Accused maid-molester Dominique Strauss-Kahn says that even the civil case against him should be tossed out now — because he’s got diplomatic immunity as former head of the IMF.
“Mr. Strauss-Kahn enjoyed absolute immunity under customary international law not only while he was head of the IMF, but also for the period of time after he had resigned from his post and was ordered to remain in the United States in his criminal matter,’’ the Frenchman’s high-powered lawyers said in a sensational motion to dismiss, filed today in Bronx Supreme Court.
“That is because, under applicable and controlling international law, Mr. Strauss-Kahn’s absolute immunity persisted until he was able to leave the United States,” the document said, according to Agence-France-Presse.
Strauss-Kahn is being sued by Nafissatou Diallo, a former maid at the Sofitel hotel in midtown Manhattan, for allegedly sexually attacking her in his suite in May.
He was head of the powerful International Monetary Fund at the time but quickly resigned amid the ensuing scandal.
Last month, the Manhattan DA’s office dropped the criminal charges against him, saying Diallo lied and repeatedly changed her story and therefore was not a credible witness.
In the motion to dismiss Diallo’s civil suit, DSK’s lawyers heaped it on — charging that Diallo also essentially ruined the IMF chief’s chances of helping stabilize a faltering global economy.
“As a direct result of (the) plaintiff’s false charge of sexual assault, the IMF’s ability to serve its critical function in the international economy was significantly impaired at a time of worldwide financial crisis and instability,” the motion said.
Diallo’s lawyer, Kenneth Thompson, ripped the idea that the Frenchman should be afforded diplomatic immunity.
The “baseless motion is another desperate attempt to avoid having to answer for the deplorable acts he committed against Ms. Diallo,’’ he said in an e-mail to Reuters.
“Strauss-Kahn’s claim of diplomatic immunity will clearly fail because: (1) he is not a diplomat; (2) according to his own story he was in New York on ‘personal’ business; (3) he, not the IMF, paid for his room at the Sofitel; and (4) he was obviously acting in his personal capacity when he violently attacked Ms. Diallo.”
DSK did not claim diplomatic immunity in his criminal case because the incident did not occur while he was on official duty — but that doesn’t matter in civil court, according to his lawyers.
International-law expert Bradford Trebach of The Bronx disagreed.
“He can claim whatever he wants … [but] under the IMF’s articles of agreement, high-ranking IMF officials have what’s called ‘official acts immunity,’ so that means that they would be immune from a lawsuit regarding acts done by them in their official capacity,’’ Trebach told The Post.
“The type of thing the maid is talking about does not seem to be something that is an official act.’’
Trebach — asked how he would characterize the defense’s motion — replied, “Throw it up a wall and see if it sticks?’’