S.D.N.Y.: Morocco can sue under the Vienna Convention, but its request for relief from a search of phones of two consular employees is denied without prejudice

The Kingdom of Morocco waived consular inviolability for a search warrant for alleged visa fraud by two of its employees in NYC on whom criminal complaints had been filed. Cell phones were seized. Morocco sought to intervene in grand jury proceedings and for return of any privileged communications. “According to Morocco, ‘at least some of those cell phones contain privileged consular information” under the Vienna Convention on Consular Relations (‘VCCR’). … Therefore, on March 27, 2019, Morocco wrote to the Government to demand the ‘immediate return of’ privileged information, as well as the destruction of that information in the Government’s possession.” The court recognizes that Morocco can file the action, but it’s request for relief is denied without prejudice. Kingdom of Morocco v. United States, 2019 U.S. Dist. LEXIS 213650 (S.D. N.Y. Dec. 11, 2019).