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National Review
National Review
31 May 2024
Ramesh Ponnuru


NextImg:The Corner: The Capone Analogy

I’m seeing it in a bunch of places, so I’m just going to repeat what I said about it when Trump was charged:

When people want to justify questionable legal action against hated figures, the go-to example is Al Capone’s imprisonment for tax fraud. But the case that the Chicago mobster hadn’t paid taxes on hundreds of thousands of dollars in income was open and shut, a serious offense punished by the proper authorities.

I would just add that tax evasion was a normal charge: It had been prosecuted before and would be again. There was no need to get around a statute of limitations, no state enforcement of federal law, no uncharged underlying offense, no instruction to the jury that unanimity on elements of the crime was unneeded, etc.