August 26, 2008

The Good Ole Elastic Claws

The NYT reports:
A woman who worked as a part-time booker for the escort service that the authorities say was patronized by Eliot Spitzer pleaded guilty on Monday to a conspiracy charge.
A part-time booker for victimless crimes. From Tanya Hollander's confession:
...by continuing to work for QAT Consulting in this capacity, through to approximately March 6, 2008, I caused to be used facilities in interstate commerce which facilitated the carrying on of an unlawful activity, namely a business enterprise involving prostitution offenses.
Let's repeat:
...I caused to be used facilities in interstate commerce which facilitated the carrying on of...prostitution offenses.
A regular Dillinger, this woman!

Hopefully the judge will have the common sense to give Hollander a slap on the wrist and let her go. Unfortunately, the American Gulag is always looking for bodies. Michael Farkas is Hollander's lawyer:
Mr. Farkas said after court that Ms. Hollander had also offered her assistance, but that prosecutors “did not see fit to offer her a cooperation agreement.”
And there are always prosecutors looking to pad their stats. Of course, it's possible that there is material prejudicial to Hollander that did not make it into the news reports; it's possible that the prosecution recommended a lesser penalty than jail time but the Times did not report it. Nevertheless:
...I caused to be used facilities in interstate commerce which facilitated the carrying on of...prostitution offenses.
Maybe the legislators who are busy manufacturing crimes should create an elastic offense called abuse of prosecutorial discretion (willful or negligent).

Update 20100927. As it happens, Holder did not go to jail. She was put on probation; the prosecution had requested a sentence of six months of home confinement.

Afaik such common sense from the bench and the prosecutors does not always happen.

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