India-US relations: cooling and warming up (merged thread)

[jmm99]

from arraignment before the Federal magistrate (pursuant to the DoS complaint which we have) about 4pm, she was in custody of the US Marshals Service from about noon. This was the most verbatim statement I could find, as reported by PTI, US Marshals (Press Trust of India, Washington, December 19, 2013):

Indian diplomat Devyani Khobragade, arrested last week in New York on charges of visa fraud, was not subject to cavity search, as being alleged, the US Marshals Services claimed today.

"In reference to your question about the cavity search, the answer is no," Nikki Credic-Barrett, spokesperson of the US Marshals Service, told PTI in response to a question on the allegations by the family of the senior Indian diplomat that she was subject to cavity search.

"Devyani Khobragade was transferred to the US Marshals at approximately noon, December 12, pending her initial appearance before a United States federal magistrate judge," the spokesperson said.

"After her appearance, she was released at approximately 4 p.M. The same day. Khobragade was subject to the same search procedures as other arrestees held within the general prisoner population in the Southern District of New York, which in this case was a strip-search," Credic-Barrett said.

"In reference to the DNA swab, the responsibility for collection of a DNA sample was that of the arresting agency, US Department of State, Bureau of Diplomatic Security," she said when asked about the allegations of DNA swab.

The applicable USMS Directive is here; and the point of controversy will be this:

3. Strip Search: A complete search of a prisoner's attire and a visual inspection of the prisoner's naked body, including body cavities. The following procedures are applicable to a strip search:

a. Strip searches on prisoners in custody are authorized when there is reasonable suspicion that the prisoner may be (a) carrying contraband and/or weapons, or (b) considered to be a security, escape, and/or suicide risk. Reasonable suspicion may be based upon, but is not limited to, one or more of the following criteria:

1) Serious nature of the offense(s) charged, i.e., whether crime of violence or drugs;

2) Prisoner's appearance or demeanor;

3) Circumstances surrounding the prisoner's arrest or detention; i.e., whether the prisoner has been convicted or is a pretrial detainee;

4) Prisoner's criminal history;

5) Type and security level of institution in which the prisoner is detained; or

6) History of discovery of contraband and/or weapons, either on the prisoner individually or in the institution in which prisoners are detained.

I expect the USMS will defend its officers' decision on the basis of 5 & 6.

Please note that this is a "false statement" case - a Martha Stewart redux; and technically the legality of the search does not bear on that charge.

And, a "whoa Silver" on those talking about generic "US police". This case was brought by the US Department of State - and the arrest and initial custody (until noon) was by DoS Diplomatic Security officers. I expect that we'll also find out that some diplomatic "back channeling" went on before the arrest.

Regards

Mike

[Ray]

India-US diplomat row: The Devyani Khobragade case looks all maid up

Why did the US grant visas to Sangeeta Richard's family and fly them out to the US two days before Devyani was arrested?

http://www.dnaindia.com/india/report...aid-up-1937478

[carl]

Why did the US grant visas to Sangeeta Richard's family and fly them out to the US two days before Devyani was arrested?

About that question, Preet Bharara had this to say:

"Fifth, as has been reported, the victim's family has been brought to the United States. As also has been reported, legal process was started in India against the victim, attempting to silence her, and attempts were made to compel her to return to India. Further, the Victim's family reportedly was confronted in numerous ways regarding this case. Speculation about why the family was brought here has been rampant and incorrect. Some focus should perhaps be put on why it was necessary to evacuate the family and what actions were taken in India vis-a-vis them. This Office and the Justice Department are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending."

It appears you don't want to mess with Mr. Bharara.

[Ray]

About that question, Preet Bharara had this to say:

"Fifth, as has been reported, the victim's family has been brought to the United States. As also has been reported, legal process was started in India against the victim, attempting to silence her, and attempts were made to compel her to return to India. Further, the Victim's family reportedly was confronted in numerous ways regarding this case. Speculation about why the family was brought here has been rampant and incorrect. Some focus should perhaps be put on why it was necessary to evacuate the family and what actions were taken in India vis-a-vis them. This Office and the Justice Department are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending."

It appears you don't want to mess with Mr. Bharara.

I think it is disingenuous of Bharara or anyone to feel that the US is the sole refuge for justice in the whole world, while every other country's systems and judiciary are flawed. It does appear a bit arrogant, if not supercilious, to those who are not Americans.

The necessity about 'evacuating' is really hilarious. Is India a totalitarian State? In fact, the manner in which the NYPD reacts like wild men on the loose to situations is legend. And then they also go scot free! Does not speak highly of US justice, does it?

What makes Bharrara feel that in India people are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending?

Let me also add that people of Indian origin have this tendency to out American Americans to prove they are more American than America. Bararra is no exception nor is a chap called Ravi Batra I saw on TV who instead of answering questions went into a hyperbolic ecstasy talking of the US constitution being the greatest in the world and such tripe. He was hilarious!

The summary of the case (take it for what it is worth) is here
http://en.wikipedia.org/wiki/Devyani...agade_incident

This case has got the majority of Indians indignant, not on the legal aspect, but the violation of diplomatic niceties and moralising with pious justification, more so, when US diplomats pay less than a one dollar to their paid help in third world countries as is reported by the US documents itself! I wonder how come the US Govt and the US courts do not find it a violation, when the Embassies and Consulates are taken to be US territories! Surely, the pontificating US State Dept can take suo moto congnisance. And what about the only court in the world that gives Justice (as is claimed) – the US Courts?

The worry that I have is that there is a real and genuine revulsion in India over the insensitive US' handling of the case.

The danger is that it may push India away from the US and into the opposite camp.

It might mean "Hi Yo, Silver away!'.

The case and its outcome does not worry me.

What worries me is the repercussion on the Indo US relationship.