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Justice  /  Antecedent

A 19th Century Case That Holds a Lesson for the Trump Trials

Fairly applying the rule of law to powerful politicians provides the stability that enables the U.S. to thrive politically and economically.

Good-government advocates knew that if a small band of insiders could extract short-term profits from the economy through corruption and cronyism it might prevent New York City from achieving its goal of becoming a truly global city, one that would attract industry and immigrants, and provide a sustainable economy that lifted all boats. Prominent lawyer Samuel Tilden (who would later serve as New York’s governor), argued that it would be impossible for the city to remain as the center of “commerce and capital for this continent,” unless it had “an independent Bar and an honest judiciary.”

Some institutions and activists fought against the status quo. Muckraking journalists from the New York Times worked to expose Tweed’s corruption. The investigation uncovered overwhelming evidence that Tweed was siphoning millions from city tax coffers. Most famously, the Times revealed that Tweed’s allies handed out contracts to his cronies to decorate the “Tweed Courthouse” in all manner of wildly expensive finery, from lavish carpeting to elaborate fireplaces and a large and elegant skylight.

In 1871, the public pressure from the media, good government groups, and the legal profession to prosecute Tweed for corruption and what was then called forgery — that is, falsifying documents — became irresistible. Once he was indicted, some of the nation’s most well-known lawyers lined up both to prosecute and defend him, and the media breathlessly covered the criminal proceedings against him closely.

Recognizing the stakes, the legal system and the media embraced the rule of law, and rejected the corruption that had reigned for decades. The New York Times argued that Tweed’s prosecution offered a chance for New York City to rid itself of corruption, attract business and finance, and show new immigrants that America was a beacon for those fleeing despotism in other parts of the world.

Although Tweed’s first trial ended in a mistrial, prosecutors tried him again, the jury convicted him on multiple counts of corruption, and the political boss was carted off to jail.  His influence had not fully waned, however, and the friends he maintained in high and low places enabled his escape from prison. Tweed absconded to Europe, but, probably because of his notoriety, he was recognized, arrested, and extradited to the U.S. He eventually died in prison in 1878.

Tweed’s conviction transformed the legal system, recommitting it to the rule of law. The removal of corrupt players from the government and the judiciary served as one of the accelerants of economic development that allowed New York to emerge as a modern global city.

Today, the legal system faces a similar challenge as Trump confronts four separate sets of criminal charges, in addition to civil litigation — even as the Republican Party prepares to nominate him again for president.