Dropping the Charges

As you must know by now, Dominique Strauss-Kahn will be exonerated of all charges tomorrow (Tuesday), and will be free to return to France, where another trial possibly awaits him, though the French are now saying this is not likely.

The New York Times has a complete review of the events of the case explaining clearly the compelling reasons why District Attorney Cyrus Vance could not prosecute with a reasonable assurance of victory.

So the victor is Strauss-Kahn after all, not because he is innocent, but because his accuser told one lie too many. In fact, a few days ago a medical report on Nafissatou Diallo stated that there was physical evidence of violence, but for the prosecution that is not enough to warrant an accusation of a crime, mainly because of the character failings of the woman.

My only feeling at this time is that if they cannot successfully prosecute Strauss-Kahn, they should immediately put Miss Diallo on trial for perjury, for lying about her past, for being illegally in the United States, for making up a story of a gang rape in Africa, for swindling the taxpayers of New York, for obstructing justice, for wasting everybody's time, and above all for making Dominique Strauss-Kahn into a martyr.

On August 8, lawyers for Diallo filed in civil court for damages and compensation. And there is a rumor (another one!) that as far back as June her lawyers requested of the defense that a civil settlement be negotiated, in exchange for which all charges against DSK would be dropped. Her lawyer Kenneth Thompson denied such a rumor (which was reported in the Wall Street Journal [subscription required], and adapted for French readers by Paris Match).

There is so much online about this story. I happened upon this article from France-Soir about Benjamin Brafman, the lawyer who defended DSK. The headline reads: "Benjamin Brafman, DSK's Savior". The lawyer is credited with the savvy needed to extricate celebrities from sticky situations:

Regarded as one of the most powerful and efficient attorneys in America, Benjamin Brafman is the man to have when you need a defense lawyer, especially when the cards, at first, are stacked against you. A plaintiff who seems to be above reproach at the start? What does it matter! All you have to do is create doubts about her credibility and use this argument to influence the prosecutor. If the medical report proves there really was a sexual relation, it is enough to make the accused say that it was consensual.

Thanks to a few well-executed maneuvers and intensive investigations, Benjamin Brafman and his collaborators have managed to save Dominique Strauss-Kahn's skin. The former minister will no doubt be released on Tuesday at the latest. The man he chose as his lawyer has been a determining factor. Anne Mansouret, whose daughter Tristane Banon filed a suit against DSK for attempted rape, had this to say about the leader of the New York Bar: "I can see that a guy accused of something, of which he declares himself 100% innocent, goes looking for the most expensive and most crooked lawyer in the United States. Why?" Hers is a clear unequivocal judgment.

Benjamin Brafman's reputation precedes him. His fees vary from half a million to a million dollars. Enormous sums that are explained by the numerous victories he has won. In 1999, he succeeded in saving rapper Jay-Z from prison. The hip-hop star risked receiving a sentence of up to fifteen years for stabbing a record producer twice with a knife. He got off with three years probation. A New York judge declared: "Brafman can pull a rabbit out of a hat. He has this ability to convince you to follow him wherever he goes! He certainly has incredible talent. In the end, you cannot help but like him."

On the face of it, the DSK affair comes down to a new success for Benjamin Brafman.

Here are four comments from France-Soir readers.

- Thank you for having revealed that except for the possibility of paying the most expensive and most crooked lawyer, Strauss-Kahn would have been in a very bad position for a long time.

- The truth is that it was Diallo's lies that saved DSK, not Brafman, even though he worked hard. In this life people pay for a lawyer as best they can. With all due respect to those jealous of DSK's fortune...

- All it would take is one fanatic with inflexible ideas who decided that justice was not done and who took things into his own hands. Then, even a bullet-proof vest would not prevent a head from exploding. Beware of the vengeance of the little people when anger is great.

Note: The above warning is a bit reckless. There has not been any threat to him or any indication of a violent act of revenge. However, those who live dangerously often attract trouble, as he did in May in New York. It will be very interesting to see if there are any new accusations once he is back in France, and on the campaign trail, as he well may be. Has he learned a lesson? Of course not, unless it is that money really can buy everything.

One more:

- The medical report is not enough. The prosecutor did say that there had been a sexual relation. That was predictable. Well, now he has recovered his virginity and will return to France, all new, with his victory smile. And Nafi has been betrayed by the courts that based its verdict on her lies when she arrived in America and afterwards. But this does not mean that she lied about the attack. It's such a murky tale. The powerful always emerge victorious, it's true and it's disgusting. At his age he may calm down somewhat, but it's true he doesn't need viagra, despite his old age.

Note: He's not that old - 62.

Below Nafissatou Diallo amidst reporters and onlookers on Monday.