Legal News

Garcia Defends Decision Not to Charge Spitzer

By Dan Slater

U.S. Attorney Michael Garcia comments on the indictment of former New York City police Commissioner Bernard Kerik, who pleaded not guilty to federal corruption charges, Nov. 9, 2007. (AP/Julie Jacobson)

Michael J. Garcia, who yesterday resigned from his post as the U.S. Attorney for the Southern District of New York, made corruption a top priority. But, as today’s New York Times suggests, the case that perhaps drew the most attention was the one he didn’t bring.

“I think at the end of the day that decision is the right decision,” Garcia told the NYT, referring to his decision, made two weeks ago, not to bring charges against former New York Governor Eliot Spitzer. “And it’s justice in that case,” he added. “And I stand by it.” Garcia, 47, will leave office on December 1 and head to Kirkland & Ellis. He’ll be succeeded — at least temporarily — by his deputy, Lev L. Dassin, 43.

In the interview with the Times, Garcia said that although there was evidence that Spitzer violated the Mann Act, which prohibits transporting people across state lines for the purpose of prostitution, there were none of the other factors that traditionally weighed in favor of bringing charges, like the use of juvenile prostitutes, or commercial or other exploitation of them.

Garcia said he disagreed with critics who suggested that the decision “gives a free pass to human trafficking.” He said that criticism was “not accurate if you look at the history of the cases we’ve done.” Garcia, says the Times, cited situations in which the office had charged people in Mann Act cases, and in which extra factors, such as the use of juvenile prostitutes, weighed in favor of that.

Full post as published by Law Blog - WSJ.com on November 18, 2008 (boomark / email).