Strauss-Kahn pleads Diplomatic Immunity in Maid Rape civil lawsuit
(1)
Strauss-Kahn asks Judge to dismiss Lawsuit because he had “absolute
immunity”
(2) Dominique Strauss-Kahn claims diplomatic immunity in maid
case
(3) French Judges grill Strauss-Kahn whether prostitutes were paid out
of company funds
(4) France's Strauss-Kahn under investigation in pimping
case
(5) Maid sues New York Post for articles that said she had worked as a
prostitute.
(6) Rupert Murdoch-owned NY Post headline "DSK Maid a
Hooker"
(7) French female novelist presses on with claim DSK attempted to
rape her
(1) Strauss-Kahn asks Judge to dismiss Lawsuit because he had
“absolute
immunity”
http://www.nytimes.com/2012/03/29/nyregion/strauss-kahn-seeks-to-dismiss-housekeepers-suit.html?_r=1
Strauss-Kahn
Wants Judge to Dismiss Accuser’s Lawsuit
By COLIN
MOYNIHAN
Published: March 28, 2012
Lawyers for Dominique
Strauss-Kahn, whom prosecutors accused of raping a
hotel housekeeper before
dropping charges against him last year, asked a
judge on Wednesday to
dismiss a civil lawsuit against their client,
saying his former position as
head of the International Monetary Fund
bestowed “absolute immunity” upon
him.
Appearing in State Supreme Court in the Bronx, one of Mr.
Strauss-Kahn’s
lawyers, Amit P. Mehta, told Justice Douglas E. McKeon that
“Mr.
Strauss-Kahn enjoyed the same kind of diplomatic immunity” given the
secretary general of the United Nations, a member of the Russian
consulate or a Chinese diplomat.
Mr. Strauss-Kahn’s lawyers said in
court papers that his status as the
head of an international organization
with a special relationship with
the United Nations protected him from
lawsuits, even those based upon
“acts done in the executive’s personal
capacity.”
But Douglas H. Wigdor, a lawyer for the housekeeper,
Nafissatou Diallo,
countered that immunity provisions in international law
were meant not
to protect individuals from wrongdoing, but only to allow
diplomatic
missions to function smoothly.
Amid questions from the
justice, Mr. Mehta contended that protections
included in the Convention on
the Privileges and Immunities of the
Specialized Agencies, which was adopted
by the United Nations General
Assembly in 1947, should be extended to Mr.
Strauss-Kahn, even though
the United States did not sign that
accord.
The provisions of the special agencies convention, which are
accepted by
more than 100 nations, have the status of “customary
international law,”
Mr. Mehta argued, adding that the United States Supreme
Court and the
New York State Court of Appeals had recognized such laws even
without a
specific treaty signed by American authorities.
Although
Mr. Strauss-Kahn had resigned his position of managing director
at the
International Monetary Fund by the time the civil lawsuit was
filed, Mr.
Mehta said immunity still applied.
At times, Judge McKeon seemed
skeptical of the line of logic that Mr.
Mehta was advancing. At one point he
wondered why Mr. Strauss-Kahn had
not made similar arguments while facing a
criminal case.
“Did he at any time assert that immunity?” he
asked.
“It wasn’t in his interest to do so,” Mr. Mehta replied, adding
that Mr.
Strauss-Kahn had wanted to clear his name.
In May 2011, Ms.
Diallo, who worked at the Sofitel in Midtown Manhattan,
told detectives that
Mr. Strauss-Kahn had raped her. He was arrested and
charged with sexual
assault. Evidence showed that a sexual encounter had
taken place, but in
August, the Manhattan district attorney’s office
moved to dismiss the
criminal case, saying that prosecutors had
developed doubt about Ms.
Diallo’s credibility.
In August Ms. Diallo filed a civil suit in the
Bronx, where she lives,
seeking unspecified monetary damages.
After
hearing from Mr. Mehta, Judge McKeon turned to Mr. Wigdor, who
said that Mr.
Strauss-Kahn could not “unilaterally” claim diplomatic
immunity. He added
that that the assertion that it applied to him lacked
support from the
International Monetary Fund, the State Department and
Congress.
“Strauss-Kahn does not have diplomatic immunity,” he told
the judge. “He
said so himself when he was arrested.”
Neither Mr.
Strauss-Kahn, once considered a leading contender for the
presidency in
France, nor Ms. Diallo was in court during the two-hour
hearing. The justice
said he would rule soon on the immunity issue.
This week, Mr.
Strauss-Kahn was charged in France with involvement in a
prostitution ring,
accusations that his lawyer disputed.
(2) Dominique Strauss-Kahn claims
diplomatic immunity in maid case
http://www.bbc.co.uk/news/world-us-canada-17534652
28
March 2012 Last updated at 21:03 GMT
Dominique Strauss-Kahn is claiming
that he has diplomatic immunity in a
civil case brought by the hotel maid
who accused him of a sex attack
last year.
Nafissatou Diallo brought
the action in New York after criminal charges
were dismissed against the
former head of the International Monetary
Fund (IMF).
The charges
were dropped when prosecutors lost faith in her evidence.
Mr Strauss-Kahn
is currently in France fighting claims that he was
involved with a
prostitution ring.
The hearing in New York is the first stage in the
civil case brought by
Ms Diallo.
She maintains he attacked her when
she came to clean his suite at the
Sofitel Hotel in the US city.
Mr
Strauss-Kahn's lawyers argued in court that the case should be
dropped,
saying the defendant had diplomatic immunity at the time of the
alleged
assault.
"Dismissal, your honour, may seem like an unfair result to some,
but
it's the result the law compels," Amit Mehta, one of Mr Strauss-Kahn's
lawyers, told Bronx state Supreme Court Justice Douglas McKeon.
A
lawyer representing Ms Diallo, Douglas Wigdor, suggested Mr
Strauss-Kahn
"thinks he can unilaterally, himself, in his own personal
capacity, assert
diplomatic immunity and not be held accountable for his
actions".
The
IMF has said Mr Strauss-Kahn was not entitled to immunity because he
was in
New York on personal business at the time.
Judge McKeon did not make an
immediate ruling after Wednesday's hearing,
but said he would seek to issue
one "expeditiously".
'Sex parties'
In France, Mr Strauss-Kahn has
been placed under investigation over
allegations that he was involved in a
hotel prostitution ring in the
northern city of Lille.
He has
admitted he attended sex parties, but denies that he knew the
women involved
in the orgies were hired prostitutes.
Leaked police documents emerged on
Wednesday that appear to show that he
exchanged text messages with the
people running the parties, in which
prostitutes were referred to as
"material".
Prosecutors claim the term suggests he knew the identity and
profession
of the women taking part.
At least one of those women has
told police there was undue aggression
at these events, an allegation Mr
Strauss-Kahn strenuously denies.
The parties he attended were stopped
soon after his arrest in May last
year.
(3) French Judges grill
Strauss-Kahn whether sex-romp prostitutes were
paid out of company
funds
http://www.reuters.com/article/2012/03/26/us-france-strausskahn-idUSBRE82P0W020120326
Judges
grill Strauss-Kahn over prostitution case
(Reuters) - Former IMF chief
Dominique Strauss-Kahn was questioned by
three judges on Monday over his
role in a prostitution case in the
northern French city of Lille that could
see him placed under formal
investigation.
By Pascal
Rossignol
LILLE, France | Mon Mar 26, 2012 3:01pm EDT
The
Socialist ex-finance minister, a strong contender to be France's
next
president until he was hit with sex assault charges in New York
last May,
appeared at the Lille court two days earlier than scheduled,
although no
official reason was given for the date change.
The Lille prosecutor's
office said the closed hearing began on Monday
afternoon and would likely
run late into the evening.
Despite the change in date, a group of about
30 reporters and
photographers waited outside the court, while scantily-clad
women who
appeared to be sex workers tried to drum up business
nearby.
Using prostitutes is not illegal in France, but Strauss-Kahn
risks a
legal probe if investigators decide he knowingly had sex with
prostitutes paid for out of company funds.
Strauss-Kahn went from
being a highly respected politician to being
hounded in the world's media
after a New York hotel maid accused him of
trying to rape her. The charges
were dropped after prosecutors decided
the maid's testimony was
unreliable.
But Strauss-Kahn, 62, was hit with a separate sexual assault
accusation
in France and on Wednesday his lawyers will be in a Bronx
courtroom
fighting a civil lawsuit brought against him by the hotel
maid.
The Lille case centers on allegations that a prostitution ring
organized
by Strauss-Kahn's business associates supplied clients at the
city's
Carlton Hotel.
Strauss-Kahn - who is now jobless and lives a
life behind closed doors
in Paris, mainly out of the public eye -- has
denied the allegations,
arguing that he was unaware women he met at parties
organized by
business associates in Lille, Paris and Washington were
prostitutes.
PROTESTS UNDERMINE COMEBACK
Strauss-Kahn has been
seeking to restore his reputation as a top global
economist by speaking at
conferences, but cancelled an appearance at an
event in Brussels on Tuesday
following protests from European members of
parliament (MEPs).
He was
due to speak at a debate of young MEPs alongside Jean-Claude
Juncker, who
chairs the Eurogroup of euro zone finance ministers, and
former European
Central Bank head Jean-Claude Trichet. But the plan
upset female MEPs,
prompting European Parliament President Martin Schulz
to pressure organizers
to drop him.
French MEP Sandrine Belier said that given the circumstances
it would
have been "uncomfortable" to have Strauss-Kahn
appear.
Earlier in March he had to be bundled into the back of a police
car
after addressing an event at Britain's Cambridge University to escape a
protest by women's' rights activists.
Investigators could drop all
pursuit of Strauss-Kahn or place him under
formal investigation on suspicion
of complicity in a pimping operation,
or having benefited from
misappropriated company funds, if he knowingly
attended prostitute sessions
paid for by his executive friends using
expense accounts.
In
February, Strauss-Kahn was held in police custody in Lille for two
days for
initial questioning, but he is unlikely to be detained in
prison if placed
under investigation due to the non-dangerous nature of
the
allegations.
His lawyer has said he had no reason to think women at the
parties in
question were prostitutes, noting it was not always easy to spot
one
when they are undressed.
On Wednesday, lawyers for Strauss-Kahn
and the hotel maid accuser,
Nafissatou Diallo, will wrangle over whether his
former IMF position
grants him diplomatic immunity from the civil
suit.
Neither Strauss-Kahn nor Diallo are due to appear in
court.
(Additional reporting by Robin Emmott in Brussels; Writing by
Alexandria
Sage and Catherine Bremer; Editing by Karolina
Tagaris)
(4) France's Strauss-Kahn under investigation in pimping
case
http://www.reuters.com/article/2012/03/26/us-france-strausskahn-investigation-idUSBRE82P11U20120326
(Reuters)
- Former IMF chief Dominique Strauss-Kahn was placed under
formal
investigation on Monday by authorities looking into a suspected
prostitution
ring in the French city of Lille, his lawyer said,
following a day of
questioning by judges in a closed courtroom.
By Pascal
Rossignol
LILLE, France | Mon Mar 26, 2012 7:45pm EDT
The
investigation on suspicion of complicity in a pimping operation is
the
latest judicial headache for the Socialist ex-finance minister. The
move
could lead to a trial but it falls short of charging him.
Strauss-Kahn,
62, who was a strong contender to be France's next
president until he was
hit with sex-assault charges, now-dismissed, in
New York last May, was
allowed to leave the court after being questioned
by three judges in the
case.
The Lille prosecutor's office said in a statement he was required
to
post 100,000 euros ($133,300) in bail. He is forbidden to contact
witnesses, the press, and others involved in the prostitution case, it
said.
Outside the courthouse, Strauss-Kahn's lawyer, Richard Malka, said
his
client was innocent.
"He states with the strongest firmness to be
guilty of none of these
acts and in particular to not have had the least
awareness that certain
women he met could have been prostitutes," Malka told
the press.
"Having relations with an escort does not constitute a crime
and is a
matter of private behavior, perfectly legal among adults," he
added.
The Lille case centers on allegations that a prostitution ring
organized
by Strauss-Kahn's business associates supplied clients at the
city's
Carlton Hotel.
Already in the case, eight people, including
two Lille businessmen and a
police commissioner, have been arrested, and
construction firm Eiffage
fired an executive suspected of using company
funds to hire sex workers.
Judges had the option of putting him under
investigation for having
potentially benefited from misappropriated company
funds if he knowingly
attended prostitute sessions paid for by his executive
friends using
expense accounts.
Instead, the investigation will focus
on the pandering angle, and
whether Strauss-Kahn was aware that the women at
the parties were
prostitutes supplied by pimps.
In itself, using
prostitutes is not illegal in France.
The highly-anticipated hearing was
originally scheduled for Wednesday
but was moved up by two days for unknown
reasons.
Under French law, "juges d'instruction," which are a cross
between
investigating prosecutors and criminal magistrates, notify the
accused
they are under investigation and can hold the person if they believe
it
warranted. It is they who later decide whether to send the case to
court.
Strauss-Kahn - who is now jobless and lives a life behind closed
doors
in Paris - previously has denied the allegations, arguing he was
unaware
women he met at parties organized by business associates in Lille,
Paris
and Washington were prostitutes.
Strauss-Kahn went from being a
highly respected politician to being
hounded in the world's media after a
New York hotel maid accused him of
trying to rape her. The charges were
dropped after prosecutors decided
the maid's testimony was
unreliable.
But Strauss-Kahn, later was hit with a separate sexual
assault
accusation in France and on Wednesday his lawyers will be in a Bronx
courtroom fighting a civil lawsuit brought against him by the hotel
maid.
PROTESTS UNDERMINE COMEBACK
Strauss-Kahn has been seeking to
restore his reputation as a top global
economist by speaking at conferences,
but cancelled an appearance at an
event in Brussels on Tuesday following
protests from European members of
parliament (MEPs).
He was due to
speak at a debate of young MEPs alongside Jean-Claude
Juncker, who chairs
the Eurogroup of euro zone finance ministers, and
former European Central
Bank head Jean-Claude Trichet.
The plan upset female MEPs, prompting
European Parliament President
Martin Schulz to pressure organizers to drop
him.
French MEP Sandrine Belier said that given the circumstances it
would
have been "uncomfortable" to have Strauss-Kahn appear.
Earlier
in March he had to be bundled into the back of a police car
after addressing
an event at Britain's Cambridge University to escape a
protest by women's'
rights activists.
In February, Strauss-Kahn was held in custody in Lille
for two days for
initial questioning in the case. Another of his attorneys,
Henri
Leclerci, told French radio in December it was not always easy to spot
prostitutes when they are undressed.
On Wednesday, lawyers for
Strauss-Kahn and the hotel maid accuser,
Nafissatou Diallo, will wrangle
over whether his former IMF position
grants him diplomatic immunity from the
civil suit.
Neither Strauss-Kahn nor Diallo are due to appear in court.
($1 = 0.7504
euros)
(Additional reporting by Gerard Bon and Robin
Emmott in Brussels;
Writing by Alexandria Sage and Catherine Bremer; Editing
by Maria Golovnina)
(5) Maid sues New York Post for articles that said
she had worked as a
prostitute.
http://online.wsj.com/article/SB10001424052702304803104576427983091286992.html
JULY 5, 2011, 3:31 P.M. ET
Strauss-Kahn Accuser Sues New York
Post
By MICHAEL ROTHFELD
The hotel maid who accused former
International Monetary Fund chief
Dominique Strauss-Kahn of sexual assault
filed a libel lawsuit Tuesday
against the New York Post and five reporters
over recent articles that
said she had worked as a prostitute.
The
lawsuit was filed in the State Supreme Court in the Bronx, where the
woman
lives, and uses only her initials. According to the suit, the
newspaper and
its reporters "falsely, maliciously, and with reckless
disregard for the
truth stated as a fact that the Plaintiff is a
'prostitute,' 'hooker,'
'working girl' and/or 'routinely traded sex for
money with male guests' of
the Sofitel hotel located in Manhattan."
"All of these statements are
false [and] have subjected the Plaintiff to
humiliation, scorn and ridicule
throughout the world," the lawsuit says.
A spokesman for the Post said,
"We stand by our reporting." The Post is
a division of News Corp., which
also owns the The Wall Street Journal.
The Post cited "a source close to
the defense investigation" in a July 2
article saying she received
"extraordinary tips" and had expenses "paid
for by men not related to her."
The article didn't explicitly quote the
source saying the woman was a
prostitute, instead reporting that the
newspaper "has learned" she worked as
one. Benjamin Brafman, a lawyer
for Mr. Strauss-Kahn, declined to
comment.
Prosecutors and police have said they investigated whether the
woman
engaged in prostitution while employed at the Sofitel and found no
evidence of it. The parent company of the Sofitel didn't immediately
respond to a request for comment.
Investigators have said there is
forensic evidence that the maid had a
sexual encounter with Mr.
Strauss-Kahn. Lawyers for Mr. Strauss-Kahn
have said no money was exchanged
and the encounter was consensual.
Prosecutors declined to comment on the
lawsuit, and the maid's lawyers
haven't responded to requests for
comment.
The articles in question, from July 2 through July 4, were
published
within days of disclosures by prosecutors that the woman, a
32-year-old
Guinean immigrant, had given them and grand jurors false
statements,
including about her whereabouts after the alleged attack,
experiences
she had in her country before she came to the U.S., and other
issues.
Kenneth Thompson, a lawyer for the maid, said last week that her
mistakes notwithstanding, she "from day one has described that sexual
assault many times," and consistently.
Mr. Strauss-Kahn, 62 years
old, who has pleaded not guilty to criminal
charges in connection with her
allegations, was released from house
arrest Friday based on the revelations
of his accuser's damaged
credibility.
—Russell Adams contributed to
this article.
Write to Michael Rothfeld at michael.rothfeld@wsj.com
(6)
Rupert Murdoch-owned NY Post headline "DSK Maid a Hooker"
Funny thing,
there's been no report of the outcome of this court case,
in over 8 months.
One can only suspect an out-of-court settlement. Let's
hope Rupert had to
pay out bigtime. - Peter Myers.
{visit the link to see the front
page}
http://www.theatlanticwire.com/business/2011/07/its-hard-sue-new-york-post-straight-face/39596/
(7)
French female novelist presses on with claim DSK attempted to rape her
http://www.ft.com/cms/s/0/753df77a-a73d-11e0-b6d4-00144feabdc0.html#axzz1RGWk2VDi
July 5, 2011 8:45 pm
French accuser presses on with DSK
claim
By James Boxell in Paris
Dominique Strauss-Kahn’s battle to
clear his name could be prolonged by
months after the lawyer of a French
female novelist said her complaint
of attempted rape against the politician
had been sent to prosecutors.
Mr Strauss-Kahn’s legal team has vigorously
rejected the claims of
32-year-old Tristane Banon and announced plans to
make a
counter-complaint for slander. But her decision on Tuesday to press
on
with the complaint further highlights the tough road ahead for the
former head of the International Monetary Fund if he decides to try to
resurrect his French presidential ambitions.
The development came as
Mr Strauss-Kahn’s hopes were increasing that a
separate case in New York
would be dropped after the prosecution became
concerned about the
credibility of a hotel maid, who has also accused
him of a sexual attack. On
Tuesday, the maid filed a libel lawsuit
against The New York Post for
reporting she was a “prostitute”, citing
un-named sources. The paper stood
by its reporting.
In a French press interview, published on Tuesday, Ms
Banon sought to
justify her decision to take action eight years after the
alleged attack
took place, saying she was tired of being accused of lying
about the
incident. She says Mr Strauss-Kahn tried to rape her while she was
interviewing him in a Paris apartment, an accusation he claims is
“imaginary”.
“I can’t take it any more, hearing that I must be lying
because I
haven’t filed suit,” she told L’Express, a French news
magazine.
Ms Banon and David Koubbi, her lawyer, have been accused by
allies of Mr
Strauss-Kahn of opportunism because their decision to make the
complaint
comes just a few days after the doubts about the New York case led
to
the former IMF chief being released from house arrest. His release has
electrified the French political scene, with many of his allies hoping
to see a return to the political fray of a man once deemed to be the
socialist candidate in waiting for next year’s presidential
elections.
On Tuesday, Jean-Marie Le Guen, an ally of Mr Strauss-Kahn in
the French
assembly, said: “I see some form of opportunism connected to this
torrent of mud; these disinformation campaigns against him when American
justice is about to acknowledge his innocence.”
However, Ms Banon and
her lawyer have insisted their decision to launch
the complaint was made in
mid-June and was unrelated to the US case.
Once the complaint is received by
French prosecutors, they could either
decide to take no action, open a
preliminary inquiry or ask judges to
open a judicial inquiry that could last
months.
Ms Banon’s decision to claim attempted rape is important because the
French statute of limitations means an accusation of sexual assault
cannot be made more than three years after the event, but this extends
to 10 years for the more serious offence.
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