I observed a while back that "Eliot Spitzer has been brought down for a crime most libertarians don't
think should be a crime, by federal prosecutors who should not be
involved even if it were a crime, and using techniques, such as
enlisting banks as government watchdogs of private behavior, that
stretch the Fourth Amendment almost out of recognizable shape."
Megan McArdle makes a pretty good point about the last part:
I'm not distressed to hear that the Feds were spying on Eliot Spitzer.
No, not because I don't like the man, but because I think maybe we should
spy on our politicians, all the time. No probable cause, you say? I
fling back at you Mark Twain's observation that America only has one
distinct criminal class: Congress. . . . I think it's entirely
appropriate that the anti-corruption police watch politicians like
hawks. They've chosen public office; that conveys a lot of
responsibility to the public, including assuring them that your votes
aren't being bought outright. I also think that politicians, when
caught in a crime, should automatically get the maximum penalty; if
they think the law is such a good idea, they ought to suffer heartily
when they disregard it.