While she is asserting that she was special advisor to the U.N. during the Indian Prime Minister's visit, the visit concluded three months before her arrest.
“For a myriad of reasons, the defendant's assertion that she had diplomatic immunity as a result of some accreditation she had as a member of India's delegation to UNGA from August 26, 2013 through December 31, 2013 is wrong,” he said.
The government, however, has not objected to Khobragade's request to exonerate her bail conditions.
“Although ordinarily a defendant is not entitled to litigate issues like bail without actually appearing before the court, because the defendant has left the country, the issue of bail is now moot for all practical purposes.
“If she appears before the court to face the charges at a later date — either following an arrest on the outstanding warrant or upon a decision by her to return to confront the charges — the court will set new bail conditions at that time,” Bharara said.
