What's to say about Eliot Spitzer? If (a) he weren't married,
and (b) he hadn't made an issue of cracking down on prostitution
services, then I'd say it's nobody's business. But given his
mendacity and hypocrisy, that's not the case.
The Washington Examiner does a
nice job of comparing Spitzer's imbroglio with other politics
and prostitution scandals, which highlights the extent to which
prostitution stings have become a favored device in the politics of
personal destruction toolkit.
That's another reason why (and again, leaving aside Spitzer's
mendacity and hypocrisy), making the purchasing of sexual pleasure
illegal opens the door to selective prosecutions and other bad
things. Regulate it as might be necessary for health and safety,
zone it away from the kiddies, and tax it like other businesses,
says I.
The arrangements for the rendezvous at a Washington hotel were
caught on a federal wiretap recording last month and laid out in
legal papers that reveal the intricacies involved in hiring a
$1,200-an-hour call girl and sending her to D.C. from New York.
How nice that the FBI has nothing better to do than elaborate
surveillance operations aimed at prosecuting consensual, commercial
relations involving adults. What's terrorism, after all, compared
to illicit nookie?
You know, if you're a porn director starring in your own films,
you can pay a professional to have sex with you and as long as you
film it for commercial sale it's all (still, thankfully) legal,
despite the efforts of the Meese
Commission. How inane does that make our prostitution laws
look?
More. Andrew Sullivan
picks up on the same theme.
More still.
Client #9, also known as Eliot Spitzer, enthusiastically
enlisted in a crusade for tougher anti-prostitution laws and
specifically for steps to raise the penalties for "johns" who
patronized the women involved. The campaign bore fruit, and in his
first months as Governor signed into law what advocates call "the
toughest and most comprehensive anti-sex-trade law in the nation".
Among other provisions, the law "lays the groundwork for a more
aggressive crackdown on demand, by increasing the penalty for
patronizing a prostitute, a misdemeanor, to up to a year in jail,
from a maximum of three months." (Nina Bernstein, "Foes of Sex
Trade Are Stung by the Fall of an Ally", New York Times, Mar.
12). (via Overlawyered.com)
And reader "Avee" comments:
Yes, the FBI may have initially been following a suspicious
money transfer in Spitzer's private accounts. But once it became
clear this wasn't about corruption or terrorism, but purchasing
commercial sex, they continued with the wiretaps and surveillance.
So Steve still has a point about the FBI misdirecting its resources
at prostitution.
Furthermore. Alan Dershowitz agrees it was
entrapment:
Once federal authorities concluded that the "suspicious
financial transactions" attributed to Mr. Spitzer did not fit into
any of the paradigms for which the statutes were enacted, they
should have closed the investigation. It's simply none of the
federal government's business that a man may have been moving his
own money around in order to keep his wife in the dark about his
private sexual peccadilloes.
As [the Wall Street Journal] has reported: "It isn't clear why the
FBI sought the wiretap warrant. Federal prostitution probes are
exceedingly rare, lawyers say, except in cases involving
organized-crime leaders or child abuse. Federal wiretaps are seldom
used to make these cases . . ."
And Nora Ephron
observes:
This is the problem these guys get into: they're so morally
rigid and puritanical in real life (and on some level, so
responsible for this priggish world we now live in) that when they
get caught committing victimless crimes, everyone thinks they
should be punished for sheer hypocrisy.
But they shouldn't really. It's one of the things you have to
admire about Senator Larry Craig: he's still there.