* It was implausible that the case was unexpected or an injustice. The law is clearly set forth on the State Department website and there is plenty of precedent of cases involving other countries, including India, where the mistreatment of domestic workers by diplomats or consular officers was charged criminally, and there have been civil suits as well.
Bharara said the Indian Government was aware that its diplomats and consular officers were at risk of violating the law.
“The question then may be asked: Is it for US prosecutors to look the other way, ignore the law and the civil rights of victims (again, here an Indian national), or is it the responsibility of the diplomats and consular officers and their government to make sure the law is observed?” he asked.
Bharara said, besides underpaying and overworking her maid, there were “other facts” regarding her treatment “that were not consistent with the law or the representations made by Khobragade, that caused this Office and the State Department, to take legal action”.