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Rough Justice: The Rise and Fall of Eliot Spitzer

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Eliot Spitzer provided us newspaper readers with a juicy story - upmarket politician gets caught with upmarket hooker - for a couple of weeks in 2008. There were legal papers that clocked the movements and telephone calls of `Client #9,' with engrossing specificity, as he prepared for assignations with the alluring Ashley Dupree. There were funny details, like his reluctance to take off his calf-hugging black socks during intercourse (unlikely, it turns out). There were those memorable pictures of Ashley unclothed, over pages and pages of the New York Post. More than anything, there was the enduring irony of a man who built a political career on sterling ethics, who presented himself as all goody-two-shoes while he bulldozed sleazy Wall Street practices, getting his ultimate come-down from such a tawdry kind of lawbreaking.

The Spitzer story may have seemed like daily news fodder when it broke. But there was a deeper story here. Peter Elkind, a financial reporter who wrote a good book about the Enron debacle, now makes a fine case for taking the time to go back to the beginning and scope out the whole tale. Spitzer was an iconoclastic, caustic politician. He came out of an intense upper-crust New York family with a superhuman need to succeed. Early on, he was an unlikely politician - awkward, impatient, arrogant. He found his calling as the state's Attorney General, attacking financial practices that everyone thought were untouchable. If he was overzealous and stubborn and unreasonable, voters didn't care. The public hunger for a political leader who could Get Things Done pushed his popularity ever upward. He coasted to victory as Governor. There was talk, and not a small amount, of a first Jewish President.

We like to watch them climb, and man, do we love to see them fall. Elkind covers the bumpy governorship well. He carefully tracks the origins of the Empress Club V.I.P. He explains the sequences of discovery by the media with knowing skill. The one mystery he cannot crack is who fed the Feds the original, critical tip that started their investigation that intentionally targeted Spitzer. There are obvious candidates - Hank Greenberg, Ken Langone, Dick Grasso - but no resolution here. Elkind judges evidence well, and is straightforward about what he could not decipher, and that makes his account stronger. Spitzer himself cooperated with Elkind, talking at length. But he's so allergic to introspection that I was left wondering, and still intrigued, what actually made him do it.

I did not have a big prior interest in Eliot Spitzer, and he was barely on my radar screen when his career imploded so spectacularly. However, it does get my attention when someone engages in such amazing self-destructivness, so I ordered the book. Normally these biographies which are inspired by one particular event begin with scenes from the event, then go back and do the whole life story -- how his parents met, blah blah blah, and I have to work through those like the meat loaf before I get to the dessert of the real reason for the book. The structure of this book is no different, but Elkind's account of Sptizer's background and rise to power is fascinating. I never thought that I would find much interest in Albany politics, but Elkind's narration is very readable. There is very little salacious detail here, and despite the author's conversations with Spitzer, no attempt to explore why a person in his position would take such huge risks, and the reader can only speculate about the compulsion that Spitzer was operating under. Nonetheless, this was a fast and gripping account of the rise and fall of a man who could have been president.

"Welcome to a Greek tragedy" were Spitzer's words when his scandal with a prostitute became know. The wealthy Governor, living in a $17,000 a month apartment in Manhattan, was the son of a real estate businessman. He had been a famous prosecutor with notable cases against Wall Street operations and even prostitution services. There are some suspicions that his downfall may have been assisted by someone seeking revenge.

Elliot's father, Bernie Spitzer, was quoted as stating "I play to kill" and fought authority throughout his career. His friends state Bernie raised Eliot to be a "warrior". Eliot attended Princeton where he put together a campus-wide toga party in addition to creating the jocular Antarctica Liberation Front. The group though did declare that student participation on university committees were designed to minimize recommendations from students.

Eliot married Silda Wall, who was unhappily married when she met Eliot. Spitzer became a prosecutor who indicted several organized crime leaders. Spitzer used undercover agents, sting operations, and installing listening devices into Gambino crime organization offices. A high profile trial led to a plea bargain when those accused ended their allegedly illegal operations, paid $12 million in fines, and served no prison time. This did cause an immediate crippling change in mob businesses.

Spitzer then spent 18 months in private practice before deciding to run for Attorney General. His wife was surprised he sought public office before their children were grown. His wife gave birth to their third child five days after he announced his candidacy.

Spitzer self-financed his own campaign. He was in a primary against Brooklyn District Attorney Charles Hynes and former State Sen. Karen Burstein. Spitzer, who had never run for office before, was not well know politically. Spitzer insisted the hundreds of temporary employees hired to gather signatures to put him on the ballot all produced, as required under the law, three forms of identification. He insisted his campaign follow all the rules.

Spitzer ran as a centrist, favoring the death penalty and charging more juveniles as adults. His man political asset was his recent prosecutions against organized crime.

Dick Morris, who usually was a political advisor to Republicans but also advised Bill Clinton, was Spitzer's main political advisor. Morris was disliked by many Democrats so his role was mostly kept quiet. Dick Morris is not listed as being a client of Dick Morris on Spitzer's campaign records. Payments were made to consultant Hank Sheinkopf who subcontracted his work, off the record, to Morris. Spitzer financed his own campaign, although some accuse him of receiving money from his father. Spitzer finished fourth in the 1994 Democratic Primary at 18% while spending $3.9 million, or $30 per vote. The primary winner Karen Burstein spent one tenth as much. Burstein, who is openly gay, lost the general election to Dennis Vacco.

Spitzer joined a law firm that let him take time to plan another campaign. He drove 70,000 miles across the state talking over the next four years. He employed former Democratic State Chairman John Marino. Spitzer, his family, and his campaign contributed $300,000 to fellow New York Democrats. Many he assisted later endorsed him for Attorney General. He won the 1998 Attorney General Democratic primary.

Spitzer created the Center for Community Interest, which declared it would defend against "civil liberties demands". Spitzer claimed the political center with such moves. After winning the primary, Spitzer attacked Vacco for removing 140 lawyers with experience and replacing them with people with political connections. Vacco removed a ban against job hiring discrimination against homosexuals. Spitzer accused Vacco of not fighting for consumers. Spitzer ran an TV ad attacking Vacco's Chief Deputy for failing the bar exam seven times.

Dick Morris advised the 1998 Spitzer campaign. He was paid $175,000. The campaign ended with a $12.2 million debt. It was determined that, despite his denials, that some funds he spent on his campaign which he claimed was his money included some funds from family members. The law allows unlimited self-financing but limits funds from others, including family members. Spitzer's aides wanted Spitzer to admit his father was providing the legal limit he could contributed at $353,000. Spitzer declined, preferring not to have people know he was getting financial help from his father. He finally admitted that his family helped before the election. Spitzer narrowly defeated Vacco by 25,186 votes out of 4.3 million votes cast.

Spitzer saw the Attorney General as having a large stake in public interest and combating injustice. Employers not paying the minimum wage were hit with suits. Restaurant hires that discriminated against women were sued. New York City's intention to end over 100 community gardens was halted. His office went after stock manipulators, got Merrill Lynch to settle for a $100 million fine, and they went after other Wall Street manipulators.

Under Spitzer, the Attorney General's offices went after fraud in the mutual fund industry, leading to a 6% reduction in fees that saved investors $1.5 billion.

Spitzer ran for Governor in 2006. Meanwhile, his Attorney General's office investigated American International Group, worth $156 billion, for fraud. The head of AIG, Hank Greenberg and fellow billionaire friend Ken Langone, publically threatened to destroy Spitzer. It was believed that would raise tens of millions of dollars for his political opponent. Opposition research teams researched in search of anything embarrassing against Spitzer. Greenberg's foundation donated $10 million to the New School and its President, former Senator Bob Kerrey, who spoke out publically against Spitzer for attacking Greenberg in the press rather than in court.

The Attorney General's office went after ten large scale prostitution rings, leading to imprisonment of the owner.

Several Harlem political bosses, including Secretary of State Basil Patterson, backed Leela Eve, an attorney, for Lieutenant Governor. Spitzer did not like anyone dictating to him, but he also didn't want to offend the African America community that was partly led by the Harlem bosses. Spitzer instead picked State Sen. David Patterson, Basil's son, as his running mate. Eve withdrew.

Spitzer had a skeleton. He saw high paid prostitutes. Several political opponents sought to find evidence of sexual impropriety but nothing surface during the 2006 campaign. Spitzer won 69.6% of the primary vote and 81% of the general election vote.

The New York legislature is considered dysfunctional. Many state legislative issues were made by agreement between the Republican Senate Majority Leader, the Democratic House Speaker, and the Governor. The legislative leadership directed more legislation and legislative staff hiring. This leadership decided how much in grants each legislator could be awarded to organizations supported by the legislature. Senate Republicans and staff gave themselves 800 Capitol parking spaces while giving Senate Democrats 30 parking spaces. Legislators were not legally required to disclose outside income. Senators were advised to hand deliver their ethics statements rather than mail them to avoid any possible Federal mail fraud charges.

Spitzer distrusted the legislature and told them so. They elected a fellow legislator as State Comptroller over a list of three selected by a panel Spitzer helped create. Spitzer called their actions "a stunning lack of integrity". Spitzer then attacked by name some Democratic legislators who had supported him and canceled a fundraiser for legislative Democrats. Spitzer called for Speaker Sheldon Silver , a Democrat, to disclose his outside income as an attorney. Legislators were very upset and Spitzer in return.

Health care accounted for $46 billion of New York's $120 billion budget. Health care costs were increasing 8% annually. Funding formulas sent funds to underserved hospitals and nursing homes while outpatient clinics and home healthcare were underfunded. The Hospital Association and its labor component SEIU Local 1199 agreed on increasing health care spending. Local 1199 was closely allied with Senate Majority Leader Joseph Bruno, a Republican. Spitzer proposed holding the increase on health care spending to 2%, which meant cutting health care by $1.3 billion. Spitzer then proposed using the funds for health insurance for 400,000 uninsured children, increasing funds to low income school districts, and cutting property taxes.

Bruno and the Republican majority in the Senate sought to scale back the health care costs Spitzer wanted. Silver and the Democratic majority in the House sided towards Spitzer. A compromise was reached that put back $350 million in cuts Spitzer had wanted to hospitals and nursing homes, allowed $1 billion in cuts Spitzer wanted, provided more funds to poorer school districts, and provided $200 million to wealthier school districts in Long Island represented by Republican legislators. The budget increased 7.3%, or twice the inflation rate. The budget process continued being negotiated in private, angering groups that had hoped Spitzer would deliver on his promise to open the negotiations for public review.

Spitzer proposed lowering the $55.800 limit a donor could contribute to a statewide candidate. This was the nation's highest state limit. Spitzer publicly criticized the legislature for pork spending projects. He attacked
Senators when they missed meetings. The legislature, in return, increased its opposition to Spitzer.

State aircraft are available for state business use. Bruno often used planes. Spitzer's office required that state aircraft be used for "more than predominately" state purposes, since it was possible to use the aircraft for a short state use meeting and then attended a political or personal meeting. Bruno refused to submit itineraries, citing separation of powers between the legislature and administration. Spitzer chose not to press this issue and allowed Bruno use of the plane. The press discovered many of the flights were primarily to attend political functions.

The press reported Spitzer used State Police surveillance of Bruno. This spying became a press scandal facing Spitzer. It is noted that both of the scandals, Bruno's flights nor Spitzer's tracing of Bruno may have been legal. Yet much of the press and public found it troubling. The Attorney General recommended settling the issue by increasing the requirements for plane use.

It became known that Spitzer was wiring money without disclosing who was being paid. He also asked how the money could be sent without being tracked back to him. The FBI discovered that Spitzer was paying prostitutes with this money.

Spitzer realized he had few friends and many enemies in the legislature. A more popular Governor might have found a way to survive this scandal (as his successor did). Impeachment appeared likely for Spitzer. Spitzer resigned as Governor. Spitzer was never charged with a crime.

There are many theories that someone who disliked Spitzer tipped off the FBI. No theory has yet been proven as true.

David Patterson became Governor. Patterson immediately admitted to adultery and paying for a hotel room with his mistress twice using political funds, which is illegal. Paterson paid his campaign personally to cover these costs.

Bruno was later charged with illegally accepting $3.2 million from businesses. He was convicted.

First, I must say I live in the Albany, NY area and this scandal was covered extensively by the local media, particularly the newspaper, "The Times Union." I do believe Mr. Elkind did a good job of covering the rise and fall of Mr. Sptizer, as best anyone could. As he pointed out, numerous times, Mr. Spitzer is not an introspective man and is not prone to reveal his emotions and inner thoughts easily. Thus, I can realize why Mr. Elkind could not get deep enough to reveal the answer to the question of why Mr. Spitzer threw it all away.

I did like the straight forward layout of his rise to Attorney Justice and he did cover the major cases Mr. Spitzer prosecuted, although I do wish he had given more information on the final outcome of some (Richard Grasso, for example). "Troopergate" was handled well, but I do wish he had fleshed out more the character of Joseph Bruno, recently in the news for being convicted in Federal Court for theft of honest services. But, of course, I am sure Mr. Elkind couldn't get even close to Mr. Bruno to get any inside information.

For those who like detail, Mr. Elkind does a very good job of tracing the rise of the Emperors Club VIP but I do wish he had given more background on the individuals involved. He explains well how the investigation proceeded and admits what he does not know - how this first came to the attention of the US District Attorney. I did come away convinced that if the Feds want to trace you via monetary transactions (i.e., something other than cash), they will probably get you in the end.

This is a quick read, and an insight to the corruption of politics that exists in New York. Mr. Spitzer is one of only many who have crossed the line, and as I write, several more are either under indictment or being investigated. This book would be of interest more to those like to read about politics, particularly the seamy side.

Why would a man who seemed to have everything--a devoted family, Ivy-League background, personal wealth, a celebrated and much admired career as Attorney General and Governor of New York State, even speculation that he might become our first Jewish president, throw it all away to consort with $5,000-an-hour prostitutes?

Many think Spitzer, who predicted the recent downfall of our great financial institutions and was known, not too kindly, as the "Sherrif of Wall Street," got what he deserved, but his downfall was a tragedy nevertheless. And a warning of what hubris, in the form of overbearing pride and arrogance, can do to a person and how it may bring even the mightiest down.

This workman-like account of the rise and fall of an ex-Governor of the Empire State is probably not of general interest, even though Eliot Spitzer might have been the first Jewish president but for his strange demons. Because only the most mischievous demons, or maybe one of the minor Greek gods a la Banville's Infinities, can essay to explain Eliot's squandering tens of thousands of dollars not to mention his career on base physicality. How disingenuous were his assertions to The New York Post that his bad habit was morally superior to a flat out affair? That Eliot rocketed to prominence, on the merits to be sure, and flamed out in the way in which he did, must say something about the vetting of the nation's leaders, but what? Possibly even JFK in the gentlemanly early 60s would not have survived outright call girl scandal. This book does not purport to be a psychohistory - query whether Peter Elkind possessed the aptitude or inclination to do so - and neither does Lloyd Constantine's more personal memoir about the same subject matter and time line attempt to psychoanalyze the principal.

People have long liked to talk about the first this or that president. Smart money was on Hillary, Obama came from behind, Schumer keeps his powder dry, and Cuomo now emerges as the Italian and of course the second Catholic. Although New York AGs haven't become governor until Eliot, governors do become presidents, while Senators most often do not.

Some say Elkind is a superior researcher. Because he interviewed Spitzer's unlikely wunderkind chief of staff Rich Baum? There's little depth in what Baum or anyone else says about their boss and Elkind takes it all at face value. Insight, which Eliot too says is not his forte, is lacking all around. Constantine's story about exactly the same people, places and things has more feeling as well. On the other hand, what could be more mundane than Eliot's assignations? Possibly Norman Mailer could have written a challenging and satisfying account of this flawed Alpha Male. Rough Justice is not that book.

It was a great book. Elot Spitzer was one of my heroes. I'm so sad about his fall from grace. I hope he will make amends with his family, especially his lovely wife and daughters, friends and God.

Every law student should read this book, as well as lawyers.

I was a big fan of Peter Elkind's The Smartest Guys in the Room: The Amazing Rise and Scandalous Fall of Enron, which he co-wrote with then-Fortune magazine co-worker, Bethany McLean. That work was turned into an outstanding documentary by Alex Gibney (Catching Hell). Here, Elkind notes that he and Gibney teamed up from the start - Elkind to write his book, Gibney to make a complementary documentary. Each work informs the other. Ken Langone, for example, would not talk to Elkind, but did go on the record with Gibney. So, Elkind's book recounts that exchange. Elkind's hard cover release was called "Rough Justice." The paperback was re-titled "Client 9" to dovetail with the movie.

Elkind is a great writer. This book reads like a taut thriller - as good as any fiction. In fact, if you threw a twist into fiction like the doozy Spitzer perpetrated on the world, you'd think, "Come on! That wouldn't happen!" But happen it did. Eliot Spitzer - in a monumentally stupid, inexplicable act - blew up his career, brought shame on his family and roiled the professional and personal lives of hundreds of his team. I take one look at his vivacious, intelligent, talented-in-her-own-right wife and think: what on earth could you have been thinking to risk losing that? It's not for nothing that Silda Wall's pained, shocked face became the inspiration for The Good Wife: The First Season.

The book reads as three parts: his ascension and success as Attorney General of the State of New York; his disastrous tour as governor (in which he became so ill-tempered, even close staff wondered what was going on); and his downfall. Interwoven with the gubernatorial section is another narrative thread describing - in some wonderfully researched detail - the rise of the Emperors Club. Elkind brings these two threads into convergence over a series of crisp chapters. To think that Eliot Spitzer - erstwhile Sheriff of Wall Street - got tripped up in large part because his insistence on paying cash triggered Suspicious Activity Reports ('SARs') filed by his own bank...well, it's almost too rich for words. Luckily for readers, Elkind finds those words.

Elkind has the inside scoop on all the events. One passage that I flagged: Telling his staff that he was pushing forward with his ill-fated drivers licenses for immigrants plan, he defiantly tells his staff "All of you keep on trying to stop me from doing what I want to do. I have crossed the Rubicon. I want you to stop trying to change my mind. There is no going back."

At this juncture of the book, Spitzer's use of the Emperors Club services has spun wildly out of control, so he has indeed crossed the Rubicon. Elkind has a light touch: he doesn't have to hammer home the point. It's a deliciously appropriate comment at that point in the book. Client 9 a work that any intelligent reader will appreciate.

As a resident of New York, I was thrilled when Spitzer took office as governor, thinking, like many in the state, here is a man who is unafraid to challenge to status quo. And, like most others in the state, I was deeply shocked and upset when the allegations of his frequenting prostitutes came to light. After reading ROUGH JUSTICE, I can say I honestly had no idea just how aggressive and unlikable and at the same time TRAGIC a figure Spitzer is. Peter Elkind's research is impeccable. But as good of a researcher and reporter Elkin is, he is also a master storyteller within the non-fiction, political drama arena. One drawback in this book, I think, is the problem that Spitzer is ultimately a provincial figure who got stopped short of the big time because of his own behavior. But the larger story here is really quite enlightening and powerful as a study of human behavior, human weakness, and, most definitely, human flaws brought on by ego, wealth, privilege and so on. Was Spitzer corrupted by his pursuit of office and doing what's necessary to obtain power in a highly corrupted place such as New York? Most definitely. Was he also, in many ways, drawn to this line of work because he's obsessed with controlling people and amassing power. Sure seems that way now, don't it? Funny story. Back in the 1990s I remember standing outside on a chilly day not far from Coney Island with a friend - who would later become a reporter at Politico - when Eliot Spitzer came up to us seemingly out of nowhere to shake our hands and hand us literature for his campaign for New York's attorney general. Both of us knew who Spitzer was at this point - barely - and both of us had an identical reaction after he left. My friend turned to me and said, wow, is it me or was that sort of creepy. Go figure.

This was one interesting book. Author Peter Elkind has managed to flesh out Eliot Spitzer as more than #9 --- the Emperor Club's big spender who dropped plenty of $$$$ on questionably classy call girls who were presumably discreet enough to keep their client's activities under the covers.
As a non-New Yorker before Spitzer's sexual preferences were spread out on rags like the New York Post or the National Enquirer, I knew next to nothing about the man except that he was a crime bustin' crusader who took on Wall Street and managed to become the governor of NY on a platform of honesty and public accountability.
Elkind has dug deep and produced a book which manages to define Spitzer's chameleon-like personality which seemingly has more personalties than SYBIL. We are introduced to Spitzer the crusader who is personally incensed by the dirty dealings on Wall Street, the devoted family man and husband, the fellow who is given to large scale fits of temper, the man who picks up political enemies in large number, the quitessential genius dork boy who was raised in a competitive and demanding household, the unapologetic muckracker, and the chap who likes to hang with call girls during his rare moments of downtime while he multitasks.
Debunking the tabloid mentality that reported Spitzer's activities by way of Ashley Dupree(the callgirl with the heart of pure gold hoping to launch a singing career), Elkind manages to produce a book that shows its readers Spitzer's strengths and weaknesses. He makes no attempt to explain why a very smart man has followed the well-worn path of many politicians to do something very stupid. He doesn't make an attempt to identify who orchestrated Spitzer's ultimate humiliation and downfall, but he has managed to id some very formidable suspects among many enemies and critics.
This book is informative and interesting. It provides the backstory for why this 'scandal' managed to pick up so much steam and revisits Eliot Spitzer's career in a multi-dimensional way.