U.S. Prosecutors Challenge Khobragade’s Immunity Plea

NEW YORK – Amid efforts torepair frayed India-U.S. relationsafter a major diplomatic rowover the arrest of DevyaniKhobragade on charges of visafraud, U.S. prosecutors havechallenged the Indian diplomat’sclaims of immunity.Khobragade is not immunefrom prosecution on charges ofvisa fraud and making falsestatements, Indian-AmericanUS prosecutor Preet Bharara’soffice argued in filings in a federalcourt Friday opposingKhobragade’s plea.Having left the U.S. andreturned to India “the defendantcurrently has no diplomatic orconsular status in the UnitedStates”, prosecutors argued,”and the consular level immunitythat she did have at the relevanttime does not give herimmunity for the charges in thiscase, crimes arising out of nonofficialacts”.In support of its argument,Bharara’s office cited a declarationby the State Departmentsaying that federal authoritieswere not wrong in arresting anddetaining Khobragade Dec 12as she did not have full diplomaticimmunity in her capacityas India’s then deputy consulgeneral in New York.The State Department alsodetermined that her immunity inconnection with her short-livedstint at the Indian mission to theUN Jan 8-9 before she wasasked to leave the U.S. “is no barto prosecution”.”From the time of her departurefrom the U.S. Jan 9 throughthe present, Khobragade enjoysresidual diplomatic immunityonly for acts she performed inthe exercise of her functions asa member of the mission Jan 8-9,” prosecutors argued.Prosecutors also argued thatKhobragade’s indictmentcharges offences are based onher private conduct and not herofficial conduct.”Her domestic worker was notan employee of the ConsulateGeneral of India and did notperform work related to consularfunctions,” they said.In court papers, Khobragade’slawyer Daniel Arshack said thatdiplomatic immunity granted toher by the U.S. StateDepartment gave her absoluteimmunity from US prosecution,even for suspected acts committedearlier.