, 2013 9:19 pm

confuzzled dude wrote:
Marathadi-Saamiyaar wrote:
indophile wrote:Today's Washington Post story.

Many holes remain in the chronology of events leading up to the arrest, and numerous facts — including the level of diplomatic immunity afforded by Khobragade’s consular status — are in dispute among India, the United States and the parties involved.
 

http://www.washingtonpost.com/world/national-security/in-dispute-over-indian-diplomat-an-internal-us-rift-and-many-unanswered-questions/2013/12/19/0a84f21c-68dd-11e3-ae56-22de072140a2_story.html?hpid=z4

Here is a Gringo making a sensible comment - much like what I have been saying (this many biggies dont get involved in a simple case like that involving a high level diplomat - unless there is something else going on)

*************
jfschumaker
1:37 PM CST
I'm not sure we know all the facts here. Davyani Khobragade was initially treated respectfully by the DS officers who arrested her, but this does not appear to be the case after she was handed over to U.S. Marshals. The U.S. attorney in New York, Preet Bharara, issued a long statement Wednesday, but he was vague and evasive when he talked about how she was treated by the U.S. Marshals service, noting only that she was "fully searched'' by a female deputy marshal in private and called it standard procedure for "every defendant, rich or poor, American or not." In other words, she was most likely handcuffed, strip searched (which usually includes a cavity search), swabbed for DNA and put into a cell with other female prisoners. Looking at Bharara's arrest records, it would seem that he has political ambitions and likes going after rich and highly placed Indians. I think there is a lot more that is going to come out, and a lot of it will not reflect well on him. At a minimum, nobody in New York thought about what might happen to American diplomats in India if Khobragade was mistreated. This is not a simple law enforcement case, as Bharara would have us believe.
*********

Here is another one from WaPo comments section, many Americans are getting it now

"Matt Karj
7:21 PM EST
Oh, the maid must be salivating for the $$ and the green card... pretty sure. At least she was clever enough to not travel to Nicaragua from India and cross the Mexican border into the US (as many morons do). She was smart to use the American legal system (which pretty much goes by the letter of the law alone) and the ambitious US attorney to her own advantage. Witness protection and asylum on a gold platter ! Probably the best Christmas for the maid."

>>Everyone is playing everyone else in this fiasco. I thought Bharara was vague as well on what happened when the USMC took over, but that can't be helped since that is outside his purview. In a sense, that is likely what is going to blow this case for him. Legalities aside, strip searching an ally's diplomat is a recipe for diplomatic disaster and India's elevating this is entirely justified on those grounds, immunity or no immunity. However, that is going to crowd out whatever valid basis there is for the prosecution. There are no saints in this. I don't think she is innocent of everything, any more than I think Preet Bharara has no political agenda. One thing is for certain though: Bharara bit off more than he can chew, since diplomacy trumps legality when you are dealing with partners who add value economically and strategically.

Kris

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Post by confuzzled dude Fri Dec 20, 2013 9:32 pm

Kris wrote:
>>Everyone is playing everyone else in this fiasco. I thought Bharara was vague as well on what happened when the USMC took over, but that can't be helped since that is outside his purview. In a sense, that is likely what is going to blow this case for him. Legalities aside, strip searching an ally's diplomat is a recipe for diplomatic disaster and India's elevating this is entirely justified on those grounds, immunity or no immunity. However, that is going to crowd out whatever valid basis there is for the prosecution. There are no saints in this. I don't think she is innocent of everything, any more than I think Preet Bharara has no political agenda. One thing is for certain though: Bharara bit off more than he can chew, since diplomacy trumps legality when you are dealing with partners who add value economically and strategically.

Totally agree Kris no saints in this, and the logical move for India is to find out which one of the American diplomat's helped the maid's family get T visa despite of an existing non-bailable warrant on Sangeeta, and return the US favor by treating him nicely in Indian Jail.

.. and now just for kicks

"Longhornzfan
8:46 PM EST
To put it simply ...

A fraudster Indian officer mistreats a blackmailer Indian maid and gets procecuted by an ambitious Indian (born) procecutor and Indians blame the Americans for the fiasco Smile)
"

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