One possible way out of this diplomatic morass ...

by Kris Fri Dec 20, 2013 5:00 am

Both sides want to (and need to) de-escalate the issue. Diplomatic immunity is not going to cut it, as the US law says her immunity is limited. There is a lawsuit hanging over her head, which will turn out to be a disaster if it ever happens, from a PR standpoint for the US. The loophole both sides can concentrate on is the helping of the maid's husband and family to fly to the US, while under legal proceedings in India. The US's ostensible position can be that 'while this was not done with any malicious intent, in retrospect, this can be seen as having a quid pro quo aspect and a potential tainting of the witness. With this in mind, we think it best not to use this witness. Since the exclusion of this witness weakens the prosecution's chances of success, we have decided to pursue an out-of-court settlement'. The terms of this settlement would of course be "confidential". Devyani is clear legally and is cleared for her UN post, which she can occupy for a couple of years and head back to India a heroine (a Bollywood movie made in 2015 perhaps, with Priyanka as DK- a song or two in Central Park, before the arrest? Think of the possibilities, with Manhattan's skyline:) . India saves face. America heads off a diplomatic meltdown. Bharara gets a slap on the wrist, but gets back on track soon enough. We go back to NI/SI issues. All's well that ends well.

by garam_kuta Fri Dec 20, 2013 7:44 am

Kris wrote:Both sides want to (and need to) de-escalate the issue. Diplomatic immunity is not going to cut it, as the US law says her immunity is limited. There is a lawsuit hanging over her head, which will turn out to be a disaster if it ever happens, from a PR standpoint for the US. The loophole both sides can concentrate on is the helping of the maid's husband and family to fly to the US, while under legal proceedings in India. The US's ostensible position can be that 'while this was not done with any malicious intent, in retrospect, this can be seen as having a quid pro quo aspect and a potential tainting of the witness. With this in mind, we think it best not to use this witness. Since the exclusion of this witness weakens the prosecution's chances of success, we have decided to pursue an out-of-court settlement'. The terms of this settlement would of course be "confidential". Devyani is clear legally and is cleared for her UN post, which she can occupy for a couple of years and head back to India a heroine (a Bollywood movie made in 2015 perhaps, with Priyanka as DK- a song or two in Central Park, before the arrest? Think of the possibilities, with Manhattan's skyline:) . India saves face. America heads off a diplomatic meltdown. Bharara gets a slap on the wrist, but gets back on track soon enough. We go back to NI/SI issues. All's well that ends well.

ha ha ha..quite an entertaining solution - but then an even more entertaining one here : Devyani Khobragade urged to stand for parliament

by Rishi Fri Dec 20, 2013 7:54 am

garam_kuta wrote:
Kris wrote:Both sides want to (and need to) de-escalate the issue. Diplomatic immunity is not going to cut it, as the US law says her immunity is limited. There is a lawsuit hanging over her head, which will turn out to be a disaster if it ever happens, from a PR standpoint for the US. The loophole both sides can concentrate on is the helping of the maid's husband and family to fly to the US, while under legal proceedings in India. The US's ostensible position can be that 'while this was not done with any malicious intent, in retrospect, this can be seen as having a quid pro quo aspect and a potential tainting of the witness. With this in mind, we think it best not to use this witness. Since the exclusion of this witness weakens the prosecution's chances of success, we have decided to pursue an out-of-court settlement'. The terms of this settlement would of course be "confidential". Devyani is clear legally and is cleared for her UN post, which she can occupy for a couple of years and head back to India a heroine (a Bollywood movie made in 2015 perhaps, with Priyanka as DK- a song or two in Central Park, before the arrest? Think of the possibilities, with Manhattan's skyline:) . India saves face. America heads off a diplomatic meltdown. Bharara gets a slap on the wrist, but gets back on track soon enough. We go back to NI/SI issues. All's well that ends well.

ha ha ha..quite an entertaining solution - but then an even more entertaining one here : Devyani Khobragade urged to stand for parliament

>>> I hope she joins BJP and stands for election. She will certainly win. And Modi should make her the minister of external affairs.

by truthbetold Fri Dec 20, 2013 8:50 am

I am not sure if much will happen before holidays. May be after 1st of the year. My guess is us will wait till media frenzy dies down. May be months.
One problem is India raised the pitch so high something foolish hurting us interests in India could happen through mass frenzy. That will queer the pitch.
One thing India must do is clean up its policy on this messey issue. It does not reflect well on a country that talks about social ideals and democracy.
also us may have some morally square officials who may be raising technical issues to allow a compromise. Which us official would risk public criticism to resolve an unsympathetic issue with a not so popular nation.

by Kris Fri Dec 20, 2013 11:56 am

truthbetold wrote:I am not sure if much will happen before holidays. May be after 1st of the year. My guess is us will wait till media frenzy dies down. May be months.
One problem is India raised the pitch so high something foolish hurting us interests in India could happen through mass frenzy. That will queer the pitch.
One thing India must do is clean up its policy on this messey issue. It does not reflect well on a country that talks about social ideals and democracy.
also us may have some morally square officials who may be raising technical issues to allow a compromise. Which us official would risk public criticism to resolve an unsympathetic issue with a not so popular nation.

>>TBT, you make it sound like this type of posturing is unusual behavior for Indian politicians. Smile

by Marathadi-Saamiyaar Fri Dec 20, 2013 1:13 pm

truthbetold wrote:I am not sure if much will happen before holidays. May be after 1st of the year. My guess is us will wait till media frenzy dies down. May be months.
One problem is India raised the pitch so high something foolish hurting us interests in India could happen through mass frenzy. That will queer the pitch.
One thing India must do is clean up its policy on this messey issue. It does not reflect well on a country that talks about social ideals and democracy.
also us may have some morally square officials who may be raising technical issues to allow a compromise. Which us official would risk public criticism to resolve an unsympathetic issue with a not so popular nation.

Actually holidays is the best time to quietly close the chapter....and everyone will sing along...as though nothing happened. Also, one can claim in the true spirit of Christmas all is forgiven.

by truthbetold Fri Dec 20, 2013 1:19 pm

[quote="Kris"]

truthbetold wrote:
One thing India must do is clean up its policy on this messey issue. It does not reflect well on a country that talks about social ideals and democracy.

>>TBT, you make it sound like this type of posturing is unusual behavior for Indian politicians.

kris ,
i am not sure why you got that perception?

we are all well aware of past arrests on similar charges , and this particular case going on for a while. Indian govt judged that us will not take any legal action based on perceived close relationship between the countries. these assumptions were proven false. Indian mea had a plan to rectify this situation in discussion for a while. they can dust it off and try that. i am merely stating that 'chalta hai' days are gone and the issue is in wide publicity. just like nirbhaya bill and lokpal bill they have to set.up a mea policy on domestic help with some urgency.

by goodcitizn Fri Dec 20, 2013 1:23 pm

garam_kuta wrote:
ha ha ha..quite an entertaining solution - but then an even more entertaining one here : Devyani Khobragade urged to stand for parliament

I liked this excerpt from your link, GK.

The dismay over Khobragade's treatment may be a reflection of the special treatment sometimes given to affluent and elite citizens in India, who are rarely seen being brought to book.

Few were surprised this week when a former government minister who was jailed for five years in October for his part in a multi-million-dollar embezzlement racket was granted bail and walked free.

Anand Grover, a leading Indian human rights lawyer, said that minorities and the poor were often dealt with harshly in detention, but "people from the upper class will be treated differently".

No wonder Mayawati and others want her to contest in the upcoming elections. With her penchant to be deceptive and dishonest she has automatically become qualified to be a member of the parliament.

It is a pity that many Indians are reacting to the Desi media blitz. Talk about misplaced sense of patriotism.

by truthbetold Fri Dec 20, 2013 1:30 pm

[i]Anand Grover, a leading Indian human rights lawyer, said that minorities and the poor were often dealt with harshly in detention.

is he talking about treatment of blacks and Hispanics?

by truthbetold Fri Dec 20, 2013 8:34 pm

Resolution of this problem is contingent upon her willingness to get out Usa. But she got a husband who probably wants to stay in Usa. That probably caused lot of this 'sir phira' arguments.

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