Posted by
Michael on Thursday, March 13, 2008 3:39:54 AM
Of all the coverage of Eliot Spitzer's sex gaffe,
the most interesting article I've found came from writer Omar Wasow with the black magazine "The Root:"
March 11, 2008--When a self-righteous
crusader like Eliot Spitzer is caught with his pants down, a lot
of onlookers might feel a tinge of glee to see such hypocrisy
revealed. But the law under which he may be prosecuted, the Mann Act,
is a relic that should give pause to anyone looking to hold Spitzer
accountable in court on counts of prostitution.
Spitzer, the former TIME magazine "Crusader of the Year," who has previously directed his righteous fury at "high-end prostitution rings" and "sex tourism,"
now looks to be another law-breaking John stung by wiretaps, bank
disclosures, and his own hubris and stupidity. Two big questions loom:
will he resign and will he serve time?
On the latter question,The New York Times
reported that Spitzer might be charged, like the four "ringleaders" of
Emperors Club VIP, under the Mann Act. The nearly century-old law
prohibits transporting across state lines "a woman or girl for the
purpose of prostitution or debauchery, or for any other immoral
purpose."
The history of the Mann Act raises serious
questions about the use of federal law enforcement to investigate the
private lives of consenting adults. Amid early twentieth century media
hysteria and a moral panic about white farm girls being lured into
cities and forced into prostitution, progressive Illinois Congressman
James Robert Mann sponsored the White-Slave Traffic Act. Against the
wishes of states' rights advocates, the legislation federalized vice
crimes that had previously been the purview of local law enforcement.
Though
primarily intended to fight prostitution, the Act substantially
expanded the scope of the Federal Bureau of Investigation and soon
became the starting point for a wide-range of cases, including many
against consenting but unmarried couples. The first person prosecuted
under the law was legendary boxer Jack Johnson.
Long
before special prosecutors like Ken Starr came along, the Mann Act made
fishing expeditions into private sex lives a common and controversial
part of federal law enforcement.