Donald Trump— America's Actual Public Enemy Number One

A Prison Sentence Is Too Good For Trump, Even A Very Long One

Ink published an interesting column comparing Trump’s legal case to the one that put Al Capone— “Public Enemy Number One” in his day— in prison, where his syphilis incapacitated him, both mentally and physically. He was released from Alcatraz in Nov., 1939— having served over 7 years of his 11 year sentence— and went to live, a complete invalid, in his mansion in Palm Island, Florida, his own version of Mar-a-Lago. 

Trump is a far greater danger to society than Al Capone’s criminal activities ever was. Trump's influence on democratic institutions, human rights, social justice, environmental policies, economic inequality, public health and America’s place in the world have had profound, far-reaching consequences that go beyond the localized and sector-specific criminal enterprises of Capone. These systemic impacts of Trump’s— and his fascist-oriented MAGA movement— pose significant risks to the stability, equity and sustainability of American society.

I want to look at Ink’s analysis of the legalistic similarities between the current Trump case and Capone’s tax case but I want to be perfectly clear that While Capone was a powerful figure within the realm of organized crime, his influence was confined to illegal activities and corruption within certain sectors. He did not come anywhere near wielding the same level of systemic influence over national or global politics. Capone's criminal activities— harmful and extensive, especially in Chicago—didn’t pose a direct challenge to the democratic framework or the foundational principles of the country. Trump's actions while he was in the White House and since, including the spread of misinformation, the divisiveness, his attacks on the free press and attempts to subvert the electoral process, have eroded public trust in democratic institutions and norms, likely with long-lasting effects on political polarization and the health of democracy in the U.S. He exacerbated racial, ethnic, and religious divisions, undermined human rights, while promoting a vicious and counter-productive xenophobic agenda. Trump's rollback of environmental protections have had detrimental effects on global efforts to combat climate change with long-term consequences for the planet and future generations, far beyond the immediate criminal activities of any single individual. He should get the death penalty for that alone; prison is too good for him.

And that’s without even considering his tax policies and deregulation efforts benefiting the already wealthy and increasing economic inequality, widening wealth gap and the potential destabilization of the economy. Everything has always been about him, not the country. The way he handled the COVID pandemic— downplaying the severity of the virus, spreading misinformation and failing to implement effective public health measures— led to hundreds of thousands of preventable deaths and widespread suffering. Trump should be executed hundreds of thousands of times. Yesterday, my friend Dan told me that he looked into the near future and Trump standing at the door way to Hell, where he was met by Satan himself. Satan said because several of Trump’s predecessors had died before him, there was no room for him but that because he deserved an eternity of suffering more than any other president, Satan had decided to allow Trump to chose someone else to go to Heaven so Trump could take their place. There were 3 doors and Satan opened one at a time. Nixon was behind the first being beaten with whips wielded by millions of Vietnamese, Cambodians and Laotians who he had called “collateral damage.” Trump didn’t like that at all and asked to look at the next room. It was Reagan slowly peeling bark off giant red wood trees, the trees growing back the bark before he could move to the next tree. Trump hated that and rejected it. The final door had Bill Clinton laying on his back on a bed with Monica Lewinsky doing what she was famous for doing to him. Trump immediately said he could handle that for eternity. Satan nodded and said, “OK Monica, you’re going up to Heaven.”

Roger Parloff made the case that what we’re seeing unfold in Trump’s hush-money trial is a lot like what we’ve seen historically in cases that brought down major organized crime figures— a smart prosecutor ultimately gets the kingpin on the charges he can make stick, even if those aren’t the crimes people might expect or hope to see punished.

Call it the “Al Capone factor.” In Parloff’s estimation, that’s exactly what District Attorney Alvin Bragg had in mind when he made the indictments that got us here. Far from being a side issue, the payoffs represent a clear violation of the law that— given the large amount of evidence that exists— could well lead to a conviction. But it’s also just a stronger case that’s more straightforward to make, relative to other lawbreaking.

The fact that the payoffs may seem like a side issue has thrown off some commentators on the political left and center, who have seen it as minor, a distraction, or too focused on the criminal, not the crime, leaving the door open for the opposition to claim the proceedings are politically motivated. But for Parloff, the case stands on its merits.

Weighing this evidence in the context of the many civil frauds Trump has been adjudicated to have committed, and the many crimes of which his closely held corporation and most essential business colleagues, Weisselberg and Michael Cohen, have been convicted, I have been persuaded. District Attorney Bragg was right to bring this case.

And remember: Al Capone did end up in Alcatraz.

The fact that Al Capone was convicted, finally, on tax evasion charges rather than his other crimes has cast a long shadow over gangster movies and people’s understanding of the law. Can you talk about why gangsters always get caught for something other than the “object crime”— the really bad things everyone knows they’ve been involved in? Can you put the Trump hush-money case in that context? Why didn’t federal prosecutors go after him directly on campaign finance violations?

This is a good question, but, first, a point of clarification. When I used the phrase “object crime,” I was using it as a term of art that relates to the particular New York State statute being used in the Trump prosecution: falsification of business records. That crime, in itself, Penal Law 175.05, is a misdemeanor. But if the crime is committed with intent to commit or conceal another crime— for instance, in this case, an election law criminal conspiracy— it becomes a felony, under Penal Law 175.10. The other crime that one is alleged to have intended to commit or conceal— the factor that enhances the crime to a felony— is called the “object crime.”

Sometimes high-level organized crime figures are skilled at evading criminal prosecution precisely because they must be: criminality is so fundamental to their business. They have become sophisticated about how criminal cases are made and what sorts of proof are used. So they take precautions. They often commit crimes by giving orders that descend through several layers of subordinates, for instance, and where the orders are delivered in “coded” or euphemistic language. They avoid email. They speak carefully, assuming they may be being wiretapped.

There are signs that Trump takes some of these precautions. He famously does not use email and has reportedly chastised his lawyers angrily for taking notes. Michael Cohen has testified that Trump typically gave orders through indirect language and innuendo, like a mob boss.