Jones observed that the very fact this case was investigated by the State Department and not the FBI or ICE, the two major investigative wings of the U.S. Government, is reflective of the fact that there were serious considerations given before taking a decision to arrest Khobragade.

When asked about the Indian demand that the U.S. should withdraw the case against Khobragade, which has been ruled out by the State Department, Jones said this is feasible, though might be difficult at this stage of the court case.

“It (apology) is certainly feasible. It is certainly feasible. It is more difficult once a complaint is filed and prosecution has been initiated. It is more difficult for the justice department to back off after that and even for the State Department. But it is possible,” Jones said.

“This case can go any number of ways. It can go through the court system all the way through a trial. I do not think that that will happen. I think that pursuing this case to the trial is going to be the last thing that the U.S. and the Indian government would really want to happen that would escalate the tensions,” he said.

“Could it be resolved with some kind of diplomatic or other type of resolution in the court system wherein there is an acknowledgment that either a crime or some wrong was done that's going to be a decision that she would have to make in consultation with her lawyer,” Jones said.

After a day’s break due to Christmas holiday, officials of both India and the U.S., accompanied by a battery of legal minds, are expected to resume their talks on Thursday.

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