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18 May 2011

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William R. Cumming

Agree completely with your suggestion. Note that women did not get the right to vote until 1944 in France. Under NAZI occupation and Vichy administration. Very strange. Kuchen, Kinder, Kirche?

rjj

I doubt the Murdoch press is lynching him in defense of womanhood or of immigrants.

Clearly the man is a deviant and the plutarchs are making an example of him. But what did he really do/not do to become Fair Game?

Matthew

Col: I have nothing against Mr. S-K personally. In fact, I had hoped he would have defeated Sarko in the next election. But this bail denial--and lack of deference to French sensibilities--is a direct result of France frankly screwing with our justice system. Remember Ira Einhorn and Roman Polanski? Don't those French judges look clever now?

MSK is being denied bail because we can't trust the French to produce the defendant for trial.

Roy G

The idea of DSK being a socialist and reformer only applies in a relative sense vis a vis the global financial elites. It is equally likely that his encounter was due to his own sense of entitlements, or being 'Spitzered' by his opponents.

arbogast

Melissa Jackson is a highly educated, dedicated professional. So is Cyrus Vance. I would hate to dismiss their work.

In addition, the French love the United States.

This affair will not poison French-US relations.

57% of French believe he was set-up. But definitely not by Americans. By Sarkozy.

William R. Cumming

By the way does not the head of the IMF travel on a diplomatic passport?

par4

Cut his junk off then send him home.

michael brenner

A few thoughts. One, let's not singularize the strong tendency in all our celebrity cultures to tittilate ourselves with silly conspiracy fantasies. American non-news shows for the past two days have been full of mindless twits sounding off on the various ways DSK was entrapped. The French are a very down to earth people. An honest expression of opinion would not produce 58% believing that he actually was set up.

Two, elitism can take several forms. One is socially structured and acknowledged, as in France. As the Colonel corrctly points out,these days it is an 'open' elite with membership determined to a very large extent by education. Ours is of the free-for-all competition for celebrity type - completely divorced from serious accomplishment and having nothing at all to do with character.

A feature of ours is the total disregard for substance. One hears almost no mention of the supposed victim. She is likely an immigrant from Latin American or the Caribbean who slaves all day at a miserable job working for a business that will take every opportunity to deny her a decent wage and benefits. Of course, if she went public, she'd be warmly welcomed on all the talk shows where her views would be eagerly solicited on topics ranging from her first orgasm to counter-insurgency in Afghanistan.

Third, the IMF has been accused - rightly, in my opinion - of routinely 'screwing' developing countries. Its Director seemed bent on making that practice tangible. By the way, the conflation of the two meanings of 'screwing' is evidence of the persistence of our adolescent mentality about human sexuality.

As to DSK's habitation, I suggest Devil's Island rather than the French Consulate.

Stephanie

The French are reported to be upset at the public humiliation of DSK via the perp walk - apparently in France you can't put the accused in handcuffs and parade him around to be photographed because of the potential damage done to his presumption of innocence (good law, that). Dumping him in Rikers also seems a tad excessive.

The rush to judgment as illustrated in the NYT op-ed is troubling. DSK seems a very bad egg where women are concerned and may well be guilty but there are some odd things about the case, which will no doubt be resolved as the police keep leaking. Time will tell.

His lawyers do have the opportunity to make a revised bail proposal and I expect they will.

William R. Cumming

While not totally confirmed my earlier comment asking if diplomatic status exists for the IMF head--apparently the IMF has issued some kind of press announcement denying he has diplomatic status. And now MSM revealing the victim has HIV!

robt willmann

Most likely, the lawyers for Dominique Strauss-Kahn are spending lots of time on working up an application to try to get him released on bail; scrambling to locate all witnesses, video cameras at the hotel, enroute to the airport, and at the airport; trying to get cell phone records; and researching diplomatic immunity (which is doubtful).

I know quite a bit about Texas criminal law, but zero about it applicable to New York. Since the question of release on bail is at the top of the list, after a quick, slapdash check, here are a few references.

This one is from a law firm that does criminal law in New York City and talks about bail--

http://www.new-york-arraignments.com/bail.htm

Section 530.20 of New York's law of criminal procedure--

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL530.20$$@TXCPL
0530.20+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=16021214+&TARGET=VIEW

It says that: "2. When the defendant is charged, by felony complaint, with a felony, the court may, in its discretion, order recognizance or bail except as otherwise provided in this subdivision: (a) A city court, a town court or a village court may not order recognizance or bail when (i) the defendant is charged with a class A felony, or (ii) it appears that the defendant has two previous felony convictions ...."

And further: "(b) No local criminal court may order recognizance or bail with respect to a defendant charged with a felony unless and until: (i) The district attorney has been heard in the matter or, after knowledge or notice of the application and reasonable opportunity to be heard, has failed to appear at the proceeding or has otherwise waived his right to do so; and (ii) The court has been furnished with a report of the division of criminal justice services concerning the defendant's criminal record if any ...."

Section 510.30 speaks to the criteria to consider if setting bail--

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL510.30$$@TXCPL
0510.30+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=16021214+&TARGET=VIEW

It is unclear whether in section 530.20 a "local criminal court" is the same as a "city court, town court, or village court".

And then section 530.40 relates to a "superior court" setting bail when the case is pending there --

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL530.40$$@TXCPL
0530.40+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=16021214+&TARGET=VIEW

If the case is in a "local criminal court", a "superior court" judge can get involved in the issue of bail, via section 530.30--

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL530.30$$@TXCPL
0530.30+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=16021214+&TARGET=VIEW

Section 510.30 indicates that bail is prohibited in some cases. The link to the information page of the law firm above notes that judges can refuse to set bail for class A felonies.

So the big question for DSK is whether he is charged with an offense about which bail is prohibited or the judge has the option of denying bail.

mlaw230

We have just arrested one of the most powerful men in the financial world on behalf of an African immigrant, Muslim, likely HIV suffering, chamber maid.

The French don't extradite their own citizens, so if he makes it on a plane he is gone forever.

This is a violent crime, not a sexual transgression. Assuming he is guilty, and he sure appears guilty, his arrest and remand should be cause for great pride. In how many countries would this be possible?

Fred

Col,

Thanks for the comments.

rjj,

As president of the IMF I imagine his list of enemies is rather long.

Adam L Silverman

Mr. Cumming: he does not have diplomatic immunity as he is not a diplomat or a representative of a nation-state. He is the head of an international intergovernmental organization.

Patrick Lang

Adam

i don't think that is correct. the IMF has stated that they will not exercize diplomatic immunity on his behalf. BTW. The IMF was paying for his hotel suite (perhaps on a reimbusable basis) and so he (they) was paying about $800/night, a great discount. pl

Walrus

I agree with Col. Lang, however I'm with the conspiracy theorists at present because I have a vague idea just how bad Americas financial situation is and because America has prior "form", in the person of Julian Assange, of setting up targets with allegations of rape.

Were I interested in obtaining the IMF's complete cooperation in supporting the U.S. dollar and discovered that DSK was an obstacle, then I would have no compunction in arranging for him to be sidelined in this manner.

That said, I know personally of quite a few "personalities" that have engaged in some pretty sordid activities that had to be suppressed, but the alleged behaviour of DSK seems to be bizarre by any standards.

Patrick Lang

walrus

"of Julian Assange, of setting up targets with allegations of rape."

You don't know that. that is just accusation without evidence. pl

seydlitz89

Colonel Lang-

Agree with you solution. My first response was "Spitzer II", honest. DSK has a history, as we hear now, so why this particular instance at this point in time, and not before? Did he so obviously cross the line and beg to get burned? Or is it that his getting burned now promotes sooo many other corrupt interests? I was thinking about the Senate Subcommittee on Investigations report . . . Does DSK not take the heat off Lloyd Blankfein? I remember especially DSK's comments in the film "Inside Job", no friend of Goldman Sachs he . . .

Sir, if the the system is corrupt, how is one to know?

B. D. Warbucks

pl,

I regret to inform you I disagree with your opinion. DSK is a cad and his swinish behavior should not be tolerated in this country. I laughed ruefully, when I read Bernard-Henri Levy's pouty snit against French score settling and America's legal system. It is just like the French elites to defend their station at the expense of fairness and justice.

Another issue to consider, now that DSK is no longer running the IMF, is the fear among Eurocrats that some swarthy Third World banker will take over the IMF just as the EU is drowning in PIIG debt. They do not wish to be on the receiving end of IMF "assistance" the way nations like Argentina and the Asian Tigers took it over the past 20 years.

The Little People who pay the taxes, whether Jacques et Marianne or Heinz und Heidi, will vote all the Eurocrat bums out of office as their wallets bleed and costs of living increase.

I wonder who will defend DSK in court? And will he/she be expected to be paid in Euros in advance?

Merde!

rick

The accused would certainly appear to be a flight risk, and I don't know that would trust the French Consulate(or any other in a similar situation) with the custody of such an influential prisoner/guest. I am used to dealing with alot of car dealers on a professional basis, so my levels of trust in business are pretty low.

If whatever body of competent jurisdiction to assert diplomatic immunity on his behalf is chosing not to do so, why would this man be treated any differently than a young Mexican man of no means accused of assualting some suburban housewife? I will conceed that the young brother would be less likely to be internationally perp-walked in the press, but i am guessing that nobody would be suggesting that he be turned over to the Mexican Consulate for safe keeping either.

If the French govt has anything to say to the US govt about this, I am sure the State Department has the phone number of the Manhattan DA, and I say let them use it if they want to. I would certainly not bend procedure one iota without damn good reason.

In NY, our flag has blindfloded lady Justice with her scales. Ideally, we try to pretend that we are all equal before the law. He is not in the general population of the jail, nor should any rich old guy be dumped in there. Don't deny him the benefit of S.O.P., but all accused rapists are created equal...ideally.

And on a more purely practical note: if you are a man of influence, and you are worried that your enemies might try to set you up, do not have sex with the maid at your hotel.

Walrus

Col. Lang;

(in relation to Assange)

"You don't know that. that is just accusation without evidence."

Correct Col. Lang, I have no evidence but a mountain of coincidence.

1. Assange has been given leave to appeal the extradition order from Sweden.

The evidence led by his defence team is available here:

http://www.scribd.com/doc/49483435/Julian-Assange-can-be-extradited-to-Sweden-UK-Court-opinion

2. The Swedish Government has prior "form" of not being too concerned about handing over "suspects" to America and other countries.

http://www.abc.net.au/unleashed/44710.html

3. The allegations against Assange amount to the charge that he failed to use a condom when asked. This ultimately leads to a "he said, she said" un-proveable argument. One therefore has to ask; "Why so serious?"

http://www.wikileaksforum.net/topic/the-full-allegations-against-julian-assange

4. A Grand Jury is desperately trying to build evidence of conspiracy by Assange and Manning (who has been tortured to try to obtain a confession) in order to facilitate a prosecution under the little used espionage act for doing exactly what the American media have been doing for years.

http://www.guardian.co.uk/media/2011/may/11/us-opens-wikileaks-grand-jury-hearing

5."Honey traps" are as old as intelligence itself.

I have no brief for DSK, but I submit that the possibility of deliberate entrapment cannot yet be ruled out.

Basilisk

Walrus,
I have greatly enjoyed your many posts, but, Dude, cut back on the caffeine. Julian Assange was not set up, nor, I suspect was DSK, haven't you figured out by now we can't keep secrets that large?

Patrick Lang

walrus

"Manning (who has been tortured to try to obtain a confession"

How and when was he tortured? pl

Walrus

Col. Lang, Manning was placed in solitary confinement and subjected to conditions that are as bad as physical torture.

Greenwald is verbose and tedious, but all the references are here:


http://www.salon.com/news/opinion/glenn_greenwald/2010/12/14/manning

Patrick Lang

walrus

No. Manning's treatment was not exceptional. pl

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