Maybe they are...but, if so, they are exploiting weaknesses he emplaced in his past and present, and unless he can show that he is being selectively prosecuted (as in giving up the whole squirmy kettle of worms in the NYC government and them not being prosecuted), then if he did the crime, do the time.
Boo hoo.
I'm sure he has been wracked with guilt over the whole affair from day one...(/sarc)
Well, maybe since it hit the news, anyway.