Strauss-Kahn Does Not Have Diplomatic Immunity

Tyler Durden's picture

To all those who thought, himself probably included, that DSK would get away scott free from his most recent rape incident (as opposed to the metaphorical rape that the IMF has exercised over the decades over insolvent creditor nations), the Telegraph has one word: wrong. "Dominique Strauss-Kahn was told he does not have diplomatic immunity from prosecution against charges including alleged rape, said Paul Browne, an NYPD spokesman."

Here's why:

According to the IMF's Articles of Agreement, officials have immunity "with respect to acts performed by them in their official capacity except when the Fund waives this".

The organisation demands that member countries notify it when officials are arrested, so that it can assess whether this applies. It is unclear what Mr Strauss-Kahn was doing in New York.

Under normal circumstances it is the managing director – Mr Strauss-Kahn – who decides whether immunity applies, provided the IMF's executive board does not veto his decision.

In a short statement, the IMF did not mention immunity and referred enquiries to Mr Strauss-Kahn's "personal lawyer and to the local authorities" It also appears that Nicolas Sarkozy's government is not making any attempt to protect Mr Strauss-Kahn.

One unnamed aide has told Le Monde: "To me, there is no immunity. It is a matter for the IMF and the host country, the United States. His Frenchness is not at stake."

And from Reuters:

If IMF Managing Director Dominique Strauss-Kahn decides to seek diplomatic immunity to avoid sexual assault charges, he will likely have an uphill climb, a Reuters review of U.S. and international laws and treaties, International Monetary Fund policies and recent U.S. court rulings suggests.

Under the IMF's Articles of Agreement, employees are granted a limited form of diplomatic immunity known as "acts immunity," which refer to actions related to activities performed in the course of their work for the Fund. Article IX of the agreement notes that the Fund's staff "shall be immune from legal process with regard to acts performed by them in their official capacity." Even then, the agreement says, the IMF may elect to waive immunity.

The IMF's limited immunity provision is unlikely to protect Strauss-Kahn from prosecution for sexual assault, an expert in international law argued. "Acts immunity only covers actions taken in the course of his duties. Coming out of your bathroom stark naked and attacking a chambermaid probably doesn't qualify," Kurt Taylor Gaubatz, an associate professor in the Graduate Program in International Studies at Old Dominion University, wrote in a blog post on Sunday. Gaubatz did not respond to requests for additional comment.

Federal law in the United States may also make it difficult for Strauss-Kahn to claim diplomatic immunity. The International Organizations Immunities Act applies a limited scope of exemption from prosecution similar to the IMF's own rules. It says "representatives of foreign governments in or to international organizations" and "employees of such organizations" are immune from lawsuits and the legal process "relating to acts performed by them in their official capacity."

On Sunday, New York Police Department spokesman Paul Browne said Strauss-Kahn does not have diplomatic immunity, though Browne did not elaborate on why the NYPD believes diplomatic immunity does not apply. A spokeswoman for the French Consulate in New York, Marie-Laure Charrier, referred questions about possible diplomatic immunity to the IMF. A statement posted on the IMF Web site on Sunday did not address the issue.

Despite the limited immunity provided by IMF rules, Strauss-Kahn could still try to leverage his status as a quasi-diplomat in his legal defense. One of his attorneys is William Taylor, a partner with law firm Zuckerman Spaeder in Washington. Taylor has represented a range of high-profile clients, including former White House chief of staff Mack McLarty, in civil and criminal actions. The Wall Street Journal reported in October 2008 that Taylor also represented Strauss-Kahn in the controversy over an affair the married IMF chief allegedly had with a female subordinate at the Fund. Taylor did not respond to requests for comment on Sunday.

One possible legal defense strategy for Strauss-Kahn could be to try to apply the Vienna Conventions on Diplomatic Relations, which grant broad immunity from prosecution to diplomats serving in foreign jurisdictions. Article 31 of the convention says "a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State." The U.S. ratified the treaty in 1972. The treaty also renders diplomats immune from prosecution in civil and administrative matters, with some exceptions. Under the convention, diplomats are not immune from "action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions."

Suddenly it looks like the IMF head (this will never get old) is about to be on the receiving end of some involuntary facial inflationary stimulus releases himself courtesy of America's penal (oops) system.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
SloMoe's picture

A bit off topic (or not), but are there any pics of the maid floating around? 

 

Yet... :)

zaknick's picture

A "central bank" under attack:

http://twitpic.com/4y3aqs

massive protests at the Bank of Spain for a "democratic and prosperous" economy.

When will AmeriKa put aside its KKK dreams of empire and free itself from the banksters' embrace? When will we see that at the faje Fed?

Ben Shalom Bernake & Co. send their regards.

goldinpenguin's picture

hmm, maybe it was worth it

Hedgetard55's picture

+55 kagillion.

 

Best laugh in years!

doggings's picture

 

by quintago 
on Sun, 05/15/2011 - 14:21
#1276575

Here you go kind sir....

 

 

I didnt think it was junk, that made me spit my coffee.. :)

 

Rynak's picture

I honestly hope not, because  of what would follow. Unfortunatelly, i consider it very probable that this will happen.

sabra1's picture

i heard she has a striking resemblance to janet napolitano! these old geezers don't care, long as it's got a mouth and tongue!

WakeUpPeeeeeople's picture

did she swallow the evidence? if she did, hopefully she held out for the deluxe retirement plan.

velobabe's picture

his frenchness. woman on the whole, do not want to swallow that stuff. absolutely not. and if he makes you, just say no† it takes a bit of talent to have the large penis in your mouth and sucking at the same time, as well as stroking, and not barf. just sayin'.

Rick64's picture

Thanks for that input, seems I know a few talented women.

caconhma's picture

I just do not buy that 62-years old Dominique Strauss-Kahn staying in a $3,000 per night room went for a dirty and stinking  mexican maid just before leaving for a flight to Europe.

In any case, one of the Rothschild criminal family jewish banksters will be replaced by another jewish scumbag.

goldfish1's picture

He must have reallllly pissed someone off.

Rynak's picture

Getting desperate? :-P

Rynak's picture

Translation: You ARE now in desperation mode. Prediction: From here onwards, your theory will become weirder and weirder, just to not accept that sometimes, a banana is a banana, and that banksters are not gods, just very powerful humans.

It's amusing how people sometimes develop a relationship with their enemies strong enough, that they actually depend on each other, and thus reaffirm each other.

falak pema's picture

If you'd worked for the CIA you'd have understood that talking to your own belly button was your lifeline; as your opposite number in the KGB spent his time questioning it in morse code. Mirror relationships were built on mutual confidence in each others total incompetence and irrelevancy. That alone yields one hell-u-va relationship of trust over time. Its called mutual bureaucratic preservation...

Grimbert's picture

I like the idea, but Google reveals:  No results found for "mutual bureaucratic preservation".

 

 

Rynak's picture

Interesting. Didn't know this. All i previously knew was the generic psychological/behaviouristic aspect.

JR's picture

I liked this part: Talks between German Chancellor Angela Merkel and Strauss-Kahn -  previously nicknamed 'The Great Seducer' by the French media - today were cancelled as a replacement will not be sent to Berlin by the IMF, a government source said…

el Gallinazo's picture

No, Spitzer was just an example of prosecutorial selection to enforce. Spitzer was not set-up to commit his (technical) crime, he was just put under a microscope by the Wall Street Government Complex. If this was a frame-up (and not DSK getting confused that you cannot always do to women in NYC what you do to nations), a good defense lawyer with a teem of investigators probably could blow it wide open. Then the maid gets charged with filing a false police report unless she gives up the bag man, etc.

Popo's picture

It could still be a set up. DSK was in favor of a cram down for Ireland. There's a 30 billion dollar incentive to shut him up. Just sayin'

SDRII's picture

+10

Irish Times ran edicotial last week saying Treasury/Geithner rejected IMF plan for some haircuts. Treasury official then comes out and says it was a collective decision.

goldfish1's picture

Who is so invested that this would rate a junk?

bugs_'s picture

"Our Diplomat" Raymond Davis plugs a couple of Al-Queda asassins 200 miles south of bin laden and (thank god) had diplomatic immunity.

DSK does a different kind of plug and doesn't get it?

 

Mesquite's picture

Oh, he's gonna get it, alright...

Guess that wasn't what was implied..

<](:-)+=<  

uhb's picture

I hope they put him in some ass-pounding prison for, say 20 yrs... => one french less to take care of.

Belrev's picture

Strauss-Khan is not French. He is a jew. So is his deputy John Lipsky, so is Khan's lawyer, so is Nicolas Sarkozy.

Mr Lennon Hendrix's picture

I heard they are all reptilian, too.

uhb's picture

The French Socialists? Hm. Maybe ;)

zaknick's picture

A fool's infamous last words.

Mr Lennon Hendrix's picture

Paul McCartney is still alive.

zaknick's picture

Paul McCartney sucks ___! Sorry, no simpler way to say it.

Mr Lennon Hendrix's picture

He had a few good songs.  All of them when he was with the Beatles, of course.

zaknick's picture

Hey, on a more "serious" note, I have only experienced 2 things in my life I have been unable to explain. If you search YouTube for " bush reptile" a link for a CNN Geirge Bush Sr and Bill Clinton (google Mena CIA drug trafficking Clinton") will come up. Explain George Bush's antics and that metallic clinking sound his eyes make???

Mr Lennon Hendrix's picture

Dude we are all reptiles because the Anunaki made love to our women thousands of years ago, but because the moon is made of cheese, the Anunaki couldn't leave!  (Cheese fucks with time travel).  Now most of them live in caves in Tora Bora, which is why Bin Laden was so hard to find (hint, because he is an Anunaki).  They spend their time playing poker and watching porn while they run things from behind the scenes.  Some keep power though, like the Windsors and the Popes, because they like to have a little attention.

nmewn's picture

"I heard they are all reptilian, too."
ROTFL!!!

tmosley's picture

DA JOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOZZZZZZZZ!!!!!!!!!!!!

quintago's picture

Good. Hopefully they'll nail that Bernard Henri-Levy next.

Zero Govt's picture

Khan 'nailed' and jailed by the NYPD from a phonecall from France in the time of a trans-Atlantic flight???

Investors and whistleblowers took 3 years to nail Bernie Madoff, it was (finally) the NYPD that did it, not the SEC. See a time difference?

And here we are 4 years into mass national mortgage fraud, ratings fraud and lawyers documentation fraud and the Govt, police, regulators and justice system are all still sitting on their arses whistling Dixie

...trans-Atlantic policing in hours, these are big wheels moving fast, only the establishment can do that or seize them up completely as they please... what has happened to Khan stinks beyond fishy 

this Khan case is highligthing that 'discrepency' in how our beyond rotten establishment works

Hushups's picture

I can't help feeling like someone is jingling their keys in front of me while they're digging through my cookie jar.

 

Am I really supposed to believe that anything even remotely serious is going to happen because of the testimony of a maid?

breezer1's picture

women's rights and stuff . she may end up becoming a cause. there are lots of people in jail whose mothers worked as maids by the way. they say if you take it in the ass often enough you end up wanting it. 

Hugh G Rection's picture

 they say if you take it in the ass often enough you end up wanting it. 

 

proove it

velobabe's picture

honest, i am a female and have never had anything go up into my ass.

nothing fits but shit.

Mesquite's picture

DNA doesn't discriminate...

Powerful, rich, etc...