The former Attorney General of New Jersey writes about different public relations defenses of Eliot Spitzer and gets a laugh with this one:
Now, having announced his resignation, ensnared in the Emperor’s Club prostitution scandal, Mr. Spitzer is playing defense as never before. He will be defending his marriage, his liberty, his license to practice law and what remains of his reputation. How should he play defense?
First, supporters of Mr. Spitzer like Alan Dershowitz of Harvard Law School have begun to challenge the integrity of the federal investigation. They point to the salacious details included in the federal affidavit that was released to the press, and to the illegal leaks to the press about details of the investigation. Some wonder openly whether Mr. Spitzer was singled out by the Bush administration.
This attack strategy has obvious appeal. The unusually detailed “speaking” affidavit does seem intended to humiliate, disclosing that “Client 9” possibly wanted to engage in sex that might not be “safe” and asked for a physical description of his escort. This practice of including sensational but irrelevant details of investigations in charging documents has become more prevalent in recent years, and Mr. Spitzer’s defenders are right that it is an odious and unnecessary practice that compromises the presumption of innocence.
Similarly, leaking to the press the details of an investigation has also become commonplace in prosecutions in recent years. An article in this newspaper on Wednesday included information from federal officials who insisted on anonymity because “it can be a crime to disclose the contents of a suspicious activity report.” That federal officials would reveal such information is simply inexcusable. Unfortunately, the Justice Department has been loath to investigate such leaks, and Mr. Spitzer’s supporters are right to criticize them.
Eliot Spitzer criticizing leaks intended to pressure a prosecution target into settling? I can't wait. Here is Kimberly Strassel, a Wall Street Journal reporter who covered Spitzer in his glory years, describing how the media enabled Spitzer and enjoyed his manipulations:
What makes this more embarrassing for any self-respecting journalist is that Mr. Spitzer knew all this, and played the media like a Stradivarius. He knew what sort of storyline they'd be sympathetic to, and spun it. He knew, too, that as financial journalism has become more competitive, breaking news can make a career. He doled out scoops to favored reporters, who repaid him with allegiance. News organizations that dared to criticize him were cut off. After a time, few criticized anymore.
...Mr. Spitzer's main offense as a prosecutor is that he violated the basic rules of fairness and due process: Innocent until proven guilty; the right to your day in court. The Spitzer method was to target public companies and officials, leak allegations and out-of-context emails to a compliant press, watch the stock price fall, threaten a corporate indictment (a death sentence), and then move in for a quick settlement kill. There was rarely a trial, fair or unfair, involved.
Hard times for Eliot.
"Some wonder openly whether Mr. Spitzer was singled out by the Bush administration."
Watch for this to become the presumption over the coming weeks, i.e. that Joe Bruno implored for Spitzer to be taken down, and that it occurred to Bush/McCain that it would make great political sense to do so. Now if they can just figure out how Karl Rove compelled Spitzer's behavior with top-secret libido x-rays...
Posted by: hrtshpdbox | March 13, 2008 at 10:49 AM
I assumed the details were included in the affidavit to prove that this was indeed about sex.
Otherwise, we'd hear that Eliot was http://findarticles.com/p/articles/mi_qa3827/is_199810/ai_n8812834>'ministering' to the poor troubled girl.
Posted by: MayBee | March 13, 2008 at 11:01 AM
Analogously, Libby must have been targetted by the Bush Administration because Fitzgerald put in his presser what he wouldn't sustain in court.
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Posted by: kim | March 13, 2008 at 11:08 AM
Is Strassel suggesting that the media were his whores, too? Gosh!
Posted by: anduril | March 13, 2008 at 11:08 AM
Analogously, Libby must have been targetted by the Bush Administration because Fitzgerald put in his presser what he wouldn't sustain in court.
Do we get to include all the unfounded allegations in his close??
Posted by: Pofarmer | March 13, 2008 at 11:12 AM
Nifogn, Earle and Spitzer all worked hand in glove with the media to do their dirty work.
Posted by: clarice | March 13, 2008 at 11:14 AM
Speaking of Libby, I read an AP (I think) article yesterday on Spitzer. In the middle of the article, after informing the reader that Spitzer has hired Ted Wells to represent him, they dropped a paragraph on Libby's trial. Never let a chance go by...
Posted by: Sue | March 13, 2008 at 11:25 AM
"Some wonder openly whether Mr. Spitzer was singled out by the Bush administration."
Oh that's old news now. Raw Story was reporting it was a set up on March 11, a few hours after it broke.
Now the real question is why Herr Bush and Herr Rove waited until the Prince Spitzer was elected Governor before setting him up?
Posted by: Jane | March 13, 2008 at 11:30 AM
Maximum hurt to Hillary,Jane. It all fits together when you think about it..especially if you wear your special thinking cap.
Posted by: clarice | March 13, 2008 at 11:43 AM
Ahhhh. of course.
Posted by: Jane | March 13, 2008 at 11:45 AM
It wasn't about the Bush Administration going after Spietzer, it was about the US Attorney's office for the Southern District paying him back for bigfooting Federal investigations during his tenure as NYS Attorney General.
Posted by: dblaiseb | March 13, 2008 at 11:56 AM
AKA Ashley Dupre 22 year old former singer.Looks like a career boost.
Posted by: PeterUK | March 13, 2008 at 12:03 PM
Who believes that Foley was anything other than a Democrat front group drive by shooting? Likely egged on by Dean and Pelosi so they could steal a seat and make there meme have maximum effect with the muddle. Seriously if the Feds knew about Sptizer and let it go, I would be for firing every damn political appointee in the Justice Department ( come to think of it, that might not be a bad idea even now ).
Posted by: GMax | March 13, 2008 at 12:06 PM
Is Strassel suggesting that the media were his whores, too?
Ya, but cheaper.
{I think they have a negative diamond rating-even Spitzer would want a Trojan}
Posted by: Anon | March 13, 2008 at 12:18 PM
Fitz didn't want to prosecute Plame, so he went with the five year law, prosecute Plame. The backfire was too big for Fitz when they talked to Plame's neighbors and asked about the five year law. So, a set up for both Fitz and Plame. The five year law is what she violated with the Ames thing where the law was important.
Dems. realive and sell off like the Florida 'do over' and New orleans himself is paying.
Fitz handled his bad buy nicely, but it really points to Plame getting away with what she blamed the leaders of the US government for.
It would be neat to do Fitz like Spritzer, but they already claimed he went insane so they were nice.
Foley was against term limits and the dems have always killed right there.
Posted by: Slr | March 13, 2008 at 12:20 PM
“Some wonder openly?” About what? Whether O.J. can find the real killers? If Bill Clinton is still ministering to young women? The same folks who consider Bush inept now consider him capable of ensnaring Spitzer in a sting beginning years before Bush took office. I think Spitzer is simply a spoiled rich kid who liked to dress Kristin up and play dolls.
How revealing the facts underlying a complaint somehow compromises the presumption of innocence remains yet a mystery. The Presumption is not found in the Constitution. It is a matter of common law that describes the burden of proof in a criminal case. It is a method of considering and weighing the evidence. It is decidedly not compromised by disclosure of the evidence. Likely the author means that after everyone reads what the rich kid did, they won’t like him anymore. In other words, his sins should remain hidden.
Gag.
Posted by: MarkO | March 13, 2008 at 12:25 PM
" and what remains of his reputation."
Something remains of his reputation? What would he have to do to destroy it all?
Posted by: pagar | March 13, 2008 at 01:09 PM
I just Googled Silda Wall and read her bio. A very lovely, bright and able woman. How that bastard could do that to her is nearly as big a mystery as why she stood next to him at his pressers. I can't see how she could possibly remain with him after this. (By the way, Google Images will show you just how beautiful this woman is.)
Meanwhile, in other news...A nice little tidbit about Bubba from an NBC/WSJ poll:
"The poll shows a significant shift in his approval rating from a year ago. In March 2007, some 48% of those surveyed had a positive view of the former president, and 35% had a negative view. Now his negatives outpace his positives, 45% to 42%."
Posted by: Other Tom | March 13, 2008 at 01:42 PM
A tidbit on the #9 matter. Turns out that Ms. Dupre's court appointed attorney is no ordinary joe. Don Buchwald is a respected former SDNY white collar crime prosecutor. Since this guy isn't someone she could find using the yellow pages I have to conclude that the USA pointed her in his direction and that Ms. Dupre is cooperating fully with the USA.
Posted by: LindaK | March 13, 2008 at 02:02 PM
A very lovely, bright and able woman. How that bastard could do that to her is nearly as big a mystery
Because he's a bastard.
It wasn't about having sex, or even sex with a beautiful woman (which Silda is). It was about collecting sex, and treating her however he wanted while he did it, and not having to think about the needs/wants of the person he was poking.
I also suspect there was the thrill of the danger. He spent a lot of time planning it, and a lot of time setting up dangerous consequences for himself if he got caught.
Posted by: MayBee | March 13, 2008 at 02:13 PM
Now if they can just figure out how Karl Rove compelled Spitzer's behavior with top-secret libido x-rays...
Libido, Libby... I sense a connection to a much greater plot than any of us (probably excepting Jane H) can imagine. Any link to Liberace? Or his heirs? (Or hairs?)
Posted by: Tom Maguire | March 13, 2008 at 02:26 PM
Something remains of his reputation? What would he have to do to destroy it all?
Start whining hypocritically about how he was targeted by overzealous prosecutors? Oh, wait...
Posted by: Tom Maguire | March 13, 2008 at 02:30 PM
Turns out that Ms. Dupre's court appointed attorney is no ordinary joe.
And hopefully not an ordinary john, either. (Couldn't let that one go by.)
How that bastard could do that to her is nearly as big a mystery...
Puh-leeze! She was along for the ride, and I'll bet she thought it was a pretty good one until Monday. She was with his agenda, politically and personally--as far as she knew it. His agenda was to step on those he victimized to reach the heights of his ambition--and she was climbing right behind him. Being "lovely, bright and able" doesn't keep a woman from being a perfect bitch, to match the bastard she married. What if she'd been ugly, stupid and totally inept--but sweet and kind? Would she get the same sympathy? "Bright and able" means she should've known better--just like him.
Posted by: anduril | March 13, 2008 at 02:55 PM
It all fits together when you think about it..especially if you wear your special thinking cap.
The tinfoil one?
Posted by: Charlie (Colorado) | March 13, 2008 at 02:59 PM
I sense a connection to a much greater plot than any of us (probably excepting Jane H) can imagine. Any link to Liberace?
OK. Good. Start there, 'Liberace'. Break it up, what do you see - 'liber' and 'race'.
[Isn't that an extra 'r'? Of course. Their first sign. 'R's everywhere. Republican. Rove. Reich. (Put 3 together, what do you have? 'RRR'. Take the tops off, what's left? 'KKK'. This tells us what? Yes. 'Republican' (R) is 'Klan' (K) under cover. You see it everywhere when you know to look - Ronald Reagan. Right. Reason. Responsibility. All the same. Anyway.]
So what do we have, 'liber' and 'race', they want you to pronounce the second part 'ra-chee', but that's an Italian trick, they killed Christ to keep him silent but they won't let a terminal 'e' be silent, why is that? No, pronounce it normal - 'liber' and 'race'. [Has a hint of 'liberate', what they call their imperialist wars, but that's a false flag, don't fall for it.]
What is this, 'liber race', it's the liberal race, it's black people. That's who they're scared of. What's missing? 'Al'. Take out 'Al', no more 'liberal race', 'Liberace'.
The Italians are going to assassinate Al Gore to prevent the liberation of black people.
Posted by: bgates | March 13, 2008 at 03:13 PM
Thanks, bgates, I'd never thought of it that way...
Posted by: Rick Ballard | March 13, 2008 at 03:20 PM
Some of you guys are too smart for your own good.
Posted by: Jane | March 13, 2008 at 03:37 PM
Columnist Paul Campos today is claiming it was an FBI "sting" operation that targeted Spitzer. Either I'm not familiar with the definition of a sting or Campo is blowing smoke for a fellow traveler.
How is it that Dems are always victims regardless of their culpability?
Posted by: in_awe | March 13, 2008 at 04:49 PM
So they say it's not him .. err. Michael Jordan is not "Client #10" from Chicago.
Who else do we know who hails from Chicago ?
Fitz ? Wouldn't that be delicious.
Posted by: Neo | March 13, 2008 at 04:57 PM
Ya, but cheaper.
To true.
Posted by: anduril | March 13, 2008 at 05:32 PM
Eliot Spitzer (R) holds a news conference in New York City with his wife Silda by his side
Who'd a thunk it ?
I guess the (R) stands for retired.
Posted by: Neo | March 13, 2008 at 05:35 PM
Eliot Spitzer (R)
That is simply unbelievable.
Posted by: Jane | March 13, 2008 at 07:16 PM
Eliot Spitzer (R)
He became an "R" when the sex scandal broke - first thing he did was change his registration.
I don't know why more Reps don't think of that.
Posted by: Tom Maguire | March 13, 2008 at 10:11 PM
Heh. Good stuff. And you're definitely on a roll, TM. Thanks.
Posted by: Cecil Turner | March 13, 2008 at 10:17 PM
One of the media watchdogs counted--wvery single MSM mention of Craig and Foley mentioned their party affiliation.only 20% of the Spitzer mentions named his party--and then of course AFP got it wrong. This has gone beyond humor to the point that the media must at last be shamed by this irrefutable proof of bias.
Posted by: clarice | March 13, 2008 at 10:20 PM
Remember folks, it's not the formal registration that counts, it's the demonstration of hypocrisy. It is only Republicans who are hypocritical about sex. QED.
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Posted by: kim | March 13, 2008 at 10:24 PM
Maybe so Kim, but Mr. Spitzer was pretty hypocritical about prostitution.
Posted by: Jane | March 13, 2008 at 10:28 PM
See? He's really an R just registered D to get elected.
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Posted by: kim | March 13, 2008 at 10:53 PM
OK, so that's yahoo UK.
Anyone else get a screen shot?
It's still there.
Posted by: hit and run | March 13, 2008 at 11:57 PM
Doubtless they intend the (R) to indicate he's on the right in the picture.
Posted by: Elliott | March 14, 2008 at 12:15 AM
Doubtless they intend the (R) to indicate he's on the right in the picture.
Or right side of the "prostitution" issue like KristofDo as He [Spitzer] Said - incredible.
Posted by: Topsecretk9 | March 14, 2008 at 12:48 AM
At one time we ran a photo with a politician standing next to a cow, and resisted the great temptation to put (right) after the person's name. ;-)
Posted by: sbw | March 14, 2008 at 09:45 AM
Robert Tracinski has a pretty good article this morning at RCP. Some passages:
Posted by: anduril | March 14, 2008 at 09:54 AM
That's a great piece Anduril. The link to the whole thing is under my name.
Posted by: Jane | March 14, 2008 at 10:28 AM
anyone who really wants to wield power is, by that very fact, the last person who should be allowed to do so.
Say it again. Louder!
Posted by: sbw | March 14, 2008 at 10:28 AM
Son of a psychologist--I'm a sucker for those kinds of articles.
Posted by: anduril | March 14, 2008 at 10:40 AM
Excellent article,anduril
Posted by: clarice | March 14, 2008 at 11:35 AM