Charges against Indian diplomat dismissed by US Judge

[PrimusPilus]

As expected, diplomat's immunity stands in court. Was the US Attorney over zealous?

[greywar]

Originally Posted by PrimusPilus

As expected, diplomat's immunity stands in court. Was the US Attorney over zealous?

Not at all, quite the opposite. Both you and the article you linked to miss some very very important details.

1. at the time of the crime and her arrest she did NOT have diplomatic immunity.
2. the charges were dismissed because when she windicted she DID. In some fascinating diplomatic shenanigans. The day before her indictment she was named as a counselor to India's mission to the United Nations.

[PrimusPilus]

Originally Posted by greywar

Not at all, quite the opposite. Both you and the article you linked to miss some very very important details.

1. at the time of the crime and her arrest she did NOT have diplomatic immunity.
2. the charges were dismissed because when she windicted she DID. In some fascinating diplomatic shenanigans. The day before her indictment she was named as a counselor to India's mission to the United Nations.

I'm afraid you're wrong. Diplomatic immunity is not retroactive. I'm sure the US court judge would have taken that into consideration. So in your opinion everyone is wrong?

[greywar]

Originally Posted by PrimusPilus

I'm afraid you're wrong. Diplomatic immunity is not retroactive. I'm sure the US court judge would have taken that into consideration. So in your opinion everyone is wrong?

Maybe...just MAYBE....you should google it a bit before replying.

She had diplomatic immunity for a day-the single day on which she was indicted.

In fact, the link in the article, if you follow it, it goes into detail.
From:
http://bigstory.ap.org/article/us-ju...-diplomat-case
which was linked in your original link
"
Wednesday's ruling centered on the complexities of different levels of legal protection afforded to diplomats. When Khobragade was arrested, U.S. officials said her status as a consular officer provided immunity limited to acts performed in the exercise of official functions. She disagreed, and then, on the day before her Jan. 9 indictment, she got a new appointment that conferred wider immunity.
Regardless of Khobragade's status when she was arrested, her later appointment gave her immunity when indicted and means the case must be dismissed, U.S. District Judge Shira Scheindlin wrote. And while Khobragade's immunity ended when she left the country, the indictment still could not stand, the judge wrote.
The judge said that mooted the question of whether the crimes Khobragade was accused of committing would have been considered "official acts" covered by the earlier, more limited immunity. If not, the judge wrote, "then there is currently no bar to a new indictment against Khobragade."
Since Khobragade does not have immunity now and courts have yet to settle what protection she had when arrested, that leaves a potential path for a new indictment, though any new case might be complicated by Khobragade's absence from the U.S."

[greywar]

and....re-indicted.

US re-indicts Indian diplomat on visa fraud | RealClear

[AnnieA]

Originally Posted by greywar

and....re-indicted.

US re-indicts Indian diplomat on visa fraud | RealClear

Thx, I thought I had read this. Oh my.