The Entrapment of Eliot Spitzer

The Wall Street Journal ^ | March 13, 2008 | Alan M. Dershowitz

[Nony]

The federal criminal investigation that has led to Eliot Spitzer's resignation as governor of New York illustrates the great dangers all Americans face from vague and open-ended sex and money-transaction statutes.

Federal law, if read broadly, criminalizes virtually all sexual encounters for which something of value has been given. Federal money-laundering statutes criminalize many entirely legitimate and conventional banking transactions. Congress enacted these laws to give federal prosecutors wide discretion in deciding which "bad guys" to go after.

[rlmorel]

Ping to come back later. I have learned never to post about Alan Dershowitz until after I have woken up completely.

[Shirerwasright]

My Father always told me if I do the right thing and stay away from people of questionable character I would do well.

Seems Ellie never got this advice.

It is amazing how sh*t attracts sh*t, Alan Dur.... what a piece of crap this individual is.

[King of Florida]

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.

Gotta say I agree with him there. It's sweet that they caught the hypocritical steamroller, but ultimately there was no need for the feds to "catch" him.

[G.Mason]

" ... Federal money-laundering statutes criminalize many entirely legitimate and conventional banking transactions ... "

Though I hate to admit it, Dershowitz is right in that respect. The Feds have made your local bank teller an agent of the government.

It remains, that my opinion of Dershowitz is right down there with any other of our enemy socialist Democrat Party and Rhino miscreants.

ΜΟΛΩΝ ΛΑΒE

[MichiganMan]

The thing is, his history indicates that Eliot Spitzer would have been thrilled to have done to someone else what the investigators in this case did. So no, no poor Eliot. A predatory (former)prosecutor was caught by the same system and rules that he exploited.

[equaviator]

“Congress enacted these laws to give federal prosecutors wide discretion in deciding which “bad guys” to go after.”

And to lobby for changes would be PC because the world has changed that much?

[Mark was here]

If one was to say it was his wife’s job to catch him, I would not argue.

[kingu]

I do enjoy when editorials have titles that aren’t substantiated within the text of the editorial it titles - no entrapment here.

But the point behind it is a valid one - how much money, manpower and time was wasted in this? Where in the constitution does it enumerate the power of the Federal government to go after prostitution?

It’s not ironic, but justice, that Spitzer has been caught by the same abusive laws that he went after others with, with equal zeal. That the most significant portions that caught Spitzer were added by Democrats is particularly delicious as their ‘shining knight’ found out that he brought a pole arm to a gun fight.

[ari-freedom]

government corruption is the reason why Mexicans are crossing over here illegally. Character matters and someone who holds the public’s trust must be held to a high standard.

Alan would have a stronger argument if we were talking about some Joe Shmoe off the street instead of the governor and former AG

[ksen]

Interesting article.

I don’t normally agree with Dershowitz but I do in this case.

[Jimmy Valentine]

Dershowitz is pleading Spitzer's case not truly commenting on the scope of the law.

The anti-money laundering laws are broad; they are designed to catch drug smugglers, and terrorists among others. But Dershowitz is trying to make Spitzer sound like an innocent and he is not.

Spitzer in knowing violation of the currency laws deliberately structured his cash transactions to stay below the $10,000 reportable limit and the Feds have him dead to rights.

Verdict: GUILTY!

[YCTHouston]

“The Feds have made your local bank teller an agent of the government.”

Scary thought, but increasingly true.

[Jimmy Valentine]

He is wrong. See my post please

[FreedomPoster]

Well, I hate to go agreeing with Dershowitz, but he does have a point. From my profile page:

“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
- Ayn Rand, ‘Atlas Shrugged’ 1957

It’s pretty obvious that Spitzer used laws of the sort described above, in that manner, as a source of power over others. Hence all the irony and schadenfreude surrounding this event.

[ksen]

The only thing better would be that after his political downfall he would be diagnosed with stage IV colon cancer.

That's a disgusting thing to wish on anyone. Because we are opposed to someone politically we should wish something on him that would devastate his wife and kids?

[gusopol3]

it’s real early to come out swinging (no pun intended) for Spitzer, before information about taxes ,etc. come out about Emporer’s Club. Is the argument, you have to pay taxes and follow all sorts of work place rules if you’re a legitimate business, but keep all that kind of stuff under cover if you’re an illegal business and it’s OK?

[SE Mom]

I wonder if Dershowitz approved of the manner in which Spitzer went after Grasso.

What would Dershowitz have the Feds do? Upon learning of the information from the bank, should they have given Spitzer a courtesy call telling him to clean up his act or else?

[Dahoser]

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.

Why is it that private sexual peccadilloes and the means by which they are satisfied are always legal no matter how illegal they are? If Spitzer were moving money around like that so he could keep his wife in the dark about his private cocaine habit, would that be okay? If Spitzer were moving around money like that to keep his wife in the dark about his private gun running habit, would that be okay? If Spitzer were moving around money like that to keep his wife in the dark about his private dogfighting habit, would that be okay?

You can call prostitution a victimless crime all you like, but it's still illegal in the states where Spitzer was doing it. Change the law? Fine, but until you do, the people who break the prostitution laws are just as guilty as the people who break the robbery laws and the assault laws and the securities fraud laws.