Greetings,
Al Capone operated an open criminal empire for years because he had politicians in his pocket and used violence on opponents. He’d been arrested on minor charges but there was never enough evidence to prove his major crimes in court, especially to bribed judges or scared juries. A 1927 Supreme Court ruling illegal income was taxable let the FBI convict Capone (who had never filed a tax return) for 22 counts of federal income tax evasion. He served 11 years in the US Penitentiary, Alcatraz, and a mental hospital before dying at home of syphilis with what doctors called “the mentality of a 12-year-old child”. I think his story might, just might, be relevant to us today.
Donald Trump also operated an open criminal empire for years, enabled by fraud, political influence, and legal chicanery, and continued his pattern as President. Republicans would have us believe his four (four!) current indictments all come from slavering political hacks stitching together lies and innuendo in a desperate attempt to slur the untarnished name of their towering political nemesis. Back here in consensual reality, it’s exactly the opposite. The American Justice System, not Democrats, are picking only the most serious, most glaring, most provable crimes to prosecute. Yes, their ultimate goal is finally sending an obvious criminal to jail, but prosecutors are leaving huge swaths of malfeasance on the table. Why? Why not go after him for everything he’s done?
One frustrating reason is that so many of Trump’s worst violations aren’t illegal. The most serious crime he’s charged with (so far!) is conspiring to overthrow the US government, but is that the worst thing he’s done? The tens of thousands who died because of his dereliction of duty during Covid might say no. His sabotage of action on Climate Change could play a part in dooming Humanity. Desecrating the rule of law, empowering nazis and racists, and relentlessly lying to America all seem like they’re worthy of prosecution, but here’s the thing… for most of these, there’s no specific law against them. He should be accountable for all of them but like Capone and his 200 murders, The Donald ‘s untouchable for these actions.
But what about things that ARE illegal? Again, take your pick. Multiple campaign finance crimes, wire fraud, defrauding gullible Americans, destruction of government property, obstruction of justice, violations of the Hatch act and the emoluments clause are just scratching the surface. Any one of these would be, and should be, enough to imprison anyone. But the Justice System, again exploding the Republican myth of a ‘get him at all costs’ witch hunt, is only prosecuting ones they can prove in court. They all seem like slam-dunks to me, but unfortunately the question of which ones actually ARE crimes, much less which ones can be PROVEN beyond a reasonable doubt in court of law, lie in the hands of others.
One point does differentiate Capone from Trump and it’s critical to what charges prosecutors file if they want him to go to, and stay in, jail. If Trump actually regained the presidency, he’d arguably have pardon power over any federal crimes he committed… Federal crimes, not State crimes. Choosing to prosecute State charges (particularly in a state with mandatory minimum sentences) means if he’s convicted he WILL go to jail to stay.
Imaginative allegations don’t make people guilty, a problem Republicans faced with Hillary and are currently facing with Hunter Biden. Prosecutors shouldn’t go after anyone on just an allegation, and they can’t even go after every person with evidence against them. They decide what criminals to pursue, and what charges to bring, in part because they know the law, the facts, and what they can convince a jury of. Like Capone, Trump offers an overflowing cornucopia of criminality but can’t be prosecuted for all of it. And like Capone, we may want to try him for treason but may have to settle for what we can get.
Make a great day,
Digging Deeper…
President Trump’s staggering record of uncharged crimes, Conor Shaw and Brie Sparkman at Citizens for Responsibility and Ethics in Washington, Sep 2022
Jack Smith’s Trump indictment goes where free speech ends and criminal conspiracy begins, Lynn Greenky in The Hill, Aug 2023
Federal Employee Hatch Act Information, US Office of Special Counsel
Trump Georgia indictment: RICO charges could be a double-edged sword, Jack Queen on Reuters, Aug 2023
50-State Comparison: Pardon Policy & Practice, Restoration of Rights Project, Oct 2022
Al Capone Convicted On This Day In 1931 After Boasting, ‘They Can’t Collect Legal Taxes From Illegal Money’, Kelly Phillips Erb in Forbes, Oct 2020
Al Capone, FBI Website
‘My Blood Ran Cold’: Ex-Trump Official Horrified By ‘Criminal Plot’ to Have Military ‘Turn Their Guns on Civilians to Facilitate a Losing Candidate’, Alex Griffing on NewsBreak, Aug 2023
Why Low-Level Offenders Can Get Longer Sentences Than Airplane Hijackers, Emma Andersson at ACLU, May 2018
23 Petty Crimes That Have Landed People in Prison for Life Without Parole, Josh Harkinson on Mother Jones, Nov 2013
Report to the United Nations on Racial Disparities in the U.S. Criminal Justice System, The Sentencing Project, Apr 2018
The costs of inequality: A goal of justice, a reality of unfairness, Colleen Walsh in the Harvard Gazette, Feb 2016
