The Spitzer Sex Sting: A Few More Questions

http://harpers.org/archive/2008/03/hbc-90002589

The Spitzer Sex Sting: A Few More Questions
BY Scott Horton
PUBLISHED March 10, 2008

It looks like the Bush Justice Department just bagged themselves another Democratic Governor. Here’s the New York Times on the story:

Gov. Eliot Spitzer, who gained national prominence relentlessly pursuing Wall Street wrongdoing, has been caught on a federal wiretap arranging to meet with a high-priced prostitute at a Washington hotel last month, according to a law enforcement official and a person briefed on the investigation.

The wiretap captured a man identified as Client 9 on a telephone call confirming plans to have a woman travel from New York to Washington, where he had reserved a hotel room, according to an affidavit filed in federal court in Manhattan. The person briefed on the case and the law enforcement official identified Mr. Spitzer as Client 9.

Mr. Spitzer, a first term Democrat, today made a brief public appearance during which he apologized for his behavior, and described it as a “private matter.” He did not address his political future. “I have acted in a way that violates my obligation to my family and violates my or any sense of right or wrong,” said Mr. Spitzer, who appeared with his wife Silda at his Manhattan office. “I apologize first and most importantly to my family. I apologize to the public to whom I promised better.”

On the other hand, ABC News this evening offers a starkly different account of how the investigation got launched. According to ABC, the whole investigation of the prostitution ring itself was triggered by an investigation of Spitzer.

The federal investigation of a New York prostitution ring was triggered by Gov. Eliot Spitzer’s suspicious money transfers, initially leading agents to believe Spitzer was hiding bribes, according to federal officials. It was only months later that the IRS and the FBI determined that Spitzer wasn’t hiding bribes but payments to a company called QAT, what prosecutors say is a prostitution operation operating under the name of the Emperors Club. …

The suspicious financial activity was initially reported by a bank to the IRS which, under direction from the Justice Department, brought in the FBI’s Public Corruption Squad. “We had no interest at all in the prostitution ring until the thing with Spitzer led us to learn about it,” said one Justice Department official.

Fox News reported earlier in the day that Spitzer would resign at his press conference. He did not. In any event, however, Spitzer—who was previously viewed as a rising star in the Democratic Party—is now damaged goods. Many had expected him to consolidate power in Albany, inching the Democrats towards control of the State Senate, and to rule as a powerful governor. He may or may not survive the initial shock waves of the scandal, but certainly no one now expects him to be a powerful force in the statehouse.

The Times notes in its story that Spitzer once prosecuted a prostitution ring:

In one such case in 2004, Mr. Spitzer spoke with revulsion and anger after announcing the arrest of 16 people for operating a high-end prostitution ring out of Staten Island. “This was a sophisticated and lucrative operation with a multitiered management structure,” Mr. Spitzer said at the time. “It was, however, nothing more than a prostitution ring.”

These facts are likely to dominate the punditry’s discussion of the issue. Spitzer will be labeled a hypocrite (a charge he can hardly refute).

However, there is a second tier of questions that needs to be examined with respect to the Spitzer case. They go to prosecutorial motivation and direction. Note that this prosecution was managed with staffers from the Public Integrity Section at the Department of Justice. This section is now at the center of a major scandal concerning politically directed prosecutions. During the Bush Administration, his Justice Department has opened 5.6 cases against Democrats for every one involving a Republican. Beyond this, a number of the cases seem to have been tied closely to election cycles. Indeed, a study of the cases out of Alabama shows clearly that even cases opened against Republicans are in fact only part of a broader pattern of going after Democrats. So here are the rather amazing facts that surface in the Spitzer case:

(1) The prosecutors handling the case came from the Public Integrity Section.

(2) The prosecution is opened under the White-Slave Traffic Act of 1910. You read that correctly. The statute itself is highly disreputable, and most of the high-profile cases brought under it were politically motivated and grossly abusive. Here are a few:

Heavyweight boxing champion Jack Johnson was the first man prosecuted under the act — for having an affair with Lucille Cameron, whom he later married. The prosecution was manifestly an effort “to get” Johnson, who at the time was the most famous African-American. (All of this is developed well in Ken Burns’s film “Unforgiveable Blackness”).

University of Chicago sociologist William I. Thomas was prosecuted for having an affair with an officer’s wife in France. Thomas was targeted because of his Bohemian social and his radical political views.

In 1944 Charles Chaplin was prosecuted for having an affair with actress Joan Barry. The prosecution again provided cover for a politically motivated effort to drive Chaplin out of the country.

Canadian author Elizabeth Smart was arrested and charged in 1940 while crossing the border with the British poet George Barker.

(3) The resources dedicated to the case in terms of prosecutors and investigators are extraordinary.

(4) How the investigation got started. The Justice Department has yet to give a full account of why they were looking into Spitzer’s payments, and indeed the suggestion in the ABC account is that it didn’t have anything to do with a prostitution ring. The suggestion that this was driven by an IRS inquiry and involved a bank might heighten, rather than allay, concerns of a politically motivated prosecution.

All of these facts are consistent with a process which is not the investigation of a crime, but rather an attempt to target and build a case against an individual.

The answer of the Justice Department to all this is likely to be: Trust us. But in the current environment, the reservoir of trust is tapped. The Justice Department needs to submit to some questions about how this probe got launched, who launched it, and to what extent political appointees were involved in its direction. This has nothing to do with Spitzer’s guilt or innocence. But it has everything to do with the fading integrity of the Public Integrity Section.