Michael Garcia and the Political Hit Job on Eliot Spitzer
Remember back when the Eliot Spitzer scandal hit, I kept carping about how I didn’t see an indictable crime among the information publicly available? I even did a timeline for Marcy. I pointed out that the money transfers as they were described in the press did not violate any federal money laundering statutes.
Further, although the hooker did travel across state lines and there was therefore the possibility of a technical violation of the Mann Act, the US Attorney’s Manual did not allow Mann Act prosecutions without some other aggravating factor such as human trafficking, child prostitution or kidnapping–none of which were features in the Spitzer case.
Well guess what? and how funny is it that he waited until right after the Election Day to notice this?
USA SDNY Michael Garcia has decided that he agrees with me. Yup. No prosecutable crime.
Breaking News Alert
The New York Times
Thursday, November 6, 2008 — 3:15 PM ET
Eliot Spitzer Will Not Be Charged in Prostitution Case
Michael J. Garcia, the U.S. attorney in Manhattan, announced
that no federal charges will be filed against former Gov.
Garcia took down a duly elected Governor, creating a situation where the GOP’s Joe Bruno became not only NYS Senate Majority leader, but acting Lt. Gov. (creating a potential NYS Constitutional crisis b/c NYS Constitution requires Gov and Lt Gov to run on a single ticket–you cannot vote for them separately, so there is a presumption that they MUST be from the same party), allowed the leak of Grand Jury information and all for something it took me less than an hour of legal research to figure out he could not prosecute!
Up until today, I gave Garcia the benefit of the doubt and assumed that there must be some non-public information that led him to believe he could have a case against Spitzer. Looks like that assumption was naive and overly trusting. I guess I just could not bring myself to believe that the taint had spread to the hallowed halls of SDNY.
Remember during the US Attorney firing scandal we wondered what the other USA’s might have done to KEEP their jobs. Well, that question has been answered in SDNY–all he had to do was be a political hit man for Karl Rove and Joe Bruno.