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-The Five Spot

Wednesday, November 19, 2008

jacked up jurisprudence

I’ve been quietly seething inside. Irritated in fact-- that the former Governor of New York, Eliot Spitzer, is free as a fucking bird. No charges will be levied against him. Somebody call Patrick Fitzgerald ‘cuz this is an abomination. You can’t be serious, and the wack claim that he didn’t use public funds to fund his trysts (that’s a nice way of putting it) thereby being lack of merit to prosecute is bullshit! Oh, I can count the ways...

See, the US Government has this duality going on about when to prosecute the violator or the facilitator of the violation and the Government’s lack of consistency is truly what has me vexed. Classic example: war on drugs – the judicial system has a proclivity towards the addicts or users of drugs and yet the distributor/dealer doesn’t necessarily share the same fate as the addict in terms of punishment. Back to my original story

And to know the DC Madam committed suicide, who can blame her? The fact is she would have undoubtedly served time and been shooed away to prison, while Spitzer could reclaim his life again. Clearly, this is a double standard. What is really rubbin’ me the wrong way is my belief that the government decision is motivated by gender. I believe the government’s zeal in prosecuting Deborah Jeane Palfrey was motivated by gender. And I believe the lack of applying the same zeal to prosecute Eliot Spitzer is being motivated by gender. Here are the stupid ass reasons that warrant charges are not be levied against Spitzer:

“We have determined that there is insufficient evidence to bring charges against Mr. Spitzer,” Mr. Garcia [US Attorney in Manhattan] said in the statement. “In light of the policy of the Department of Justice with respect to prostitution offenses and the longstanding practice of this office, as well as Mr. Spitzer’s acceptance of responsibility for his conduct, we have concluded that the public interest would not be further advanced by filing criminal charges in this matter.” ...

Several people briefed on the case said that in recent months, Mr. Spitzer’s team of lawyers made several presentations to prosecutors from the Public Corruption unit in Mr. Garcia’s office and their superiors to argue against charges.

The presentations, they said, focused on the defense team’s argument that no campaign money or state funds were involved, that Mr. Spitzer did not illegally structure the transactions to pay the prostitutes, and that charges were not warranted under the Mann Act, which prohibits transporting people across state lines for the purpose of prostitution.


And unfortunately for Ms. Tania Hollander, who worked part-time as a booker for the Madam's company, her fate may not be as rosy as Mr. Sptizer.

Michael C. Farkas, who represents Tania Hollander, who worked part time as a booker for the Emperor’s Club V.I.P. and pleaded guilty to a federal prostitution conspiracy charge in August, suggested it was unfair that Mr. Spitzer would face no charges while his client faced possible jail time. Mr. Farkas said Ms. Hollander had played the smallest role of the four people charged.

“Tania Hollander has also ‘accepted responsibility’ for and ‘acknowledged’ her very minor role in this enterprise to the U.S. attorney’s office since the earliest stages of this case,” Mr. Farkas said in an e-mail message. “She has offered her full cooperation as well. Despite these facts, she still faces a jail sentence, while some other more infamous actors in this matter do not. It would be a sad injustice if that were to occur.” <source NY Times>

I swear,women need to form a pac (yes, pun intended) and stick together 'cuz this is for the birds.

C'est la vie!?!


cheers,

Bellini





6 comments:

Torrance Stephens - All-Mi-T said...

thats the way of the world

earth, wind & fire

cinco said...

The embodiement of white priviledge. Kilpatrick should have taken some lessons.

Just because he has money to pay for his nonsence doesn't mean he should get a free get out of jail card.

Jarrod Halsey said...

Um I don't get it. It's not illegal to admit to hiring prostitutes so what exactly do you want him to go to jail for?

Bellini said...

@torrance-- i'm so mad at you, but you quoted the Elements--so i'm gotta let you slide (lol)

@ cinco--hmmmm...white priviledge? except the DC Madam is white, too... i think i'm spot on about the role gender is playin'

@Jarrod Halsey: you're right, but that's not my issue--the lack of zeal for prosecuting Spitzer (trust me if Fitzgerald was on it-- the case would have had a different flavor; there would have been an indictment on some punishable offense)

@ ladies-- pretty mum today --is it indifference or deep rumination?

Rum Punch said...

Bellini - You and these big words! Well I hadn't really focused on the gender portion of the whole thing. But I think you brought up some good points. I just finished 1,000 Splendid Suns (excellent!) and this was a saying that was quoted a few times: Like a compass needle that points north, a man's accusing finger always finds a woman. Now ain't that the truth. I think Torrance said it plain and simple, that's the way of the world and it's unfortunate that in the end it's the woman who has to pay the price. And I'm down w/ forming that PAC! :-)

Bellini said...

@Rum Punch -- silly nilly, it's use or lose-- if we don't use the vocabulary we've acquired over the years we'll lose it (simple as that)...as for that PAC we need to kick that thing off for 09!