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The Entrapment of Eliot
The Wall Street Journal ^ | March 13, 2008 | Alan Dershowitz

Posted on 03/16/2008 2:30:48 AM PDT by 2ndDivisionVet

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.

Generally, wise and intelligent prosecutors use their discretion properly -- to target organized crime, terrorism, financial predation, exploitation of children and the like. But the very existence of these selectively enforced statutes poses grave dangers of abuse. They lie around like loaded guns waiting to be used against the enemies of politically motivated investigators, prosecutors and politicians.

There is no hard evidence that Eliot Spitzer was targeted for investigation, but the story of how he was caught does not ring entirely true to many experienced former prosecutors and current criminal lawyers. The New York Times reported that the revelations began with a routine tax inquiry by revenue agents "conducting a routine examination of suspicious financial transactions reported to them by banks." This investigation allegedly found "several unusual movements of cash involving the Governor of New York." But the movement of the amounts of cash required to pay prostitutes, even high-priced prostitutes over a long period of time, does not commonly generate a full-scale investigation.

We are talking about thousands, not millions, of dollars. We are also talking about a man who is a multimillionaire with numerous investments and purchases. The idea that federal investigators would focus on a few transactions to corporations -- that were not themselves under investigation -- raises as many questions as answers.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: 2008; adultery; corruption; democraticparty; democratparty; democrats; dershowitz; eliotspitzer; emperorsclub; federalagents; police; privacy; prosecution; prostitution; scandal; sex; sleaze; spitzer; spitzmas; tawdry; wiretaps
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From a libertarian viewpoint, I can see Mr. Dershowitz's point. Has anyone heard if the rumors of mob money to pay for the hookers has been substantiated?
1 posted on 03/16/2008 2:30:49 AM PDT by 2ndDivisionVet
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To: 2ndDivisionVet
I say Good Riddance

The irony was documented by the same paper's editorial page the other day. Spitzer used similar tactics on companies and one can say - turnabout is fair play. Then he tried to frame a Republican Senate leader.

It was Spitzer and his tactics that we need to get rid of .....where was Alan when the businessmen needed help?

2 posted on 03/16/2008 2:37:03 AM PDT by The Raven
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To: 2ndDivisionVet

Security at what price.


3 posted on 03/16/2008 2:48:12 AM PDT by YCTHouston
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To: 2ndDivisionVet
There is no hard evidence that Eliot Spitzer was targeted for investigation

End of story. STFU Dershovits.

4 posted on 03/16/2008 2:49:29 AM PDT by RoadKingSE (How do you know that the light at the end of the tunnel isn't a muzzle flash?)
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To: The Raven

>I say Good Riddance

The irony was documented by the same paper’s editorial page the other day. Spitzer used similar tactics on companies and one can say - turnabout is fair play. Then he tried to frame a Republican Senate leader.

It was Spitzer and his tactics that we need to get rid of .....where was Alan when the businessmen needed help?<<

Yeah... if it turns out there were abuses... can we fix them in a different case? Spitzer was abusive of his power and filled with hubris and deserved a downfall.


5 posted on 03/16/2008 2:54:20 AM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: 2ndDivisionVet

Hey... If you live by the sword, occasionally you’ll die by the sword. Spitzer’s bread and butter was busting people just like himself, and using the same methods available to the investigators who nabbed him. But they really haven’t nabbed him yet, because he’s been charged with nothing so far and he may never be charged with any crime.

There were several numbered clients associated with the escort firm, and it is the escort firm that was targeted more so than the clients. There are however, laws against the enabling and solicitation of prostitution on the books in several states including New York.

Mr. Spitzer at the very least, broke those laws and if he isn’t charged with any crime, it will the Prosecutors that he will have to thank for it.

Stupidity brought the man down and Dershowitz is in denial. He refuses to accept that a man who he tutored and who he thought was an intelligent political animal destined to greatness, turned out to be a complete boob when it came to the trait that all real good politicians posses.

Discretion.

Obviously, somebody forgot to teach him that when he was at Harvard.


6 posted on 03/16/2008 2:58:35 AM PDT by jerod (They were pro-abortion, for gun control & wanted a cleaner environment at all cost - The NAZI party)
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To: 2ndDivisionVet
I thought this was about Sonny. None SE Michiganders wouldn't understand.

7 posted on 03/16/2008 2:59:49 AM PDT by Westlander (Unleash the Neutron Bomb)
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To: 2ndDivisionVet
Federal law, if read broadly, criminalizes virtually all sexual encounters for which something of value has been given.

In my day a girl like "Kristen" was worth 1/2 bottle of "Captain Morgan's" and a promise of a trip to "White Castles" (that I'd blow off) afterwards.

What's the statute of limitations here? ; )

8 posted on 03/16/2008 3:14:43 AM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: 2ndDivisionVet

Eliot Spitzer “dusted off” the 1921 Martin Act to go after anyone on Wall Street who opposed him. Up until Spitzer became AG the Martin Act was interpreted very narrowly to apply to shady high-pressure boiler room operations and seriously fraudulent stock scams.

Now, if you go onto Andrew Cuomo’s website you’ll see that he claims the Martin Act gives the New York State AG “sweeping authority” to investigate any securities bought or sold in New York and seek severe criminal and civil penalties.

Any complaints about “dusting off” the Mann Act?

Tough!!!


9 posted on 03/16/2008 3:21:32 AM PDT by joeystoy
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To: 2ndDivisionVet
Image Hosted by ImageShack.us
10 posted on 03/16/2008 3:21:49 AM PDT by mkjessup (This year's presidential choices: "Speak No Evil, See No Evil, and Evil")
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To: 2ndDivisionVet

These are the same, exact tactics Eliot Spitzer used to bring down and destroy the lives of many, many other people.

Pay backs are hell.


11 posted on 03/16/2008 3:28:10 AM PDT by no dems (Barack Obama's Pastor is nuttier than a squirrel turd.)
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To: 2ndDivisionVet
Federal law, if read broadly, criminalizes virtually all sexual encounters for which something of value has been given.

By this reading, then, is an engagement diamond simply a bulk lease?

Years ago, the "Know your Customer" law was attempted. People screamed. Then, it became Anti-terrorism (Drug/Money Laundering/whatever) and it was OK.

12 posted on 03/16/2008 3:29:02 AM PDT by Gorzaloon
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To: 2ndDivisionVet

Dershowitz is an Idiot.


13 posted on 03/16/2008 3:33:38 AM PDT by chatham
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To: 2ndDivisionVet
Federal money-laundering statutes criminalize many entirely legitimate and conventional banking transactions.

Prostitution is illegal and illegitimate.

14 posted on 03/16/2008 3:34:50 AM PDT by Mojave
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To: 2ndDivisionVet

dershitwitz....you can’t entrap someone over 10 years


15 posted on 03/16/2008 3:39:30 AM PDT by The Wizard (DemonRATS: enemies of America)
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To: 2ndDivisionVet

dershitwitz....you can’t entrap someone over 10 years


16 posted on 03/16/2008 3:39:37 AM PDT by The Wizard (DemonRATS: enemies of America)
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To: jerod
I was shocked that the WSJ was defending Spitzer. Until I saw it was Dershowitz.

Unless he's being paid by Spitzer, Dershowitz, as an officer of the court, should be happy that a former prosecutor known for abusive tactics that cost people money and jobs without a shred of evidence, got caught breaking the law in such a hypocritical way.

What "chutzpah" by Dershowitz.

17 posted on 03/16/2008 3:40:47 AM PDT by Calvin Locke
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To: 2ndDivisionVet

This is all political, and New York politics has always been like a knife fight in a phone booth. Spitzer had grown to believe he was invulnerable. What did Gomer Pyle always say? “Surprise, surprise, surprise!” Next story, please.


18 posted on 03/16/2008 3:59:15 AM PDT by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger .....)
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To: 2ndDivisionVet

Not only is Spitzer a personal friend of Dershowitz, he was his chief researcher in the Claus Von Bulow case.

Dershowitz is a brilliant man, but lacks wisdom. No on "entrapped" Eliot - and Dershowitz knows it.

19 posted on 03/16/2008 4:06:55 AM PDT by SkyPilot
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To: 2ndDivisionVet
Well, if Spitzer has been charged for breaking the law, then I'd say that Mr. Dershowitz might have something to say (whether right or wrong). Since I've not heard whether dipstick has been charged, it's just noise to me.

Truth is, there isn't a need to charge him with anything now. He's been convicted in the court of public opinion already, which is exactly where he's been fighting his unethical battles these past years.

20 posted on 03/16/2008 4:10:34 AM PDT by Gaffer
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