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.

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Zero Govt's picture

yes but the wheels of the Police do discriminate ...sometimes they move fast, sometimes they clog up and sit on their corrupt arses ...the speed differential is the establishment

Khan is the only bwanker in jail over the past 4 years and in record speed despite mass systemic fraud, incompetence and criminal auditing (cooking the books) in the banking systems both sides of the Atlantic... Go Figure

Fred Hayek's picture

Actually it's easy to figure.

DSK did something is pursued by a blue collar sort of cop. 

Alld the financial scum of Wall Street got away with doing things that are pursued by white collar cops.

Now, the former are hardly saints or invariably reliable.  But the latter are almost invariably unreliable.


Ying-Yang's picture

Just to put it out there for ZH'ers to ponder... was DSK actions his own or was he set up? Who would benefit from this story?

Rynak's picture

Uh, umm..... his actions were his own anyways, unless it never happened.

Ying-Yang's picture

Exactly my point. TPTB usually don't get tagged with such things.. they get "taken care of". Who did he piss off that is more powerful?

DSK was the front runner to win over Sarkozy in upcoming race.

zaknick's picture

Sarkozy is a joo brought up by Frank Wisner Jr whose father along with Rockefeller cousin Allen Dulles and some others founded the fascist CIA.
Same Wisner who visited Mubarak during his downfall. With political rivals like that (who went behind Carter"s back with the Iranians in 1979) anything is possible.

Those eager to deny any possibility of conspiracy know jack shit about their reality.

The banksters' KKK Matrix.

Hexus's picture

DSK is at the very top, he's the head of the IMF not some piddling congressman. He wasn't set up.

goldfish1's picture

and you know this how?

StychoKiller's picture

One unamed 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."

So, as long as his "Frenchness" is intact:  no harm, no foul!

Do the French seriously buy into this?

Concentrated power has always been the enemy of liberty.'s picture

That question is pretty rich.  I think the simplest answer to the question is the best.  No, he was not set up.  He was just acting out his nature.  He and the rest of his one-world government buddies are nothing but the worst examples of everything sinister, evil and disgusting.  I'm just glad he was found out so as to set the IMF back 6 months on their plans to destroy nations.

DoChenRollingBearing's picture

+ 1

Occam's Razor, the simplest explanation is usually the right explanation.

goldfish1's picture

"...the simplest available theory is sometimes a less accurate explanation..."

zaknick's picture

The "head deeply up ass" answer. Conspiracy theories are bullshit. Keep on reading their "history books" and MSM narrative until the lights go out.

Ying-Yang's picture

Yes I like simple as well.. but there is a power struggle within the NWO as with all things. Egotists just can't help themselves.

You think Sarkozy is sad about this?

Concentrated power has always been the enemy of liberty.'s picture

Anything to slow the bastards down in their plans is fine by me.  I don't care what Sarkozy thinks, maybe he'll get busted fondling something too.  If the NWO folks are not unified then I'm happy for the divisions to grow and their plans come to nothing.

Rynak's picture

Actually, i suspect he was not just "acting out of his nature" but additionally was under high stress and lost it.

velobabe's picture

i bet he was watching porn at the time. arousal, can be inspired by the female body. pussy rules. great men taken down by yearning pussy. sorry guys, it is power.

Hugh G Rection's picture

Pussy is the biggest bubble of all time, completely overvalued and destined to crash. Im loading up on PMs and when the pussy bubble pops im buying that shit up on the low.

In a SHTF scenario pussy will attach itself to the biggest dick with the most PMs and ammo. In societal collapse a pushup bra and a miniskirt will invite the roaming hordes of cavemen to club that shit and drag it back to the cave.

StychoKiller's picture

Saw a picture of his wife on a different thread, she's a really good-looking woman.  Probably not into playing "Rapo!"


Smartie37's picture

And all of a sudden, the USD has additional capacity to be QE3,

as a sinking Greece drags the Euro down and thus props up the USD for a little while.

But the FED will have to act quickly to to throw some lifesaving Swaps to the EU before it goes too far under-water to reach the "ring" and sinks down to Davey Jones' locker..........

Ying-Yang's picture

NTPD rolled up to Air France... went inside 1st Class and snagged is ass right off the plane.

Pretty righteous for commoners quite odd for elites.

wisefool's picture

There are several threads here since yesterday with many, many plausible theories.

For me it is really going to boil down to if he did request an escort, at the rate a man of means would typically pay: Wouldn't he specify the type? Would the ethnicity and body type of this maid match up to what he requested? Unless he just did a "suprise me, dear madame" request.

I am sure this woman is an attractive person. But I sincerely doubt he could not have recognized her hair and make up was probably not the same stuff a call girl, even dressed as a maid, would be donning.

Innocent tll proven guilty. So lets wait and see.

velobabe's picture

he probably gets turned on by the uniformed female. japan likes them in school dress.

wisefool's picture

Right.  And if the theories here about "this is how it is done" for powerful men when they stay in a hotel, Pavlov takes over.

But that is a another good point. They should have footage of the hallway showing her cleaning cart outside the door. Also, she had the key to get in, which I am assuming a call girl would not. He should have been able to pick up on that.

But still, and I am in no way trying to cast dispersion on this young lady, but I doubt her profession allowed her to have perfectly manicured hands. She probably did not have a couple of thousands of dollars invested in her hair and make up. I would expect all these things in a call girl this dude would have standards for, even if she was instructed to show up in a maids outfit.

Bah, it is either a frame up or a rape. I don't see anything in the middle.



FischerBlack's picture

He certainly did something. It's not like he was uninvolved. I thought at first he had diplomatic immunity and in a coked-up/drunken state he figured nothing would happen to him. He can't be so stupid as to believe he had diplomatic immunity all these years and be wrong about it. So there is surely much more to this story. But what a story it is. For most americans this will be the first time they ever hear of the IMF.


Added, he was clearly trying to flee the country back to Paris where it would difficult, if not impossible to extradite him against his will, being a powerful bankster and all. So, there's some kind of guilt written all over that move.

DoChenRollingBearing's picture

Dominique is going to come out of prison in much worse shape than he went in.

RockyRacoon's picture

How come (pun intended) he was staying in a $3,000/night suite instead of Motel 6, or a Holiday Inn Express?   His chances of getting a_head would have been much better.

Ying-Yang's picture

Not that any legit Raccoon would personally stay in a Mo'6 for a little 'coon tail.

Urban Redneck's picture

If he was staying in a $3000/night hotel suite, then where was maid #2 during the moments in question?

Overly flirtatious or aggressive guests are less of a driver of housekeeping staff working in teams than efficiency and liability.

One person can't properly make a king size bed.  The housekeeping goal is to complete any individual room as quickly as possible, to free the room for the next guest, or to be gone by the time the current guest returns.   

If a guest goes to the pool and leaves a $100,000 watch in the room that disappears when someone who is paid as little as the hotel can legally or practically pay has visited the room alone, the hotel pays.

It is possible that Sofitel management in NYC doesn't know how a hotel is supposed to be run, but it's unlikely.  Then again Sofitel isn't really a top tier hotel even if they are charging $3000/night.  

Grimbert's picture

Sofitel isn't that expensive - 500 usd for a suite. Yeah it's expensive but not not that expensive

RockyRacoon's picture

Just repeating the news reports -- FWIW.

silberblick's picture

And here is an animation telling you what you can do to stick it to the banksters:

Millivanilli's picture

That isn't what Karl Douchinger says.   He is an expert in international law, commodities, equities, bonds, nuclear science,  nuclear engineering, mechanical engineering, and other fields not EVEN INVENTED YET!

ps karl, suck a dick!


breezer1's picture

dominique should have called karl...

Joebloinvestor's picture

Great hotel security!

Top notch.

The guy had time to get dressed, packed up and left before anyone confronted him.

Sounds like he would be more suited to be part of F1 racing then the IMF.

BoNeSxxx's picture

..."involuntary facial inflationary stimulus releases..."

Just fucking briliant.  Keep 'em, er ah, coming :-) 

dcb's picture

This guy isn't going to jail. An elite does not go to jail. Someone will be putting pressure on the prosecutors, or somewhere. They are immune.

Rynak's picture

Yup, they are gods! Except of, when they are not. For one thing, if the media coverage keeps up, he is politically dead, convicted or not. Sorry to "blow" your secret desire for that which you claim to reject.

deselby's picture

He'll bail out, then never return.  He'll get the Polanski beautiful people's extradition exemption, the French will never arrest him.

I only hope the judge sets the bail high - at least get some revenue for New York when he defaults - and imposes an escrow for damages for the maid.  Two million for bail and two million in escrow for the maid at least.

BorisTheBlade's picture

First Gaddhafi comes out with accusations that he financed Sarkozy's campaign, Libya gets bombed. Then DSK, who is no way an angel and yet, potentially main rival to Sarkozy gets caught harassing maid who is 30 years younger (good shape I gotta say). Something fishy about this small guy.

CrashisOptimistic's picture

Here is the real issue, people.

No more than 1 week ago, the article on Ireland made it VERY CLEAR that the initial offer from IMF to Ireland included a 50% restructure (aka default).  Only at the last moment did Geithner hear about it and make the phone call to DSK that stopped it.  It came that close.

DSK appears to be receptive to default, which would, of course trigger the swaps planet-wide that can restart the Lehman avalanche.  With Greece and Ireland renegotiating everything, it looks pretty obvious to me that DSK had to be gotten out of the way.

And I don't mean some BS tinfoil banking conspiracy.  I mean the US gov't, the German gov't and the French gov't.  THEY can't allow default because it will get them all voted out of office. 

Frankly, that appears to me to be the most likely scenario here, for the compelling reason that one simply must ask the question of why, with Greece, Ireland and Portugal maneuvering to renegotiate their defaults, and a mtg with Merkel upcoming, Why Was He In NYC?

Concentrated power has always been the enemy of liberty.'s picture

answer:  to get laid.  rich man-whore looking for action, didn't want to fork over the coin for a professional, went after the maid.

BorisTheBlade's picture

rich man-whore looking for action, didn't want to fork over the coin for a professional, went after the maid.

Sure, sounds plausible, I can easily imagine DSK's conversation with a ho:

DSK: How much?

Ho: $100 for a blowjob

DSK: No problem, but do you a change from one trillion?

Concentrated power has always been the enemy of liberty.'s picture

lol, I think it went more like this:

DSK: how much in fiat?

Ho:  I only accept hard money

DSK:  We are out currently, can I get a loan?

BorisTheBlade's picture

I have some hope in humanity if hookers started demanding hard money for their hard labour. Yet, on a serious note, doubtful he would ever have problems with getting one. In fact, once person is in a position of power, a lot of doors open for those kinds of things. Women would be placed around people of that level to, ultimately, subvert them:

CIA officers in Russia were strongly warned about “swallows,” the term for the beautiful women the KGB deployed to try to seduce Americans, which was a constant danger at Moscow station. (One former CIA official told me that he and his friends joked that they longed to be given the job of “sexual entrapment training officer.”)

The Russians did have some modest success with this strategy. Back in 1940, the FBI discovered that “single U.S. employees in Moscow frequented a prostitution ring linked to Soviet intelligence and that classified documents were handled improperly and may have been obtained by Soviet workers.” It's also been reported that the CIA's first Moscow station chief fell for a swallow—his maid—and returned home in disgrace.

I for one demand pictures of this maid, hope it was worth it.

tired1's picture

There was one US businessman in a Moscow hotel who knew the game, that the KGB ad cameras and he would be filmed for blackmail. When the swallow knocked on the door, he was ready - he had a pillowcase over his head. What to do? She had orders to have sex with this guy and just did as she was told.

BorisTheBlade's picture

he had a pillowcase over his head

LMAO, brilliant.