When Eliot Spitzer stood before
the stunned press corps on Monday to make a brief apology for his
misconduct, he spoke of “real change,” of trying to “uphold a vision of
progressive politics that would rebuild New York and create opportunity
for all,” of “ideas, (and) the public good.” If the governor actually
believes in any of those things, he will be the former governor by the
time these words appear (or, as soon as he can exchange his resignation
for a favorable plea bargain, whichever comes first).
It is
painful to watch Spitzer’s fall because the potential he represented
was once so inspiring. Blessed with a privileged upbringing, he seemed
to feel a duty to serve. Armed with the confidence of the elite
achiever, he dared to challenge the powerful, including major business
interests and right-wing ideologues, in defense of the public interest.
Lionized by voters who sent him to Albany with a mandate, he invited
comparison to great New Yorkers who changed the nation during the past
century, such as Louis D. Brandeis and the Roosevelts,
Theodore and Franklin. Now all that is gone, with nothing left but
gossip.
As Spitzer himself surely understands, this humiliating matter
has little to do with prostitution as a social and political issue, or
whether consenting sexual relations between adults should be
criminalized. For now, the world’s oldest profession is illegal in New
York State and in the District of Columbia, where he evidently
committed his offenses. Even if he escapes indictment like most
“johns,” he has forfeited the confidence of the public, destroyed his
upright reputation and ruined his opportunity to govern. This betrayal
was not a victimless crime.
The circumstances of the
investigation that led to Spitzer’s exposure are also irrelevant to his
fate, although how he came to the attention of federal prosecutors is a
question that should be answered more fully.
The Justice Department’s record under the Bush regime inevitably raises suspicions now, whenever federal prosecutors investigate a Democratic official, because the White House has so badly abused the law for political purposes. Don Siegelman, a former Democratic governor in Alabama, was sent to prison on transparently inflated charges, using flawed evidence, at the behest of Republicans in Birmingham, Ala., and Washington. Partisan minions in the Justice Department fired a posse of United States attorneys precisely because they rejected that brand of political abuse.
Unfortunately, it is not difficult to imagine that same Justice
Department targeting the New York governor, a rising Democrat with an
unlimited future, who had antagonized Republican officeholders and
donors. Press accounts of how the Spitzer investigation began are not
entirely satisfactory, either. The amounts of money he transferred do
not seem to meet the threshold for “structuring,” which is jargon for
cash transfers designed to evade taxation and other laws.
By
this point, every public integrity indictment brought by the Bush
Justice Department demands to be investigated itself. But the Spitzer
and Siegelman cases are different in one crucial respect. The latter
insists plausibly that he is an inno- cent man who was railroaded by
political enemies. The former admits that he violated the law and the
public’s trust.
Already Finished
The
hard truth about Spitzer is that he began to squander his potential
long before this final episode in his career. Rather than surprise his
critics by tempering the volcanic temper and bullying style that seemed
to be his worst traits, he amplified those flaws as governor. Instead
of arguing for progressive reform against those who sought to frustrate
him, he and his aides looked for devious ways to undermine his
opponents, which backfired on them.
He spent most of the first
year of his term digging himself into a deep hole, failing to achieve
his goals and falling in the polls. But nobody observing his public
conduct could see that in his secret life, he had already buried his
brilliant career and fine aspirations.
The political forces
celebrating that burial—from the Republican leadership in Albany and
Washington to the private dining rooms of Wall Street—are not so
concerned with public probity or personal morality. The validity of the
agenda Spitzer articulated so ardently and persuasively is not
diminished by his personal failure. He symbolized a New York tradition
that emphasizes the values of fairness and opportunity, and of
effective government that stands up for the people against predators
and malefactors. We may hope that his successor will have the courage
to retrieve that fallen standard.
© 2008 Creators Syndicate Inc. What’s your take? Write: editor@shepex.com.
MrRight0
Yesterday, I summarized my claim that courts should use the presence or absence of minority voice as an important guide to the adjudication of claims of minority shareholder oppression. My proposal runs counter to what seems to be the prevailing academic view, which is that we should simply make [...]