By Gerald Shields, The Advocate, July 13, 2007

13 Jul 2007 // U.S. Sen. David Vitter likely will avoid criminal prosecution for his phone number being listed with a Washington call girl service, but he could face disciplinary action from the Senate Select Committee on Ethics.

And though the Louisiana Republican has been out of sight, missing Senate votes throughout the week, a scheduled town hall meeting in Greensburg on Monday has not been canceled, town Clerk Miranda Newcomb said Thursday.

Vitter’s phone number was listed five times on the records of a woman dubbed the “D.C. madam” between 1999 and 2001, a review of the phone list shows.

The statute of limitations has expired in Washington, D.C., on Vitter’s calls to the Washington escort service operated by Deborah Jeane Palfrey, who is accused of running a prostitution ring.

The city does not prosecute prostitution offenses that occurred more than three years ago.

Vitter, the married father of four, also has been accused of using prostitutes in New Orleans during the mid-1990s. Louisiana does not prosecute those kinds of cases if they are more than two years old.

But Vitter could face action by the Senate Ethics Committee, according to the Senate ethics manual. The manual states that disciplinary authority for “expulsion and any other punishment” has no limits as to “the time, place and nature of the offense.”

That means that, even though Vitter’s calls were made during his time in the House of Representatives, the fact that it was exposed during his time in the Senate leaves him vulnerable to punishment, according to the manual.

“It seems clear that if a Senator should be guilty of reprehensible conduct unconnected with his official duties and position, but which conduct brings the Senate into disrepute, the Senate has the power to censure,” the manual says.

An ethics complaint can be filed by anybody, according to the manual. A Washington citizens groups called the Citizens for Responsibility and Ethics said earlier in the week that it was considering filing a complaint. A spokesman said Thursday that the organization has not made a decision.

Vitter’s first call to Palfrey’s service occurred on Oct. 12, 1999, four months after he took office as a congressman. The last call occurred on Feb. 27, 2001, which was Mardi Gras.

Vitter made three other calls — on Sept. 18, 2000, Oct. 26, 2000, and February 21, 2001. The phone number, which had a 202 area code in Washington, has since been disconnected.

Palfrey returned calls from Vitter, including during roll call votes in the House, according to The Associated Press.

Federal investigators allege that Palfrey collected $2 million from clients who paid up to $300 per visit beginning in 1993. Palfrey contends she ran a legitimate escort service that was a “high-end adult fantasy firm which offered legal sexual and erotic services across the spectrum of adult sexual behavior.”

On Monday, Vitter apologized for his number being on the Washington escort service list, calling it “a serious sin” for which he takes full responsibility. The 46-year-old Vitter, who served six years in the U.S. House before being elected to the Senate in 2004, said he and his wife have gone through marriage counseling.

Vitter gained the backing Thursday of several Louisiana Republican politicians. U.S. Rep. Jim McCrery, R-Shreveport, issued a statement of support as did U.S. Rep. Rodney Alexander, R-Quitman.

“David is doing the right thing taking some time to be with his family,” Alexander said. “I look forward to his returning to work soon and know he’ll continue to dedicate himself to working tirelessly on behalf of the people of Louisiana.”

Republican Secretary of State Jay Dardenne, former Gov. Dave Treen, a Republican, and state Rep. Steve J. Scalise, R-Metairie, also released statements supporting Vitter.

“Your great work for our state should not get lost in the current frenzy,” Dardenne said.