Monday, December 23, 2019

Donald Trump and Al Capone

The impeachment of Donald Trump will probably be a fait accompli by the time I post this essay. But the process has reminded me of the conviction of Al Capone.

Everyone knew that Capone was responsible for many serious offenses beyond bootlegging. He was clearly at the center of a web of extortion and murder. But the FBI and local authorities felt they had no hope of pinning any of these crimes on him. He existed behind a fog of contrived alibis and forced testimony. It’s been widely acknowledged that Capone ordered the notorious 1929 St. Valentine’s Day massacre in order to eliminate rival Bugs Moran whom he thought was encroaching on his territory. But once again, Capone was like Macavity in the play Cats. There’s a crash, a bang, a shattering of some prized possession. But when you go and look, once again, “Macavity’s not there.” In the same way, Capone was in Florida on that St. Valentine’s Day – nowhere near the scene of the crime.

However, public opinion did turn against Capone after the gruesome violence of the massacre. The FBI increased its push to depose Capone from his throne as kingpin of Chicago crime. They hit on the idea of examining his income tax returns. He could hardly report the millions he was raking in on a regular basis. He couldn’t believably be earning that sort of money by selling second-hand furniture, the profession he claimed on his business cards.

The FBI was able to demonstrate how Capone’s spending, how his lavish lifestyle – indeed couldn’t be accounted for by the returns he reported from his “furniture business.” And so Capone was convicted for tax evasion and was finally neutralized by being put away in federal prisons such as Alcatraz and serving seven years.

It seems to me that Al Capone’s tax evasion is Donald Trump’s Ukrainian bribe. Trump’s withholding of funds from the Ukrainian President contingent on his investigating Hunter Biden’s role on a Ukrainian gas company board is indeed reprehensible. It had some obvious negative consequences in compromising the Ukraine’s ability to combat Russian aggression. It could have had even farther-reaching consequences. Capone’s withholding of tax funds from the public was perhaps somewhat less consequential. Still, failure to pay such a large amount of taxes is reprehensible. Whatever money Capone gave to soup kitchens and to other charities was more than offset by the money he failed to put into public coffers where those funds might have gone much farther to support those in need.

But in neither case were the infractions that the men were charged with the worst of what they had done. In Capone’s case, there were all those intimidations, felonies, and murders. In Trump’s case, there has been the total lack of knowledge about geography, history, the U.S. Constitution, or what constitutes true statesmanship. There has been the rain of random, irrelevant tweets, the schoolyard name-calling, the inconsistency, the illogic, the arrogance, the stupidity.

But it was hard to convict a man of well-deflected crimes and hired hits. It would be almost impossible to convict a man of utter inanity. So in each case, the authorities had to focus on something smaller, something better defined. Your total failure as a human being isn’t prosecutable. The long arm of the law has to pick something graspable. And so the charges are reduced to tax evasion, and the demand of a quid pro quo from the Ukrainian President – respectively.

Isn’t that the way it is with life in general? You yell at your spouse for not putting the cap back on the toothpaste. Well, it’s possible that transgression can itself be a major annoyance. Paste can ooze out over your comb, down the side of the sink, onto the bathmat – necessitating a massive, time-consuming clean-up. But usually the toothpaste cap is just the tax evasion of each individual household.

You can’t yell at your spouse for never helping around the house, at least not with any reasonable expectation of effecting any reform. Although what you’re really angry about is your spouse’s lazy disregard, that’s too big a fault to prosecute.

Similarly, you burst out in grievance after your spouse absented himself and left you to deal on your own with the burly, pugnacious handyman who failed to sand the windowsill before slathering paint over its lumpiness. In that case, what has really disappointed you about your spouse is his cowardice. But that’s too unwieldy a charge to bring to court.

You can reproach your spouse for forgetting your birthday, or for telling a demeaning story about you at a party, or for cheating on you. But you can’t reasonably convict him or her on the vast, intangible basis of being a bad person. You have no recourse against your spouse for being incapable of love.

And so the argument revolves around toothpaste – or a failure to pay taxes – or dishonorable actions in the Ukraine. 

No comments: