The Spitzer Case: Is it as Bad as it Seems?
The most recent scandal to engulf the political realm is that of (former) New York Governor Eliot Spitzer’s involvement in a prostitution “ring.” In other words, he’s been sleeping around. Highly ironic considering his promise to help fight prostitution and other social ills in the state of New York. This scandal has given the media something to be excited about. And since its a critical election year, the reaction by the media is as critical as ever.
Amongst all the media hype, well known Harvard Law Professor, and former instructor of Spitzer, Alan Dershowitz attempts to put this situation in “perspective.” The following are excerpts I found interesting in insight and good statements to consider when evaluating the Spitzer scandal (the full articles can be found here and here):
“Throughout our history, men in high places have engaged in low sexual activities. From Thomas Jefferson to Franklin Roosevelt to John Kennedy to Lyndon Johnson to Bill Clinton, great political figures have behaved like adolescent boys in private, while at the same time brilliantly and effectively leading our nation in public.
Because when men think with an organ other than their brain, no matter how smart you are, they tend to do very, very, very stupid things. Whether it’s Bill Clinton or Thomas Jefferson or Franklin Roosevelt or John Kennedy or Lyndon Johnson. These are all people who greatly governed during the day and at night, behaved like adolescent boys. The point is sophisticated people in mature countries understand that you distinguish between personal problems that are family matters and matters of governance…”
The laws criminalizing adult consensual prostitution — especially with $5,000-an-hour call girls — are as anachronistic as the old laws that used to criminalize adultery, fornication, homosexuality and even masturbation. These may be sins, but there are no real victims, except for family members.”
Keep in mind here that this isn’t a case of a sex slave network, like those often found in East Asia and other developing regions. It was women performing a demanded service, with very high price tags.
The statements above beckon a few questions:
#1 Should this even be this big of a deal? The banking records show a transfer of some 15,000 dollars — that’s chump change. It’s not something that banks typically look for in “illegal money laundering.” They’re looking for multi-million dollar transfers. Obviously, someone was looking in on Spitzer. Still, is it worth the time, money, and political capital to pursue this case?
#2 Should Spitzer be impeached for this? Sure, he’s guilty of hypocrisy (and arguably low-level money laundering), but does that hamper his ability to operate as Governor? If that’s the standard, then what’s to be said about slave owning Thomas Jefferson, adulterous (and arguably one of the best president’s of the USA) Franklin D. Roosevelt, or intern lover Bill Clinton? Should they have been impeached and removed? The Clinton case obviously speaks for itself.
#3 Should prostitution be legal? Should the vocation of prostitution be a job that is legal, and therefore regulated and controlled, like in some European countries. In Europe this sort of story wouldn’t of even made the back page news. This is a personal liberties issue that collides with the moral sense factor bound by the likings and dislikings of society. Does this issue, according to a strict scrutiny standard towards personal liberty, meet the threshold of intolerable and thus grounds for government regulation?
On #3:
Prostitution should absolutely be legal. This incident has reignited the debate on this issue and perhaps eventually we will change the laws that prohibit prostitution and force it underground where it becomes unhealthy, and dangerous. Prostitution is the definition of a victimless crime, and there is no compelling societal interest in banning it.
Although many would argue there’s no such thing as a victimless crime, I agree with you. When the practice goes as planned, no one is injured. The practice prostitution is widely prevalent and there isn’t any indication that the practice will halt. This should be an indication to law makers that something ought to be done.
The issue is can you persuade enough legislatures to take on such a sensitive issue? It’s definitely in the public interest to provide for health and safety measures in vocational settings. Prostitution, a well-established vocation, has zero regulation measures and is abused. Unless you fare you can abolished the practice all-together, something should be done to ensure the safety of the participants.
I can assure you that no, there will be no push to legalize prostitution (though I agree, it would be wonderful). The ignorant masses impede progress again.
Sadly that’s the case; however, I thought this was a pertinent time to bring up the point.
About point #1, most banks are federally required to pull records and fill out paperwork for any cas transactions over $10,000. While transfers of $15,000 don’t sound like much, it’s the type of transactions money launderers assume they’ll get away with, and it’s what is now looked for.
But all in all, I agree with the core idea of your post. Thanks.
Clinton should have been impeached for bombing people if anything at all.
The number one issue with Spitzer is the privacy issue. Not in respect to prositution, but in regards to his money, banks, IRS, DOJ, and the FBI’s Public Corruption Squad.
(You are probably right, he made one too many enemies, but what crime did he commit?)
Brought down with the illegal tools of the state….He will probably be charged with “structuring”.
Bill Anderson writes:
“Here is the situation: he will be charged in the making of suspicious payments in order to break the law. Now, the wire transfers in and of themselves were not illegal, and the feds are not going to charge him with soliciting prostitutes.
However, combine the two activities, and you have a federal crime. ”
Derivative Crimes and Federal Injustice
http://www.fff.org/freedom/fd0403f.asp
the search warrant application:
7. As demonstrated below, the evidence obtained during this investigation includes, among other things, statements of a confidential source who worked with the Emperors Club; statements of an undercover officer; more than 5,000 telephone calls and text messages intercepted pursuant to court authorized wiretaps; more than 6,000 e-mails recovered pursuant to court-authorized search warrants; bank records; travel and hotel records; and physical surveillance.
They’ll get him for violating the Mann Act, because he transported females across interstate lines for “immoral purposes” (viz. prostitution).
i think that’s just the tip of the iceberg.
sure, the Mann Act, The Bank Secrecy Act of 1970, Money Laundering Control Act, Patriot Act….did I miss anything…I am sure I did.
Ah yes, the crime of consenting adults.