Prosecutorial Misconduct of the Highest Order

misconduct

How to react to a story like the one below? Here’s my suggestion. When the other side makes a breathtakingly stupid argument, it’s a pretty good sign that they have run out of anything bearing a family resemblance to a good argument. It’s a sign of desperation.

Jonathan Chait, NRA Says FBI Is Treating Trump As Unfairly As Al Capone

 NRA spokesperson Dana Loesch informs her audience that the FBI is trying to pull the same tricks on Trump that they used to entrap the beloved Prohibition-era Chicago gang leader:

They’re trying to Al Capone the president. I mean, you remember. Capone didn’t go down for murder. Elliot Ness didn’t put him in for murder. He went in for tax fraud. Prosecutors didn’t care how he went down as long as he went down.

You might wonder why Trump’s supporters believe his legal defense is aided by analogizing him to a murderous criminal. Perhaps the answer is that Capone had several qualities that recommend him to the Republican grassroots base. He was a business owner — or, in modern Republican lingo, a Job Creator. He was an avid Second Amendment enthusiast. And, most importantly, Capone, like Trump, was a victim of the deep state. …

Here she is relying on the well-known legal principle of Anglo-American jurisprudence. You can’t charge Al Capone with tax evasion, and you can’t charge Donald Trump with campaign finance violations. A person can only be charged with their worst crime. And now Trump is prepared to join Al Capone as one of history’s most sympathetic victims of prosecutorial misconduct.