United States v. Ojala

1976

Court: US Court of Appeals (8th Cir)

Facts: Ojala was an outspoken critic of the war. Then, somehow, he gets convicted for failing to file his taxes.

Posture: Convicted at trial, appeals.

Issue: Was this a reprisal?

Holding: Prosecuting public figures who announce that they're violating the law is within the allowed degree of disctretion. Affirmed.

Rule: To succeed with a defense of discriminatory prosecution, one must:
  • Show that others similarly situated have not been prosecuted for the same acts
  • Show that the government's selection of the defendant has been in bad faith.

Reasoning: There were certainly lots of failures to file, but this guy announced that he was doing it in protest, thereby inviting the prosecution.

Dicta: