Preet Bharara re-files case.
By Deepak Chitnis
WASHINGTON, DC: One of the most famous quotes from The Godfather trilogy is Michael Corleone’s passionate utterance of the line “Just when I thought I was out, they pull me back in!†Devyani Khobragade must undoubtedly be feeling the same way.
Just two days after a US federal judge threw out the case against Khobragade – who was under indictment for charges of visa fraud and making false statements to federal authorities regarding how much she was paying her maid, Sangeeta Richard – a New York grand jury has re-indicted her on the very same charges.
The news isn’t completely out of the blue, as the office of US Attorney for the Southern District of New York Preet Bharara did indicate that they intended to re-file the case against Khobragade even after it was dismissed on Wednesday. But it throws a wrench in the US-India bilateral relationship that was thought to have been largely settled for now.
Read the complete coverage of Devyani Khobragade stories here
Even in dismissing the case two days ago, the judge said that there was “no bar [against] a new indictment†because of the fact that her immunity, valid though it may have been when Khobragade was originally arrested and prosecuted, is now null and void because she left the country.
Khobragade is currently in New Delhi, along with her two young daughters and husband, all of whom are American citizens.
What’s more, Khobragade is also now in trouble with her home government, as it was revealed recently that her daughters hold passports for both the US and India, making them dual citizens. India has a law against dual citizenship with any foreign country, and could create problems for Khobragade back home with the government that has staunchly stood by her throughout her conflict with the US.
Khobragade’s lawyer, Daniel Arshack, said that the re-indictment is an unnecessarily aggressive move that Bharara could end up regretting. Meanwhile, it is not yet known if Khobragade ever plans to return to the US again, and almost certainly won’t for the foreseeable future, until she gets past this new hurdle.
UPDATE 3/15/14:
The Embassy of India in Washington, DC released a statement this morning lambasting the decision to re-file the indictment against Khobragade, saying it was “disappointed” and calling the action “unnecessary.”
“Any measures consequent to this decision in the US, will unfortunately impact upon efforts on both sides to build the India-US strategic partnership, to which both sides are committed.”
Additionally, the Embassy stated that it believes the case has no merit, and that US courts have no jurisdiction over Khobragade now that she is in New Delhi. The brief press release concludes by saying that the Indian government will no longer engage any matters regarding this case in US courts.