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India retaliates

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So is your name cathy? I always thought you were some Asian dude @jhungary
 
It doesn't matter what the actual procedure is for U.S. citizens, the rules say that even for a diplomat with limited immunity like in this case, arrest is only warranted in "grave" crimes. Reciprocity can be quite a pain. A common reason not to treat representatives of foreign countries harshly is that it exposed U.S. diplomatic personnel to similar actions. That is common sense. I do not believe that the U.S. government will see this case to its legal conclusion, more likely that this matter is resolved by other means. Which begs the question, what is the intent here? I have seen reports on TV suggesting that even Bharara's office credit people in Washington for the arrest (almost like they don't want to be the only ones holding this baby), that could only mean a deliberate act meant to send some sort of a message. What that is remains unclear to us as of now but there is little doubt that this is not as simple and straightforward as made out to be.

Don't you think that misstating the salary for visa process and then underpaying the maid constitutes "grave" crime? There is a minimum salary to qualify for visa to US(for example, H1 used to be $36,000 per hour) but she was paid less than $4 per hour(do note that the minimum wage in US is $7.25 per hour). This is at best labor exploitation and worst case it is human trafficking. Whatever may be the case, she has committed a fraud. The question here is the diplomatic immunity for which she qualifies or not. That is the root of the contention here between U.S and Indian Governments.

Problem is the manner in which she was treated , arrest is not a problem, but she is a diplomat and there are protocols to follow.

If you read the Hindu article, the source who claims strip searching is no one - not even her attorney claims so. It is just that the jingoistic Indian media had picked the news from somewhere. Handcuffing for a felony arrest is a norm here in US and no one is spared. So not sure what is the mistreatment here.
 
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The question as far as I concern is, did the arresting know the detainee a diplomat?

If the officer did not know she was a diplomat then why US did not offer any condolence over her arrest?

Tit for tat India today asked all US diplomats in India to surrender there IDs to India. Now let the game begin.
 
Why is it a good step? She was under paying her maid which is a crime under US labor laws. Exploiting her maid will get you punished do not think since you are a diplomat you can go around breaking all laws.

actually the protest is against her strip search
 
actually the protest is against her strip search

There is no source which claims she was strip searched - read the Hindu article above. Even her attorney does not claim so. It is just that the Indian media picked up the news from somewhere else.
 
The strip search did not even come up till recently. Every one was objecting about the arrest.
There is no source which claims she was strip searched - read the Hindu article above. Even her attorney does not claim so. It is just that the Indian media picked up the news from somewhere else.


;) Americans should learn to understand Indian media gimmick.

If the officer did not know she was a diplomat then why US did not offer any condolence over her arrest?

Tit for tat India today asked all US diplomats in India to surrender there IDs to India. Now let the game begin.

defending your diplomat for wrongdoing
 
Problem is the manner in which she was treated , arrest is not a problem, but she is a diplomat and there are protocols to follow.

That would bring back the same question, how do the officer know she is an diplomat? The arrest warrant will not have a little remark saying "beware, she is a diplomat"


Maybe I wasn't so clear before, I think the whole situation is messed up. If DA and justice department were up to the game, they will let the state department to handle it and lead a diplomatic security team to go to the embassy and arrest her there. But under the current circumstance, I would have to say the procedure is adequate.

I am not a judge, I am simply stating fact according to the law :)

So is your name cathy? I always thought you were some Asian dude @jhungary

I am his wife, I am a lawyer and he pass me his phone and tell me to answer this ...

- cathy
 
If you read the Hindu article, the source who claims strip searching is no one - not even her attorney claims so. It is just that the jingoistic Indian media had picked the news from somewhere. Handcuffing for a felony arrest is a norm here in US and no one is spared. So not sure what is the mistreatment here.

She is no ordinary citizen, she is a diplomat and there are protocols.

That would bring back the same question, how do the officer know she is an diplomat? The arrest warrant will not have a little remark saying "beware, she is a diplomat"


Maybe I wasn't so clear before, I think the whole situation is messed up. If DA and justice department were up to the game, they will let the state department to handle it and lead a diplomatic security team to go to the embassy and arrest her there. But under the current circumstance, I would have to say the procedure is adequate.

I am not a judge, I am simply stating fact according to the law :)



I am his wife, I am a lawyer and he pass me his phone and tell me to answer this ...

Reason why India is protesting for this carelessness of US govt.
 
If the officer did not know she was a diplomat then why US did not offer any condolence over her arrest?

Tit for tat India today asked all US diplomats in India to surrender there IDs to India. Now let the game begin.

Why would the LEO offer apologies if they act within the guideline?
 
She is no ordinary citizen, she is a diplomat and there are protocols.

Reason why India is protesting for this carelessness of US govt.

But before you said Indian were protesting for her treatment.

Because it will still be the same even if the American know she is a diplomat. Only different will be India know beforehand and the place of arrest will be in the embassy

That is where the contention is - whether she enjoys diplomatic immunity vs consular immunity. U.S is treating as her having only consular immunity which would mean she is protected only for official work and not for personal reasons.

Consular immunity - Wikipedia, the free encyclopedia

That is where the contention is - whether she enjoys diplomatic immunity vs consular immunity. U.S is treating as her having only consular immunity which would mean she is protected only for official work and not for personal reasons.

Consular immunity - Wikipedia, the free encyclopedia

Actually, both can only be claim officially after an arrest and the processing. Even with full diplomatic immunity, the subject is still liable to be arrested

- Cathy
 
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That is where the contention is - whether she enjoys diplomatic immunity vs consular immunity. U.S is treating as her having only consular immunity which would mean she is protected only for official work and not for personal reasons.

Consular immunity - Wikipedia, the free encyclopedia

India is not protesting the arrest, But the manner in which it was done and the things happened after that. Diplomatic channels do have some protocols in the interest of mutual relations and USA did care for Indian concerns.
 
India is not protesting the arrest, But the manner in which it was done and the things happened after that. Diplomatic channels do have some protocols in the interest of mutual relations and USA did care for Indian concerns.

The NY DA office would have assessed for the diplomatic protection enjoyed by the Indian official under question. They do not care for the mutual relations and their immigration wing has been active for the past 1 year in preventing frauds as it is their stated policy that NY is a diversified city and they will not tolerate any frauds against immigrants. So they moved against this officer.

The relationships are managed by Washington but if the Indian official by way of her position did not enjoy immunity, their hands are tied.
 
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