Like many of us, I have followed closely the Elliot Spitzer saga with sadness, fascination, and amazement. My quick two cents: I think what Elliot Spitzer did was awful and I think he no longer has the moral authority to lead New York. The hypocrisy is just stunning. The irony is I don’t think most Americans believe what Elliot Spitzer did should send him to jail but he does (oh, unless, Elliot Spitzer is the defendant.)
But I think it is also insane to suggest, as the Associated Press reported some are, that Spitzer should be disbarred or his license to practice law should be suspended. The standard to be governor of the state of New York is different from the ability to participate in the livelihood of practicing law.
Lawyers who commit (relatively) victimless crimes should be prosecuted because, as Elliot Spitzer knows full well, you cannot pick the laws that you choose to follow (at least the ones that are not unconscionable, which pretty much includes every enforced law in this country). But they ought to be allowed to keep their jobs. It is also worth noting that no one would suggest that a doctor should no longer practice medicine for sleeping with prostitute.
What an incredible irony it would be if Elliot Spitzer was suspended or disbarred for sleeping with a prostitute when we do not suspend or disbar lawyers who drink and drive and put innocent children at risk.