He bemoaned that public
outrage was focusing not on Khobragade's alleged treatment of the
housekeeper and her spouse, but on the U.S. government's treatment of
the diplomat.
"Is it for U.S.
prosecutors to look the other way, ignore the law and the civil rights
of victims (again, here an Indian national), or is it the responsibility
of the diplomats and consular officers and their government to make
sure the law is observed?" he asked rhetorically.
Bharara defended the
handling of the arrest and custody, though his office was not involved.
"Khobragade was accorded courtesies well beyond what other defendants,
most of whom are American citizens, are accorded," he said. "She was
not, as has been incorrectly reported, arrested in front of her
children. The agents arrested her in the most discreet way possible, and
unlike most defendants, she was not then handcuffed or restrained."
In addition, she was allowed to keep her phone and make calls to arrange personal matters, including child care, he said.
"Because it was cold
outside, the agents let her make those calls from their car and even
brought her coffee and offered to get her food. It is true that she was
fully searched by a female deputy marshal -- in a private setting --
when she was brought into the U.S. Marshals' custody, but this is
standard practice for every defendant, rich or poor, American or not, in
order to make sure that no prisoner keeps anything on his person that
could harm anyone, including himself. This is in the interests of
everyone's safety." [italics added]--CNN report about the arrest
There are all sorts of issues connected to the arrest of Devyani Khobragade in New York.
She is (or may be) a diplomat from India and may or may not have diplomatic immunity. New York accuses her of abusing a domestic worker by underpaying her. She is not accused of human trafficking or selling the worker in to a life of prostitution, but of underpaying her.
1. The arrested woman was strip searched and had her vagina probed, just in case this mother and diplomat was carrying a concealed switch blade in her vagina. Just in case she carried an explosive in her vagina, with which she might harm some of the other prisoners (or herself !) Of course, this is a legitimate concern for the New York prosecutor, because, Heaven knows, this woman, who apparently had just dropped her child off at day care might have known the arrest was coming and loaded up her vagina to do battle at the jail. Might have locked and loaded that very morning.
You never know.
Some have described this as "finger rape" in jail. Some would not. It's just what every female American citizen can expect when taken into custody by their government at any time in any jail. Ain't not big thing, according to the New York state prosecutor. A little vaginal probing, stripping. Endorsed by Justices Scalia, Roberts, Alito and Thomas, too. They are all for it. Got to protect those jailors from dangerous criminals like Dr. Khobragade. Feed her coffee and doughnuts first, just to get her in the mood.
2. The New York Times ran an editorial supporting the state, saying the treatment befitted the crime. Of course, the venerable Times completely ignored the idea of punishing (by finger raping and stripping) someone who has been only accused and not convicted of a crime. One might ask what was in the coffee of the Times editorial board that night.
3. Diplomats are typically protected from dingy cells and in jail genital manipulation. Mad Dog recalls a conversation he had with an American foreign service officer some years ago. Mad Dog was speaking to this foreign service officer because the son of a Mexican diplomat had crossed the double yellow line on a Friday night, in his car, which was loaded with eight other teenagers. There may or may not have been drinking involved.
You guess.
And the car wound up in Mad Dog's windshield. Mad Dog's wife, riding in the passenger seat was air lifted to the trauma center, unconscious, spent two weeks in intensive care and did not walk without crutches for six months.
Mad Dog had to hire an in house au pair to care for his 9 month and 2 year old sons, and Mad Dog was just starting his practice in Washington, DC and did not have the money to pay for his wife, his sons and still try to go to the office and hospital.
The son of the diplomat was not arrested at the scene. The police told Mad Dog the father arrived "waving his diplomatic card around like it was a credit card," and the father took him home, leaving the wreckage of the two cars and the seven other injured teenagers behind.
"Well," the American foreign service officer told Mad Dog, "If we don't honor the diplomatic protection here, our foreign service officers in Mexico, Turkey, Beirut and the Soviet Union are all exposed."
Not only could Mad Dog not see the son locked up, Mad Dog could not sue the father.
Diplomatic immunity.
But here today we have a diplomat (or some family member) finger raped before she is even tried in court for a non violent crime.
(And the New York Times sees nothing wrong with this and upbraids the Indians for getting angry.)
America looks at the rest of the world and sees barbarians.
What do the Indians and the British think, when they look at America and see Texas executing people with all the abandon of an afternoon barbecue? What do they think when they learn women, a mother having dropped her child off at day care, is hauled off for a strip search in an American jail?
What do Americans think about strip searching?
Oh, won't happen to me. Won't happen to my wife or daughter.
Not my problem.
Live free or die.
Mad Dog,
ReplyDeleteWhat a horrible experience for your family to have gone through. Your poor wife, although I know that such an ordeal takes it's toll on more than just the patient. It had to have been relentlessly hard for you to oversee your wife's care, work at your practice and be responsible for two babies. To have the driver face no repercussions for causing such hardship had to have added insult to injury. I'm sorry you and your wife had to face all that..
I share your outrage at the NYTimes. Since when can the editorial board not recognize more than one aspect of a story. Sure diplomats should pay their employees legally and foreign countries shouldn't retaliate against the US in a way that puts innocent Americans in danger. So, the media is so hung up on these points they fail to notice the injustice done to this woman-to all women-in US jails. No one thought for a moment the diplomat was hiding something in her vagina, yet they violated her anyway, apparently in the name of consistency. She was treated, the authorities assured us, the same way any American woman would be in those circumstances. It's not fair to violate some women-we need to violate all women. That's a comfort to know- women are strip searched and probed even when their jailers have every reason to believe it's not necessary. Of course other countries look at us as the barbarians, in this case, we are. For the NYTimes to ignore this part of the story is both outrageous and baffling...
Maud
Ah Maud,
ReplyDeleteGlad someone in this country is outraged about strip searching beyond me. Yes, we abused her, but we abuse everyone, so it's fair.
Ye gads.
As for the car wreck, yes it was a horror show, but actually some good things came out of it. Our au pair was a Galludet co-ed, not yet deaf but destined. Our 9 month old learned sign language before he could speak. My wife only discovered this when she finally was up and walking--pushing him through the local grocery store in a shopping cart and he's flailing his arms around, and she's ignoring him and some woman comes up and starts signing with him, having a conversation. She signs to my wife who has no idea what she is doing and this woman is horrified that my wife has this deaf child and she cannot even sign and the kid has nobody to talk to.
I got a call about this at the office.
Did you know our son can carry on a conversation? Actually, I have never heard him say a word, but he's only just past one. Well, apparently, he has many thoughts, and he shared them with some woman in the store today. He might have shared them with me, but I do not know SIGN LANGUAGE.
Like many adventures, it was no fun going through it, but it did provide a lot of memories.
Mad Dog
Mad Dog,
ReplyDeleteThat is a great story! Certainly makes you wonder what it was he was trying to say..It does seem that even in the most difficult situations there are some silver linings-a signing baby is surely one..
Maud