"The issues raised by this motion continue to seriously roil the relations between India and the United States and have a very real impact on the sureties who signed the bond in this case. Therefore we do request the shorter dates suggested herein," Arshack said in his letter to Scheindlin.
Bharara said that the additional time and increased length are "necessary to thoroughly address the complex legal issues and extensive relevant facts raised by the defendant's motion."
Arshack is seeking a court order to dismiss the indictment and proceeding against the Indian diplomat, exonerate any bail or bond previously posted on her behalf and termination of any "open arrest warrants" against Khobragade as "they too are nullities since the instant proceeding is subject to dismissal."
He said in the motion that because of Khobragade's diplomatic status the Court did not have personal jurisdiction over her at the time of her December 12 arrest and indictment, but it still has subject matter jurisdiction to rule over her motion to dismiss the case.
In the order, Scheindlin granted Bharara's request saying that the government's brief in opposition to Khobragade's motion to dismiss the indictment shall be filed no later than January 31 and that it may be up to 25 pages in length.
Scheindlin further ordered that Khobragade's reply to the government's opposition is due on February 7.
Arshack had proposed that the government's brief be filed by January 28, his reply be filed by January 30 and that the court should hear arguments on the motion on January 31.
