On War Path, Devyani Charges Bharara with Obfuscations & Irrelevant Arguments

Disgraced Indian Diplomat Devyani KhobragadeIf you read between the lines of disgraced Indian diplomat Devyani Khobragade’s court filing today, U.S. Attorney for the Southern District of New York Preet Bharara and his legal team are a bunch of idiots who don’t know the law and are therefore engaging in obfuscations and making irrelevant arguments.

Devyani’s filing to the U.S. District Court for the Southern District of New York was made today in further support of her previous plea to dismiss the prosecution’s indictment against her on January 9, 2014 before she left the U.S.

Devyani Khobragade was attached to the NYC Indian Consulate as Deputy Consul General until her arrest on charges of visa fraud and making false statements. She was subsequently granted diplomatic immunity following her accreditation to the U.N. and then expelled from the U.S.

Strong Argument

The essence of Devyani’s argument in her court filing today is that when the indictment was issued against her on the morning of January 9, 2014 she was already cloaked in full immunity since the U.S. State Department had provided her diplomatic status the previous day (January 8, 2014)  at 5:47PM as Counselor to the Permanent Mission of India to the United Nations.

If, as she claims, Devyani was a diplomat with immunity on January 9, the U.S. did not have criminal jurisdiction over her and hence the indictment is invalid.

Devyani’s attorney Daniel Arshack cites case law and U.S. State Department rules to make a strong argument.

At the time that the indictment was obtained and filed in the early afternoon hours of January 9, 2014, Dr. Khobragade was present in the United States and continued to be cloaked in such immunity. 22 U.S.C. §254(d) and the cases cited above mandate that any proceeding or action brought against a diplomat while cloaked in immunity must be dismissed. – p.8

When a diplomat is cloaked with immunity at the commencement of an action, that action must be dismissed even if the diplomat is later terminated from the diplomatic post. – p.9

Devyani’s attorney argued that the prosecution could bring a new case against her but could not proceed with the current indictment, which he termed an “invalid instrument” since it was filed when she was “still imbued with diplomatic diplomatic immunity.”

The question before the court now is at what point Devyani’s immunity was revoked and converted to “former” diplomat status.

According to Arshack, Devyani was a diplomat with immunity until she left the U.S. at 8:30PM on January 9, 2014.

Dr. Khobragade did not become a “former” diplomat until that evening at approximately 8:30pm when her airplane departed American airspace. p.6


Devyani’s attorney Arshack dismisses prosecutor Bharara and his team’s previous objections toward dismissing her indictment in strong terms.

Devyani’s filing today charges the prosecution’s efforts to distinguish between immunity conferred upon consular officials versus diplomats (under the respective Vienna Conventions) as a means to deny relief to her as “inapposite distinctions” that “are a clear effort to obfuscate, are irrelevant and do not assist the Court in resolving this matter” (p.1)

The Indian diplomat’s court motion repeated her old argument that she should never have been arrested on December 12, 2013 since she was accredited as an Advisor to the U.N. from August 26, 2013 to December 31, 2013.

Based on the latest filing by Devyani’s attorney, it does appear that she has made a strong case to get the indictment against her dismissed.

Related Devyani Khobragade Content:
Devyani Response on Indictment dt Feb 7, 2014
U.S. Opposes Devyani Indictment Dismissal Motion
Devyani Khobragade Files Motion to Dismiss – Court Filing
Crime Pays! Indian Slave Owner Devyani Khobragade Escapes Punishment
Devyani Khobragade Indictment Copy
Devyani Khobragade – Indictment Exhibits
Who the Heck is Devyani Khobragade?

4 Responses to "On War Path, Devyani Charges Bharara with Obfuscations & Irrelevant Arguments"

  1. sam   February 8, 2014 at 12:46 am


    Yeh hai India Ka Haal!

    SearchIndia.com Responds:

    If India were to prosecute the policemen behind every fake encounter, there’d be over 1,000 policemen in jail.

    No civilized nation has this “encounter” nonsense.

    God knows how many innocent Indians have been “encountered.”

    I doubt any of the IB officers will ever be punished.

  2. rmadasu   February 8, 2014 at 9:25 am

    This seems more like the lawyers doing what they do best, keep the case running and the meter burning. Its the Indian government paying for all this anyway.

    We all know how public money is burnt by the powerful for their own benefit.

    SearchIndia.com Responds:

    Devyani’s lawyer must be costing Indians $300 an hour!

  3. alphaalpha   February 8, 2014 at 12:10 pm

    I wonder why they wish to continue this ordeal.

    She had left the country, the nation has already paid a heavy price in terms of pride, political capital and money.

    It appears as though this continuing of court filings is only to facilitate Khobragade getting immigration status.

    I would hope that in the very least she is footing the legal bills at this point in time.

    Then, this is India, and we know what well connected people like the Khobragade family are capable of.

    SearchIndia.com Responds:

    In the Roman era, entertainment for the people used to happen in huge arenas and take the form of less privileged/desperately poor fighting lions, tigers, elephants etc. with the inevitable outcome.

    Now Indian taxpayers have become the entertainment and the meal for powerful netas, crooked babus and greedy banias!

    The $64,000 question – Who is footing the legal bills now that Devyani Khobragade has left for Mera Bharat Mahaan.

    Indian media should pose the question to the Ministry of External Affairs.

  4. msveda   February 8, 2014 at 7:10 pm

    There is a serious sense of Social discontent among General Public. People are fed up with Politicians, Govt officers, Businessmen and Landlords.

    Unlike in last 60 years, they cannot continue looting people in same vein. I hope upcoming Parliamentary election results will teach lesson or two to these morons.

    SearchIndia.com Responds:

    Social discontent seldom translates into substantial change unless it’s lubricated by the catalyst of violence.

    I don’t know how long or how effective AAP will be.

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