If he is guilty of any crime then charge him. If there is a charge that you can convict him on, then do it. This is part and part of the problem and why politician continue to do what they think they can get away with.

From now on we have got to throw the book at all of them. It is the only way to ever stop this insidious abuse of the office and the public trust.

Investigators split on charging Spitzer with crimes

While stressing that the investigation is in its early stages, prosecutors and investigators in the Southern District are split on whether to charge Gov. Eliot Spitzer with any substantive crimes that might lead to jail time in connection with his involvement in a prostitution ring, according to several sources familiar with the situation.

Federal investigators are going over Spitzer’s overall finances to determine what, if any charges the soon-to-be ex- New York governor might face. Among the possibilities are money laundering, structuring (breaking transactions into smaller amounts to avoid currency rules), or fraudulent use of public or private funds, the sources said.

For example, investigators are looking into whether he used any public or campaign funds or services to pay for or facilitate any illegal activities, including hiring prostitutes, the sources said. An affidavit filed in federal court as part of the investigation into the prostitution ring details what is said to be his use of personal bank funds to pay for prostitutes.

From the point of view of leniency, some investigators argue that the loss of the governorship and the humiliation that goes with his downfall might be sufficient punishment, the sources said.

In that event, Spitzer, who announced his resignation Wednesday, probably would plead to a minor charge, a misdemeanor or a low-level felony for which he would almost be guaranteed no jail time, they said. For example, pleading to a charge of structuring a small amount of money, say $5,000, would result in a felony conviction but no prison time, a source said.

The contrary argument goes that a prominent public official, who was the chief law enforcement officer of a state, should have to face some prison time to set a public example, the sources said.
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