Dominique Strauss-Kahn and the US Legal System

Dominique Strauss-Kahn had his bail lifted today by the New York judge who is presiding over his sexual assault case.

The elimination of the bail was requested by the District Attorney, whose investigation of the hotel maid’s background and life, and of the events on the day on which DSK allegedly raped her, led him to believe that she may not be telling the truth, at least not all of it.

United States procedural law required the District Attorney to tell DSK’s defense counsel what he had learned. That occurred yesterday. The two sets of lawyers then asked the judge to lift the bail of 1 Million Dollars plus 5 Million Dollars of caution. DSK is now free to go where he pleases, and to travel and live where he chooses, except that the judge has continued to retain his passport.

Many legal analysts believe that today’s move by the District Attorney is simply the prelude to his announcing that he will waive all charges, thereby exonerating DSK completely.

But, at the same time, the woman who has accused DSK insists that she was raped and that the trial must go forward. In plain fact, her credibility as a witness has been seriously damaged, if this morning's New York Times article has the facts right, because it says she is involved with a drug dealer gang and she lied on her declaration requesting American asylum. The Times also reported that she has 100,000 Dollars in four American bank accounts, deposited by the drugs gang.

The debate today, both in America and France is frenzied. The two main lines of argument are either that DSK may now find it possible to re-enter the French presidential race or that he may simply retire from public life for a time and try to repair the personal damage caused by the affair.

At the edges of these arguments is the notion that DSK could become a hero of sorts and win the presidential election easily or that he is now a pariah and could never be elected. But, some of his Socialist Party supporters are asking that the Socialist primary due to be held later this year be postponed until things become clearer.

Strauss-Kahn has not spoken publicly so far and his lawyers say he will wait until the time is right.

If the woman is lying, she and the District Attorney who trusted her have made a shambles of Dominique Strauss-Kahn’s life. He has lost his position as head of the International Monetary Fund. He is no longer a French presidential candidate. His family, especially his wife, Anne Sinclair, has been put through an emotional hurricane.

If, despite all her other lies, she is telling the truth about the rape, DSK will benefit greatly from the doubt that his attorneys will now cast on her story if the case ever goes to trial.

Sometimes justice is messy, and this time it’s also ugly and perplexing.

Perhaps DSK can find some comfort in the fact that if he is exonerated, he will surely receive monetary damages, but not in any case enough to repair his life.