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	<title>Comments on: Republicans Uncork A Fine Whine Spitzer</title>
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	<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/</link>
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		<title>By: readerOfTeaLeaves</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-2/#comment-58030</link>
		<dc:creator>readerOfTeaLeaves</dc:creator>
		<pubDate>Wed, 12 Mar 2008 17:54:09 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-58030</guid>
		<description>&lt;p&gt;Pete, can’t wait to check those links out later.&lt;/p&gt;
&lt;p&gt;Meanwhile, I found some interesting facts related to orionATL’s comment last night, from a copy of “Fall of the House  of Bush” by Craig Unger.  Will hope to toss the relevant info up, but much later today…. perhaps this pm.&lt;/p&gt;
&lt;p&gt;sailmaker - sailing sounds infinitely more sane than anything related to DEC VAX (which I think that I can envision what you reference, though not sure I’m accurate… sounds vacuum-toobish  &lt;br /&gt;
Sailing definitely trumps the long waits…&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Pete, can’t wait to check those links out later.</p>
<p>Meanwhile, I found some interesting facts related to orionATL’s comment last night, from a copy of “Fall of the House  of Bush” by Craig Unger.  Will hope to toss the relevant info up, but much later today…. perhaps this pm.</p>
<p>sailmaker &#8211; sailing sounds infinitely more sane than anything related to DEC VAX (which I think that I can envision what you reference, though not sure I’m accurate… sounds vacuum-toobish  <br />
Sailing definitely trumps the long waits…</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-2/#comment-57990</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Wed, 12 Mar 2008 15:50:49 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57990</guid>
		<description>&lt;p&gt;You’d  have to look at the&lt;strong&gt; &lt;a href=&quot;http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/index.html&quot; rel=&quot;nofollow&quot;&gt;US Attorney’s Manual&lt;/a&gt;&lt;/strong&gt; or perhaps &lt;strong&gt;&lt;a href=&quot;http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title3/usa00000.htm&quot; rel=&quot;nofollow&quot;&gt;EOUSA Resource Manual&lt;/a&gt;&lt;/strong&gt; for possible guideline violations.  No NY or federal statute per se was violaged, unless of course it could be proved that the source of the investigation were an illegal wiretap or use of the SWIFT data base which is a very gray area that Mary analyzed well above.&lt;/p&gt;
&lt;p&gt;The government got what they wanted.  The media is following Spitzer’s limo to his resignation the way they followed OJ, Martha Stewart, and Britney.  They have officially Britenyized the Democratic Governor of New York.&lt;/p&gt;
&lt;p&gt;Ethically this reeks and this was obviously done in a way to bring Spitzer down. They used a direct complaint instead of an indictment, so no Rule 6(e) Grand Jury secrecy rules  (often broken by the government who leaks all the time anyway when it’s to their advantage).  DOJ personnel aren’t and have never been worried about punishment. Contrary to what their alumna at FDL will say, the fact is that they fought vigorously for any adherence to local bar rules, and got a huge modification buried in of all things the 450 pages of the Patriot Act in 2001.  I documented that at FDL and it got ignored, of course by the two former AUSAs there when I did it.  They clucked that of course they are under the rules of the local bar.  The fact is they have to be members of the local bar and pass the exam, but they are exempted from all but the most basic dicipline for say not paying dues regularly thanks to a provision they fought to get into the Patriot Act that Leahy agreed to back then. I documented this a couple weeks ago at FDL.&lt;/p&gt;
&lt;p&gt;The government would defend any attempt at discovering how they actually got the information in the first place with a State Secrets argument.  They have a front story that is extremely shaky along the lines of a standard IT interception  as outlined below:&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://blogs.zdnet.com/projectfailures/?p=643&quot; rel=&quot;nofollow&quot;&gt;Eliot Spitzer’s Software Nightmare&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://blogs.zdnet.com/BTL/?p=8211&quot; rel=&quot;nofollow&quot;&gt;How an information system helped nail Eliot Spitzer and a prostitution ring&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://www.fincen.gov/&quot; rel=&quot;nofollow&quot;&gt;&lt;br /&gt;
Financial Crimes Enforcement Network&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;
&lt;p&gt;&lt;strong&gt;&lt;a href=&quot;http://www.fincen.gov/sars/sar_by_numb_09.pdf&quot; rel=&quot;nofollow&quot;&gt;SAR Activity Review By the Numbers&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>You’d  have to look at the<strong> <a href="http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/index.html" rel="nofollow">US Attorney’s Manual</a></strong> or perhaps <strong><a href="http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title3/usa00000.htm" rel="nofollow">EOUSA Resource Manual</a></strong> for possible guideline violations.  No NY or federal statute per se was violaged, unless of course it could be proved that the source of the investigation were an illegal wiretap or use of the SWIFT data base which is a very gray area that Mary analyzed well above.</p>
<p>The government got what they wanted.  The media is following Spitzer’s limo to his resignation the way they followed OJ, Martha Stewart, and Britney.  They have officially Britenyized the Democratic Governor of New York.</p>
<p>Ethically this reeks and this was obviously done in a way to bring Spitzer down. They used a direct complaint instead of an indictment, so no Rule 6(e) Grand Jury secrecy rules  (often broken by the government who leaks all the time anyway when it’s to their advantage).  DOJ personnel aren’t and have never been worried about punishment. Contrary to what their alumna at FDL will say, the fact is that they fought vigorously for any adherence to local bar rules, and got a huge modification buried in of all things the 450 pages of the Patriot Act in 2001.  I documented that at FDL and it got ignored, of course by the two former AUSAs there when I did it.  They clucked that of course they are under the rules of the local bar.  The fact is they have to be members of the local bar and pass the exam, but they are exempted from all but the most basic dicipline for say not paying dues regularly thanks to a provision they fought to get into the Patriot Act that Leahy agreed to back then. I documented this a couple weeks ago at FDL.</p>
<p>The government would defend any attempt at discovering how they actually got the information in the first place with a State Secrets argument.  They have a front story that is extremely shaky along the lines of a standard IT interception  as outlined below:</p>
<p><strong><a href="http://blogs.zdnet.com/projectfailures/?p=643" rel="nofollow">Eliot Spitzer’s Software Nightmare</a></strong></p>
<p><strong><a href="http://blogs.zdnet.com/BTL/?p=8211" rel="nofollow">How an information system helped nail Eliot Spitzer and a prostitution ring</a></strong></p>
<p><strong><a href="http://www.fincen.gov/" rel="nofollow"><br />
Financial Crimes Enforcement Network</a></strong></p>
<p><strong><a href="http://www.fincen.gov/sars/sar_by_numb_09.pdf" rel="nofollow">SAR Activity Review By the Numbers</a></strong></p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-2/#comment-57988</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Wed, 12 Mar 2008 15:24:50 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57988</guid>
		<description>&lt;p&gt;Well, as scummy as Craig is, I firmly maintain that the arrest and prosecution of him was totally bogus and unconstitutional.  It deserves to be overturned on appeal.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Well, as scummy as Craig is, I firmly maintain that the arrest and prosecution of him was totally bogus and unconstitutional.  It deserves to be overturned on appeal.</p>
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		<title>By: DefendOurConstitution</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-2/#comment-57984</link>
		<dc:creator>DefendOurConstitution</dc:creator>
		<pubDate>Wed, 12 Mar 2008 14:16:27 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57984</guid>
		<description>&lt;p&gt;Spitzer screwed up. ROYALLY! I think by resigning he would be doing the right thing. Yet it amazes me that Republican calls for resignation and impeachment came so soon - unlike with Larry Craig, David Vitter et al. &lt;/p&gt;
&lt;p&gt;There is a lesson in this, Democrats think that it’s good to let the Rs sort these things out yet the minute it is a D the clamor from Rs is huge. Democrats can’t just sit there next time, and must demand resignations any time Rs are involved in scandal; otherwise they risk letting them off the hook like Vitter and Craig) so that when the shoe is on the other foot the same Rs they let off the hook will screw them.&lt;/p&gt;
&lt;p&gt;Related to this, isn’t it great that Larry Craig is appealing to the Minnesota Court of Appeals? Hopefully he will do so from now to the election. There have to be pictures of McCain with Craig. Yes we have to fight fire with fire.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Spitzer screwed up. ROYALLY! I think by resigning he would be doing the right thing. Yet it amazes me that Republican calls for resignation and impeachment came so soon &#8211; unlike with Larry Craig, David Vitter et al. </p>
<p>There is a lesson in this, Democrats think that it’s good to let the Rs sort these things out yet the minute it is a D the clamor from Rs is huge. Democrats can’t just sit there next time, and must demand resignations any time Rs are involved in scandal; otherwise they risk letting them off the hook like Vitter and Craig) so that when the shoe is on the other foot the same Rs they let off the hook will screw them.</p>
<p>Related to this, isn’t it great that Larry Craig is appealing to the Minnesota Court of Appeals? Hopefully he will do so from now to the election. There have to be pictures of McCain with Craig. Yes we have to fight fire with fire.</p>
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		<title>By: realworld</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-1/#comment-57983</link>
		<dc:creator>realworld</dc:creator>
		<pubDate>Wed, 12 Mar 2008 12:35:57 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57983</guid>
		<description>&lt;p&gt;Has anyone identified the statutes that leaking the Spitzer information violated? Are any of them NY statutes? Would the NY AG have jurisdiction to begin an investigation of the relevant DOJ offices?&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Has anyone identified the statutes that leaking the Spitzer information violated? Are any of them NY statutes? Would the NY AG have jurisdiction to begin an investigation of the relevant DOJ offices?</p>
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		<title>By: prostratedragon</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-1/#comment-57982</link>
		<dc:creator>prostratedragon</dc:creator>
		<pubDate>Wed, 12 Mar 2008 12:14:38 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57982</guid>
		<description>&lt;p&gt;Kerystemighty! And the campaigns are not getting anywhere near where matters like this could be raised with the candidates and put before the public. There has to be a way to get out there issues like this that are more detailed than say, “Bush &amp; Cheney Have Damaged the U.S. International Prestige,” somewhere that a Frontline-sized audience might hear about it maybe, and quiz the candidates on it so they’d have to say something more than “But I Will Restore it.”&lt;/p&gt;
&lt;p&gt;Maybe something like “5 Ways Bush-Cheney Have Damaged the U.S. International Prestige,” with examples like SWIFT, the human rights problems, etc. Certainly if there’s ever another call for debate questions we should be ready to barrage the site with them. Might lead somewhere, and anyway the eye-glaze index alone would be worth it.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Kerystemighty! And the campaigns are not getting anywhere near where matters like this could be raised with the candidates and put before the public. There has to be a way to get out there issues like this that are more detailed than say, “Bush &amp; Cheney Have Damaged the U.S. International Prestige,” somewhere that a Frontline-sized audience might hear about it maybe, and quiz the candidates on it so they’d have to say something more than “But I Will Restore it.”</p>
<p>Maybe something like “5 Ways Bush-Cheney Have Damaged the U.S. International Prestige,” with examples like SWIFT, the human rights problems, etc. Certainly if there’s ever another call for debate questions we should be ready to barrage the site with them. Might lead somewhere, and anyway the eye-glaze index alone would be worth it.</p>
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		<title>By: sailmaker</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-1/#comment-57975</link>
		<dc:creator>sailmaker</dc:creator>
		<pubDate>Wed, 12 Mar 2008 07:52:41 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57975</guid>
		<description>&lt;p&gt;My nightmare is having to do assembler language on a DEC VAX with an evil ‘editor’ called TECO, where each character was a macro command. While waiting for _____ (something, coffee, lunch, 1/0 on some other machine, something) we would do stupid stuff like type our names in just to see what TECO would do with them. Made one want to go sailing.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>My nightmare is having to do assembler language on a DEC VAX with an evil ‘editor’ called TECO, where each character was a macro command. While waiting for _____ (something, coffee, lunch, 1/0 on some other machine, something) we would do stupid stuff like type our names in just to see what TECO would do with them. Made one want to go sailing.</p>
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		<title>By: bmaz</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-1/#comment-57973</link>
		<dc:creator>bmaz</dc:creator>
		<pubDate>Wed, 12 Mar 2008 07:06:04 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57973</guid>
		<description>&lt;p&gt;No idea on the last thought; maybe, but probably just the usual press sloppiness when it comes to the criminal justice process.  As to the part about using Emperor’s Club personnel in the final sting on Spitzer, I think there is a fair chance that is correct.  A real fair chance.  I am going to do another post on Spitzer, I’ll try to remember to address that a little.  Here is the lovely kicker to that thought though; if true, the Feds probably gave said Emperor’s personnel a walk on charges, far more serious than anything they could possibly charge Spitzer on, in order to get their cooperation.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>No idea on the last thought; maybe, but probably just the usual press sloppiness when it comes to the criminal justice process.  As to the part about using Emperor’s Club personnel in the final sting on Spitzer, I think there is a fair chance that is correct.  A real fair chance.  I am going to do another post on Spitzer, I’ll try to remember to address that a little.  Here is the lovely kicker to that thought though; if true, the Feds probably gave said Emperor’s personnel a walk on charges, far more serious than anything they could possibly charge Spitzer on, in order to get their cooperation.</p>
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		<title>By: PetePierce</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-1/#comment-57972</link>
		<dc:creator>PetePierce</dc:creator>
		<pubDate>Wed, 12 Mar 2008 07:04:26 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57972</guid>
		<description>&lt;blockquote&gt;&lt;p&gt;if i were spitzer i would not resign without a fight.&lt;/p&gt;&lt;/blockquote&gt;
&lt;p&gt;Spitzer’s lead defense attorney in this matter is &lt;strong&gt;&lt;a href=&quot;http://www.paulweiss.com/lawyers/detail.aspx?attorney=719&quot; rel=&quot;nofollow&quot;&gt;Michele Hirshman.&lt;/a&gt;&lt;/strong&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>if i were spitzer i would not resign without a fight.</p>
</blockquote>
<p>Spitzer’s lead defense attorney in this matter is <strong><a href="http://www.paulweiss.com/lawyers/detail.aspx?attorney=719" rel="nofollow">Michele Hirshman.</a></strong></p>
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		<title>By: pdaly</title>
		<link>http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/comment-page-1/#comment-57971</link>
		<dc:creator>pdaly</dc:creator>
		<pubDate>Wed, 12 Mar 2008 06:30:10 +0000</pubDate>
		<guid isPermaLink="false">http://emptywheel.firedoglake.com/2008/03/11/republicans-uncork-a-fine-whine-spitzer/#comment-57971</guid>
		<description>&lt;p&gt;I have an off topic thought based on this OT comment, which may &lt;em&gt;almost &lt;/em&gt;bring us back on topic.&lt;/p&gt;
&lt;p&gt;In a book on Pathagoras I read the ancient Greeks believed ‘3′ was the first real number, and that One and Two were not numbers but rather “number creators.” Pathagoras regarded “the One” as good and the source of the finite, and &lt;strong&gt;‘two’ as the dyad or evil demon &lt;/strong&gt;and source of the infinite. (I think zero was evil, too, or somehow against the gods so zero was not discussed in polite conversation.)&lt;/p&gt;
&lt;p&gt;So to summarize, I guess two is evil and three is a good starting point… for whatever that’s worth. Now back to Spitzer and the politicization of the DoJ.&lt;/p&gt;
&lt;p&gt;Did anyone else think the two Club professionals were needlessly talkative on the phone regarding client 9’s arrangements? For a prostitution ring that billed itself as discrete, they seemed to be going out of their way to mention crossing state lines, paying for service, etc–almost as if reading from a script.&lt;/p&gt;
&lt;p&gt;Another thought: when the news first broke, I thought from the wording of the headlines that Spitzer was accused of running an international prostitution ring. It was a while before I heard any mention that he was a possible john in the whole scenario. Wondering now if that first impression was the intent by the media–or just their way of avoiding blurting out the fact that someone close to investigation leaked client 9’s identity.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I have an off topic thought based on this OT comment, which may <em>almost </em>bring us back on topic.</p>
<p>In a book on Pathagoras I read the ancient Greeks believed ‘3′ was the first real number, and that One and Two were not numbers but rather “number creators.” Pathagoras regarded “the One” as good and the source of the finite, and <strong>‘two’ as the dyad or evil demon </strong>and source of the infinite. (I think zero was evil, too, or somehow against the gods so zero was not discussed in polite conversation.)</p>
<p>So to summarize, I guess two is evil and three is a good starting point… for whatever that’s worth. Now back to Spitzer and the politicization of the DoJ.</p>
<p>Did anyone else think the two Club professionals were needlessly talkative on the phone regarding client 9’s arrangements? For a prostitution ring that billed itself as discrete, they seemed to be going out of their way to mention crossing state lines, paying for service, etc–almost as if reading from a script.</p>
<p>Another thought: when the news first broke, I thought from the wording of the headlines that Spitzer was accused of running an international prostitution ring. It was a while before I heard any mention that he was a possible john in the whole scenario. Wondering now if that first impression was the intent by the media–or just their way of avoiding blurting out the fact that someone close to investigation leaked client 9’s identity.</p>
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