Prosecution by leak

What’s really disgusting in the Spitzer mess is the use of the press to force a plea bargain where there are no charges. If the stories are true that the feds are negotiating with Spitzer, and they may not charge him if he resigns, that raises the question of why he has not been indicted yet. The organizers of the prostitution ring have been indicted. Spitzer is mentioned, though as Client 9 and not by name. If there was some crime committed by Spitzer (and suggestions about the Mann Act and money laudering sound pretty weak) they should be in an indictment or a criminal information. It could be under seal. But to leak his name and to link him to crimes that are not charged and may not be chargeable strikes me as a clear case of abuse of prosecutorial power. Sure, Spitzer may have done this kind of thing himself (did he? it’s not clear). But even if so, it doesn’t make it right.