The New York Times
The Justice Department said Sunday that it was restarting its investigation into the 2012 shooting death of Trayvon Martin to consider possible separate hate crime charges against George Zimmerman.
Mr. Zimmerman, the neighborhood watch volunteer who shot Mr. Martin, was acquitted of all charges by a jury late Saturday.
The federal inquiry, which was started shortly after the shooting last year but had been delayed while the state criminal trial in Florida was under way, was being restarted after civil rights leaders called on the Justice Department to re-examine the case. The leaders said Sunday that they remained convinced that the shooting had a racial element. Mr. Martin, 17, was black.
"There is a pattern of George Zimmerman making dozens of calls to 911 over several years, frequently about young men of color," Benjamin T. Jealous, the president of the NAACP, said in an interview on Sunday. Mr. Zimmerman and his family have defended the shooting as an act of self-defense.
In a statement on Sunday, the Justice Department said that now that the state criminal trial was over, it would continue its examination of the circumstances in the shooting. "Experienced federal prosecutors will determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction," the statement said.
The department sets a high bar for such a prosecution. Three former Justice Department officials who once worked in the department's Civil Rights Division, which is handling the inquiry, said Sunday that the federal government must clear a series of difficult legal hurdles before it could move to indict Mr. Zimmerman.
"It is not enough if it's just a fight that escalated," said Samuel Bagenstos, who until 2011 served as the principal deputy assistant attorney general in the division. "The government has to prove beyond reasonable doubt that the defendant acted willfully with a seriously culpable state of mind" to violate Mr. Martin's civil rights.
Attorney General Eric H. Holder Jr. hinted at those challenges last year.
"We have to prove the highest standard in the law," Mr. Holder said at a news conference in April 2012. "Something that was reckless, that was negligent, does not meet that standard. We have to show that there was specific intent to do the crime with the requisite state of mind."
Criminal charges under federal hate crime law have increased significantly during the Obama administration. Between 2009 and 2012, the Justice Department prosecuted 29 percent more such cases than in the previous three fiscal years. Last month in Seattle, for example, Jamie Larson, 49, pleaded guilty to federal hate crime charges that he beat a cabdriver, who was from India and was wearing a turban.
The increase is in part because of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, enacted in 2009, which removed a requirement that a victim had to be engaged in a federally protected activity, like voting or going to school.
But the Obama administration's Justice Department has been cautious in its use of the expanded law. In 2010, for example, it turned down calls by civil rights leaders to file charges in New York City in the 2006 death of Sean Bell, a 23-year-old black man who was fatally shot by police officers outside a Queens club just hours before he was to be married.
READ FULL SOURCE ARTICLE: 07/14/2013
Editor's Note: Proof positive that the US Department of Justice is race-baiting in nature. The FBI probed the Martin case before the trial in an effort to understand whether of not there were grounds to pursue the action as a hate crime. The FBI report determined that race played no part in the Zimmerman/Martin event. That the DoJ is ignoring its own agency report is stunningly telling...
The BasicsProject.org informational and educational pamphlet series is now available for Kindle and iPad. Click here to find out more...
The New Media Journal and BasicsProject.org are not funded by outside sources. We exist exclusively on tax deductible donations from our readers and contributors.
Please make a tax deductible donation today.