November 22, 2007
Posted: 06:11 AM ET

A federal judge has cancelled Sen. Vitter's planned testimony in the D.C. Madam case.

WASHINGTON (AP) – A federal judge spared Sen. David Vitter an embarrassing appearance on the witness stand in a prostitution case when she abruptly canceled a hearing scheduled for next week.

The Louisiana Republican was under subpoena to testify about his ties to a Washington escort service. Deborah Palfrey, the woman accused of running a prostitution ring, had sought to question Vitter about whether he paid for sex.

But U.S. District Judge Gladys Kessler canceled the hearing Wednesday, saying it served no purpose in the criminal case. It was Kessler who originally set the hearing but, after seeing Palfrey's witness list, the judge said she was convinced Palfrey was just trying to game the judicial system.

Vitter has acknowledged being involved with the escort service, Pamela Martin and Associates. But after issuing brief statements and apologizing for "a very serious sin," he has ducked follow-up questions. On the witness stand, he would not have had that luxury.

Neither Vitter's attorney nor his Senate spokesman immediately returned messages seeking comment. Palfrey's attorney said he had not read the judge's order and had no comment.

While Kessler's ruling offers Vitter a public relations reprieve, it was hardly a politically tinged ruling. An appointee of President Clinton, Kessler has rankled the Bush administration in rulings over Guantanamo Bay detainees, faith-based initiatives and whether it can keep documents secret. Vitter, a first-term senator who also served in the House, is a reliable conservative vote on Capitol Hill.

The Nov. 28 hearing was merely a tangent to Palfrey's prosecution, but Vitter's testimony would have drawn a crowd. With Vitter on the stand, attorney Montgomery Blair Sibley said he would ask, "As a client, did you engage in illegal sex acts?"

It's a novel strategy, asking someone to say they paid for sex to help bolster a prostitution case. But Palfrey says she provided a fantasy service, not a sexual one, and anyone who sold sex was a "rogue escort" who violated her employment contract.

Palfrey is suing one of the escorts for breach of contract. Kessler put that case on hold while the criminal case played out, a decision the judge was going to reconsider at next week's hearing.

Had Vitter confirmed he paid for sex, Palfrey said, it would have bolstered her argument that the escort violated her contract and could be sued.

Had the case been allowed to go forward, Palfrey could have questioned witnesses outside the criminal defense process, giving her an advantage at trial. Prosecutors said it was a way for her to intimidate witnesses and generate publicity.

Also on Palfrey's witness list was Harlan K. Ullman, a national security expert and military strategist known for developing the "shock and awe" warfare strategy. Palfrey has said Ullman was a regular client. Ullman has not commented on what he called "outrageous allegations."

"Obviously, this witness list demonstrates that defendant has no intention of adhering to the specific limited purpose for which the hearing was set," Kessler wrote.

Filed under: D.C. Madam • David Vitter


L, Williamsburg, VA   November 26th, 2007 3:03 pm ET

"but I don't support her because if she is elected, every Conservative in America would prefer to see the nation paralyzed in political gridlock than to see any problems resolved - because of their hatred for her."

**************

Well, as they say, "WHAT GOES AROUND, COMES AROUND". After 7 years of attack, what would you expect from her political opponents,…adoration?

You have made the argument for us all getting past the Bush's and the Clinton's. Those two clans represent division, and the sooner we put them to pasture, the better off we all will be.

chris, Chicago, IL   November 25th, 2007 11:57 pm ET

Hey, Vitter. Don't feel bad. At least your empire isn't crumbling right beneath your feet.

http://www.golden-lamp.com

Ron Nebraska   November 25th, 2007 11:23 pm ET

Hillary Clinton is probably the most capable and experienced candidate, but I don't support her because if she is elected, every Conservative in America would prefer to see the nation paralyzed in political gridlock than to see any problems resolved - because of their hatred for her.

Posted By Terry, El Paso, TX : November 24, 2007 10:39 am

Actually, since conservatives see government as the problem, it is in their interest as an ideology to obstruct anything smelling of progress. Given that, why anyone would put one into elective office is really beyond my comprehension.

Pixie, Murfreesboro, Tn   November 23rd, 2007 11:52 am ET

Well I'm not privy to the specifics of the case, but if the testimony only served to embarrass the senator versus actually bringing merit to the prosecutor's case, then it's good that it was left out.

Juan, Fort Lauderdale, FL   November 23rd, 2007 10:35 am ET

I was right - the Clinton News Network took down my message, which was the first comment posted on this story. Circling the wagons to protect their chosen leader, they make sure that the story of Sandy Berger gets no air time. My comment as originaly posted 1 minute after this story broke:

If Sandy Berger can get away with stealing classified documents that pertain to 911, this guy should be allowed to get away with visiting a hooker.

Now lets see how long before the News Gestapos take this down…!

proud2bliberal   November 23rd, 2007 8:16 am ET

Isn't it funny how the usual right wingers (righty tighty, Laura from Tulsa, James from Phoenix, Brad from the empire of Texas) aren't posting on this one????? Come on guys you like to talk about good Christian values and how we Democrats are severly lacking in that area…where are your post ranting about us lunatic liberals????

Could you actually be maturing enough to realize that good and bad lives on BOTH sides of the political aisle…or are you just trying to figure out how to blame this on the Dems????

David, Silver Spring MD   November 23rd, 2007 12:28 am ET

David Vitter would have said whatever was necessary to keep his political ambitions alive. Everyone seems to think the judge saved him from having to admit to hiring a prostitute. But do you really think Vitter would have admitted such a thing? Unless the "escort" snuck some photos or saved her own "blue dress" there's really no way to prove he had sex with her. So why would he admit it?

Moe, NY   November 22nd, 2007 11:28 pm ET

Why can we not, as Americans, get rid of these corrupt judges/govermental servants, etc. (Who's my buddy, who's my pal mentality). If the constitution ever needed amendment, it would be to protect our rights, as American citizens against these corrupt politicans/judges….should be a very straight forward way to IMPEACH all these jokers! Vitter is walking away from this? I am beginning to think maybe the people of America should take to the streets, if necessary, to take our government back! Tired of these idiots getting away with…well, just about anythig…i.e. Bush, Chaney, etc.

Bob, Roxboro, NC   November 22nd, 2007 10:21 pm ET

Equal justice under the law!

Yeah ,,,right!

Just another example of the multi tier system of justice we have here in America. Brought to you by ,,,The Good Ol Boys.

Having traveled abroad extensively, I can tell you,, America has little right to run around the world shoving freedom and democracy down anyone's throat.

Steve, Cedar Rapids, Iowa   November 22nd, 2007 10:09 pm ET

All this from another one of those guys with "Christian values". The American people see these guys for the hypocrites that they are. If he was a Democrat the "holier than thou crowd" and Rush Limbaugh would be calling for his head. But since he is a Republican he can ask to be forgiven and welcomed into the flock. No, there is a Democrat who is still Governor of Lousiana.(Kathleen Blanco) who would appoint his successor. That is the real reason why he is still a Senator. We all know it. I am sure the self righteous in his home state will vote for him again 2010……lol

Walt, Belton, TX   November 22nd, 2007 9:23 pm ET

Wonder if his name was right next to
slick willie's?

John Lee Dugger, Jacksonville, Florida   November 22nd, 2007 8:58 pm ET

WHY!! Why do we spare a sitting Senator
from what he has done? He hired a
PROSTITUTE. Now he thinks he above the average person? If you or I were
caught we here in Jacksonville, Florida, we would be put in the "SHAME, SHAME" file in one of our local newspapers.
SHAME on you Senator for using your position to cover up your actions.
Chappy

Ivan, Chicago, Illinois   November 22nd, 2007 5:54 pm ET

Vitter should thank his lucky star that someone like former republican congressman Henry Hyde isn't his judge otherwise his sordid testimony would be out there for the whole world to read. Oops I forgot Hyde did that to a democrat, to a fellow republican Hyde would have found a reason not to force Vitter to testify.

EJ, Spring Tx   November 22nd, 2007 5:51 pm ET

It's too bad that Senator Craig was not spared the embarrasment of have to make a public statement. Maybe next time he'll see that the right says an affair is forgivable as long as it's with a person of the OPPOSITE sex!

Juan, Long Beach CA   November 22nd, 2007 5:39 pm ET

Not even these people who propagate to be the guardians of order, values,and goodness are spared the temptations of moral turpitude.

summus   November 22nd, 2007 2:52 pm ET

why should he answer any questions- he's a Christian- Christians can do whatever they want.

J. Stile, Trenton, NJ   November 22nd, 2007 1:40 pm ET

"The Rebubs tried to impeach Clinton for something similar. Now, let's see what they'll do with one of their own. Probably nothing. Such divisive partisanship is tearing our country apart.

T. Tim, Lodi, WI   November 22nd, 2007 1:34 pm ET

The Repubs tried to impeach Clinton for you-know-what. Now what'll they do about one of their own? Nothing probably. Partisanship is ruining our country.

Jim, Denver, CO   November 22nd, 2007 12:51 pm ET

Sounds like Vitter should have been a prosecution witness. His testimony could have shown the Madam offered more than fantasy. Vitter may still sit in the witness chair depending on how deep the fix is.

Keith, Palmetto FL   November 22nd, 2007 12:15 pm ET

Who paid her off?

Esteban Dabdoub Hernandez-Rio Rico, Arizona   November 22nd, 2007 12:12 pm ET

As usual, the Republican Moral Majority commit adultery, homosexual acts etc and receive the full protection of the Judiciary Vranch, the Democrats don't use God to get elected, so if they commit adultery, the issue is between the parties involved. Don't use God's name in vane.
Esteban Dabdoub Hernandez

Fed up   November 22nd, 2007 12:05 pm ET

Another case of our corrupt government taking care of one of their own. sickening!

Larry, New York City, NY   November 22nd, 2007 11:29 am ET

So it's ok to use a hooker, as long as you pay for it…it's gay sex in an airport that's wrong.

That's for the clarification Republicans!

Ben Waidhofer, Folsom, CA   November 22nd, 2007 11:25 am ET

I would hate to see a Sen. Vitter get embarrassed by the truth. It is good to see the judicial system hold up someone's feelings, instead of the law. God forbid we follow the law in the country. God forbid the judiciary hold the legislative and executives accountable.

The US of A, land of the… (what ever the power broker says it should be, today, so long as it is not embarrassing).

Immoral Minority   November 22nd, 2007 11:12 am ET

Jeez, another "turkey" for Thanksgiving and he didn't even change planes in Minneapolis-St. Paul. As the cop once said "We're on top of this no matter how long it take".

Boy, oh boy! Sin and redemption all in one package; the GOP

Daniel, NY   November 22nd, 2007 11:07 am ET

A new poll from the South Carolina primary has Clinton ahead against Obama; and a new general election poll from Washington has Hillary running very strong.

James, Houston   November 22nd, 2007 10:45 am ET

Relative to Sen. Vitter's Testemony in the Deborah Palfrey Hearing; Geo.Bush is probably"DANGLING" A Carrot at Judge Gladys Kessler!

John STL, MO   November 22nd, 2007 10:28 am ET

Game the judicial system? Isn't that what attorneys and judges alike do on a daily basis? Not to mention our very own DEPARTMENT OF (in)JUSTICE. Not very informed of the details of all of this but it doesn't smell good. And did this guy catch a break or what?

Terry, El Paso, TX   November 22nd, 2007 10:00 am ET

I confess that I really enjoy seeing "family-values" Republican lawmakers simmer in their own hypocrisy. Their indignation over the immorality that is sweeping the country and destroying families is only matched by their outrage over being caught doing what they put others in jail for doing.

That said, if we out every guy in Washington who has spent time with a prostitute or a party girl, that would surely be a majority of both parties in both houses of Congress. Statistics that I found on the internet say

"A statistic to emerge from a poll was that 15 per cent of the men sampled had visited a prostitute. This figure may be conservative. It relies strongly on the willingness of participants to disclose intimate details. Some samples, for example, have suggested as many as 40 per cent of the male population have visited or will visit a prostitute at some point in their life."
and…
"Smith conducted the highly respected study “American Sexual Behavior,” a poll of 10,000 people over two decades. The study found that 22 percent of married men and 15 percent of married women have cheated at least once."

Surely the temptations are greater in Washington where lobbyists are throwing a mix of money, expensive dinners, liquor, and girls at lawmakers in an attempt to change the percentage of paraffin in diesel fuel or to persuade the federal government to purchase a certain brand of file folders.

As for Senator Vitter, I hope the good Republican Christians of Louisiana will do God's will next election day.

Carrol Ann, Newport, ME   November 22nd, 2007 10:00 am ET

"White, senate privilege!"

r.e. lowe allons, tn   November 22nd, 2007 9:10 am ET

all i can say is this country need a few more conservative federel judges then thy could turn all them weite house republicans crony crooks loose. in my opinion!

Robert Payne, Cromwell, Connecticut   November 22nd, 2007 8:51 am ET

When will these holier than thou Republican family values Senators actually be required to walk the walk as opposed to talk the talk. I am sure that the senator has voted for every Republican family values initiative and has led his constituency to believe that he really practices those family values in accordance with his votes. This most likely Republican appointed judge has, the least for now, prevented his constituency from learning his true core family values.

Laquan Abdula Muhamed   November 22nd, 2007 8:47 am ET

"Palfrey was just trying to game the judicial system"

What the heck is that supposed to mean? Can you write news stories in English and not use Ebonics, especially in political stories?

If you are going to use street language in stories then perhaps you should have your newsreaders and "reporters" wear red bandanas on their heads and dress like thugs.

Independent in IA   November 22nd, 2007 8:37 am ET

Who gives a crap about Vitter? I'm more intrigued by the idea of one prostitute suing another for 'breach of contract'. How incredibly amusing!!!

Michael, Hendersonville, TN   November 22nd, 2007 7:31 am ET

What's new?? These guys in government get away with everything! They are basically a bunch of liars and thieves-not to mention perverts.

truebob, hollywood FL   November 22nd, 2007 7:03 am ET

Ah…can you smell their moral superiority? Tell me again how you are God's Party, and how all the sinners in the gay community should be disenfranchised. Maybe with all these republican leaders becoming criminals, they will be more open to the plight of convicts and their voting rights. That way what they lose in neocon wingnuts, they can make up in felons.

Alice Newman Center Harbor NH   November 22nd, 2007 6:31 am ET

doesn't matter. Vitter will be remembered for using an escort service while working on an "abstainence only" bill … do as I say - don't do as I do - then repent and be forgiven and on his merry way … poster child for the Christian Conservative Hypocrisy.

mark wilkes barre pa   November 22nd, 2007 6:05 am ET

the man has a sexual addiction,, he owned up to it,, End of the public bashing,,we have seen how this ends in the past ,,just ask Bill Clinton, Do we always have to ruin people to prove political points, and drag out endlessly peoples dirty laundry that really has nothing to do with political agendas of the day just to "pile on " more and more dirt designed to make republicans look like hypocrits ? News FLASH : You wont convert a republican with a story like this,, you wont convert a undecided voter with a story like this , they hear so much hate from both parties thats why there undecided.

THOMAS BILLIS las vegas nv   November 22nd, 2007 5:02 am ET

Having Bill Clinton testify before a Grand Jury made a lot of sense.These politicians do whatever they want and get judges to protect them.If this woman is charged with a crime why shouldn't Vitter testify to show it was not or is an illegal operation.If his name was John Smith you can bet your last dollar he would be testifying.

Sam, IA   November 22nd, 2007 4:35 am ET

Probably one of those godless liberal activist judges don't you think Rush and Hannity ? What a hoot. Once again the republican is given divine redemption from his lecherous activities due to his belonging to the party of God.Or should we just change the diety's name to Gop?

sldksld od@yahoo.com   November 22nd, 2007 3:34 am ET

Got ya'! He, he.

dk   November 22nd, 2007 1:59 am ET

D A M N right wing activist Judges!!!

r.e. lowe allons, tn   November 22nd, 2007 1:12 am ET

RE-write all i can say is this country need a few more conservative federl judges then thy could turn all them white house republicans crony crooks loose.in my opinion!

r.e. lowe allons, tn   November 22nd, 2007 12:40 am ET

all i can say is this country need a few more conservative federal judge then thy could turn all them white house republicans crony crooks. in my opinion!

Dave, Wheat Ridge, Colorado   November 22nd, 2007 12:05 am ET

A greater good is served by this. If Vitter would have been forced to testify under oath while holding a high-ranking federal office, this would only serve to distract the government from legitimate business. It might even start a witch hunt. And, after all, that sort to thing is only appropriate for Democratic office holders.

Steve Hazzard, Wilkes-Barre PA   November 21st, 2007 11:54 pm ET

Does this story really deserve a comment??? The comment is the story! The buzzards and vultures always protect their own species!!!

John from America   November 21st, 2007 11:52 pm ET

Another GOP judge letting a criminal off the hook.

josh, akron, oh   November 21st, 2007 10:40 pm ET

how nice for slimy republicans to escape the public humiliation that Clinton endured.

Walt, Belton, TX   November 21st, 2007 10:16 pm ET

Wonder if slick willie's name is on the list?

Frank Honolulu Hawaii   November 21st, 2007 9:43 pm ET

The picture of Vitter is him saying "whew, that was close".

jfz, napa, CA   November 21st, 2007 9:35 pm ET

What? No picture of judge Gladys Kessler? It's bad enough when "judges are up for election and offer ONLY an "elect: yes/no" biography…is the U.S. judiciary going the way of the Saudis???

Thomas W. Stevens; Eugene, OR   November 21st, 2007 9:24 pm ET

Obviously, the judicial system is protecting one of their own.

It's really disgusting how corrupt our whole political process has become. Why don't they just legalize prostitution, like it is in Nevada, or most of Europe?

Makes one want to leave our country.

Tapera, Toronto   November 21st, 2007 9:11 pm ET

I think that the society lies to itself by trying to think that they can stop the oldest profession. Prostitution has been there and will always be there.
It's high time it gets legalized to inorder to protect the service providers and their customers.
a lot of people pretend to be against it while they secretly go to prostitutes

Lee, syracuse, ny   November 21st, 2007 9:02 pm ET

Vitter already embarassed enough, especially his wife who years ago said to the media that if she caught him cheating, she would cut away his you-know-what. And then, he got caught….

KEITH JAMES LOUTTIT   November 21st, 2007 8:58 pm ET

"But Palfrey says she provided a fantasy service, not a sexual one…"

Yes, DC is the capitol of fantasies.

Does it surprise anyone that a Federal Judge in DC would protect a Legislator?

Steve, Lyons, CO   November 21st, 2007 8:35 pm ET

A different justice system for Senators: hypocritical Vitter the christian extremist gets to slink away again like the coward he is.

Why, again, is he still in the Senate? …and pretending to be some family values righty? Geez, is this honeycombed-with-corruption country about to collapse?

Jackson, Morongo Valley, CA   November 21st, 2007 8:17 pm ET

David Vitter represents the hypocrisy of the Republican Party and the GOP members of the Senate … isn't participating in prostitution a crime? … and Larry Craig barely committed a misdemeanor!

Danny, Kenai, Alaska   November 21st, 2007 8:15 pm ET

The party of morality and values gets spared this time around. GOP supporters must be awfully happy. Has Larry Craig resigned yet??? Muahahaha

Bill, Streamwood, IL   November 21st, 2007 7:26 pm ET

Hey, at least this conservative Republican was screwing someone of the opposite sex. A real change from the others.

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