Justice Department faces evidence hurdles in proving Zimmerman bias after verdict

Published July 15, 2013
FoxNews.com

The Justice Department was running into immediate hurdles Monday in its investigation of possible civil rights violations by George Zimmerman in the shooting death of Trayvon Martin -- namely, that after examining the case for more than a year, the evidence has not changed.

Though the department announced after Zimmerman's acquittal that it would consider a possible federal case, previously filed FBI documents show agents have not turned up any accounts that Zimmerman, before the February 2012 shooting, exhibited racial bias. Sanford police detective Chris Serino also told FBI agents last year that he considered Zimmerman as having "a little hero complex, but not as a racist."

Attorney General Eric Holder, in his first post-verdict comments, confirmed Monday during a speech in Washington, D.C., that his department continues to investigate while signaling concern for the position of the Martin family and those -- such as the NAACP -- pressuring the DOJ. He said the department is "mindful of the pain felt by our nation" over the "tragic, unnecessary shooting death" of Martin.

"The Justice Department shares your concern -- I share your concern," Holder said.

He added that the shooting provides an opportunity to speak "honestly" about the charged issues involved in the case, and that "we must not ... let this opportunity pass." Holder even appeared to suggest the possibility of bias in this case, saying it's important to address "underlying attitudes, mistaken beliefs and stereotypes that serve as the basis for these too common incidents."

Still, the attorney general said his department would act in a "manner that is consistent with the facts and the law."

White House Press Secretary Jay Carney indicated that President Obama would keep his distance from the consideration, adding that the merits of the case will be "evaluated by the professionals at the Department of Justice."

But Florida defense attorney Brian Tannebaum told FoxNews.com that the "number one challenge" for DOJ is the evidence, or lack thereof.

"There's been an acquittal. The evidence has not changed. It's not like the feds are going to go in and find more evidence," he said.

Tannebaum said he understands the Justice Department was responding to intense public sentiment, but "I don't foresee it becoming a federal case."

The question of racial bias is key because if the Justice Department were to pursue a federal case against Zimmerman, federal hate-crimes law is one of the few tools the department would have.

The statute itself bars "willfully" causing injury to someone else "because of the actual or perceived race, color, religion, or national origin of any person."

The department has used federal civil rights law before to pursue defendants who had been acquitted at the state level. But in what is perhaps the most famous such case -- the Rodney King beating -- the circumstances were different.

First, there was a highly publicized video of the King beating. No such video of the Martin shooting is known to exist.

Second, the two officers ultimately convicted on federal charges in that case were charged with using or permitting unreasonable force under "color of law" -- this applies only to law enforcement.

The separate federal hate-crimes law applies to both law enforcement and civilians. But it's not clear how the Justice Department could prove racial bias.

Serino, the Sanford detective, told FBI agents last year that after examining the case, it appeared Zimmerman was suspicious of Martin because of his "attire, the total circumstances of the encounter and the previous burglary suspects in the community."

Serino told the FBI that there had been several burglaries in the area, and that gang members in the community "typically dressed in black and wore hoodies."

"When Zimmerman saw Martin in a hoody, Zimmerman took it upon himself to view Martin as acting suspicious," Serino said, while describing Zimmerman as "overzealous." The FBI document was posted on the Smoking Gun website.

McClatchy also has reported on another set of documents that show FBI agents interviewed a dozens of people in the course of probing possible racial bias but nobody would say Zimmerman showed such bias before the shooting.

Still, the Justice Department agreed to requests from NAACP President Benjamin Todd Jealous and several lawmakers to keep investigating the defendant.

"The Department of Justice's Criminal Section of the Civil Rights Division, the United States Attorney's Office for the Middle District of Florida, and the Federal Bureau of Investigation continue to evaluate the evidence generated during the federal investigation, as well as the evidence and testimony from the state trial," the Justice Department said in a statement Sunday. "Experienced federal prosecutors will [now] determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction, and whether federal prosecution is appropriate in accordance with the Department's policy governing successive federal prosecution following a state trial."

The department may find itself in a vulnerable spot, not only because of prior interviews which found no evidence of bias.

Last week, a conservative watchdog accused an obscure agency within the DOJ of helping support the "pressure campaign" against Zimmerman in the wake of the shooting last year. Judicial Watch claimed documents and public accounts showed "extraordinary intervention" by the department in the campaign that eventually led to Zimmerman's prosecution.

The department, however, claims that it dispatched agency representatives to reduce tensions in the community - not to take sides.

The department is under heavy pressure from some groups to pursue the case further.

Rep. Charles Rangel, D-N.Y., and other House Democrats called a press conference on Monday to urge the Justice Department to "conduct an immediate and thorough investigation."

The NAACP started the drive to pressure the DOJ to continue its probe by posting a petition Sunday morning on the website MoveOn.org.

"The most fundamental of civil rights -- the right to life -- was violated the night George Zimmerman stalked and then took the life of Trayvon Martin," the group wrote.

Attorney General Eric Holder plans to speak at the NAACP convention on Tuesday.

FoxNews.com's Judson Berger contributed to this report.

Per Jay Carney
"evaluated by the professionals at the Department of Justice."

Ha, even less evidence that the above exists.

Nothing will stop the (in)Justice Dept from filing charges.. Holder doesn't follow laws anyway - why should a mere trial on GZ slow him down now??

There won't be a trial.

I guess we'll just have to wait and see..

I'd say you're right.

this is more of his ( Holder's)"My People" race baiting horsechit.

They're starting to realize how STUPID this all make's em' look.

Willing to bet they'll (his own) KILL Sharpton, pretty quick.

Sacrifice of sorts, and a better source of re-agitation than this TM / GZ shtick.

....the fire's gone out of it.

GTC

===========

Of course but when the FBI has already filed a finding/report there was no racial bias,I'll stick with "no way"

This is nothing more than appeasement chatter to buy another couple months or until the next scandal diverts everyone's attention away from this done deal.

Where are the Zimmerman supporters seeking the DOJ's investigation into the violation of Zim's civil rights?

If someone starts that petition...turn out the frikken lights on this soon to be dead story.

Holder was already scheduled to give a speech in front of a couple hundred members of a minority sorority today, and would have been remiss if he didn't provide some rote witticisms to garner "oohs" and "aahs" to the audience.

This was pillow talk, nothing more, on his part.

No pain here - other than that already imposed by the blundering idiot in charge (Obummer).

MORE BULL SH-T LIES FROM HOLDER AND THE DOJ.THEY'RE THE 1'S THAT SHOULD BE IN PRISON.SENT THERE TO ALLEVIATE THE TENSION NOT CAUSE ANY,GREAT LIE.

MORE BULL SH-T LIES FROM HOLDER AND THE DOJ.THEY'RE THE 1'S THAT SHOULD BE IN PRISON.SENT THERE TO ALLEVIATE THE TENSION NOT CAUSE ANY,GREAT LIE.

MORE BULL SH-T LIES FROM HOLDER AND THE DOJ.THEY'RE THE 1'S THAT SHOULD BE IN PRISON.SENT THERE TO ALLEVIATE THE TENSION NOT CAUSE ANY,GREAT LIE.

Holder and Obama 2 nigs in the same tree! It's disturbing that Holder still has a job at the DOJ!

I don't know....Holder and his apparatchiks are shameless, and the media will be flying high cover for them if they decide to charge Zimmerman. Of course, it will be a horseshit indictment, with zero chance of getting a conviction, but the purpose of l'affaire Trayvon was always to maumau the black voters, in effect telling them, pay no attention to that Negro in the White House, you are still a victim, brotha!

Going with Steve here.. I wouldn't be surprised at charges. Why not? The entire trial we just went through was baseless, why not distract the ignorant public for another year with a civil trial?

It's not like anybody is going to pursue charges against Holder or the DOJ for malicious prosecution.

I will side with steve since betting oposite of bob has made many a rich man!

Recent press release...

Obama won't do the underhanded race baiting, or skirting due process...
.....He just has those that work for him do it along with Jackson and Sharpton.

White House: Obama won't press DOJ on Zimmerman

The Associated Press
Posted: 07/15/2013 11:46:55 AM CDT | Updated: 58 min. ago


WASHINGTON�The White House says President Barack Obama won't involve himself in decisions by the Justice Department on whether to pursue civil rights charges against George Zimmerman in the shooting death of Trayvon Martin.
White House spokesman Jay Carney says it would be inappropriate for Obama to express an opinion on how the department deals with Zimmerman after the neighborhood watch volunteer's acquittal in the shooting of the unarmed 17-year-old last year.

Critics of Saturday's verdict have called for the Justice Department to step in.

The Justice Department has said it's investigating whether federal criminal civil rights charges are warranted.

Carney would not comment on Obama's view of Florida's "stand-your-ground" law, which gives people wide latitude to use deadly force if they fear death or bodily harm.

sadly, the game plan is that even if they can't make any charges stick, they WILL drag Zimmerman through the mud again They will charge him, make him stand trial, and do their best to (A)placate their core supporters, and (B)destroy Zimmerman.

================

Disregard reality all you like. Many of you run and hide under the blankets with the mere mention of a meaningless threat, anyways.

They won't touch it with a ten foot pole. All they wanted was Obama reelected.

I know. This is about educating the fearful.

I realize this doesn't help Zimmerman, but I truly hope Holder and the DOJ file civil rights charges against Zimmerman. I want this administration to go all in. It would be such an embarrassing result that it would push the 2014 elections further to the right.

Plus, they need to ride the gun control pony while they are at it. This will put the races for several of the seats in further jeapordy for the democrats.

Gov. Scott was just on FOX News and addressed a question as to whether there will be modifications to Florida's "Stand Your Ground" law. He said the issue was raised and the people of Florida and it's legislators will not not allow nor will they allow any no changes to our SYG law.

The DOJ doesn't give a rat's azz if the evidence is there or not! Their overall objective is to financially 'break' Z and in the process make an example out of him....regardless whether or not Z was right in the defense of his life!!

The DOJ doesn't give a rat's azz if the evidence is there or not!
===========

Ummmm...yeah, they do.

What the country is really dying to see is whether Bob will go 0-10 on week 1 of the College football pool.

Can't wait to try!

WTH? I make a comment that I don't think the DOJ has any scruples about prosecuting an innocent man if it furthers their political agenda, and you accuse me of running and hiding under the blankets?

Where'd that come from?

It's getting close Buddy and will be a welcomed break from watching our country circle the schitter.

Not just the DOJ, but the ACLU, Sharpton and don't forget the Azzhole In Chief..

I meant as opposed to looking at what's required before the Feds could even consider a civil right's violation committed by a single person, not connected to the state, after a acquittal premised in self defense and after the FBI has already filed a report, after a year long investigation concluding there was no racial bias.

You think they don't have Motions To Dismiss and sanctions in the Fed courts?

The ACLU is laughing at the DOJ on this one, Lee.

And, can you familiarize me with the Sharpton court? Where does one go to file a criminal charge in the Sharpton court?

Okay, that makes sense. I have no clue as to the federal requirements for filing a civil rights case or how likely they are to get a judge that would dismiss it rather than letting a "jury decide".

But I still won't be surprised if they try. This is the same Holder who told the US Attorney to not file charges for Contempt of Congress or to take it to a grand jury. Holder gives a speech to the NAACP tomorrow, let's see if anything pops up then.

I agree that there will be no DOJ civil rights violation prosecution of Zimmerman. Not that the Obamanation or his fellow traveler, Holder, aren't above doing it, but they just don't have the facts on their side. I think they are just dry humping their radical supporters.

Since this civil rights prosecution appears to only be used when some political group doesn't like the outcome of a previous trial, at what point does the usage of the law become double jeopardy even if the law itself isn't, at least on it's face.
The Supremes can't be that dumb, can they?

That is a great question. The prosecution of a crime Federally, after it has been tried by a State, is not considered double jeopardy.

I was very close to a case in my county where the DOJ put political pressure on local district prosecutors.

The case involved a deputy sheriff that had just witnessed his partner gunned down and killed by a parole violator and career criminal.
Previous to the deputies arriving at the scene, the criminal in question had shot and killed his girlfriend in front of her 5 year old daughter. He was also firing his .44 magnum at the wooden floor beneath the small child's feet because she wouldn't quit crying and screaming because he had killed her mother. Her legs were punctured by long wooden splinters and shrapnel from the gunfire.

After killing the first deputy, the second engaged him, and was hit by a bullet from the criminal's gun, and his return fire resulted in a non fatal wound, and a fatal wound to the criminal. He didn't die right there, so the deputy cuffed him and drug in out the front door of the house and went to find his partner that had circled around back to cover escape from the rear door of the small house.
When the deputy circle the house and found his partner, he discovered his partner dead from a .44 magnum round between the eyes that the criminal had fired.
The deputy then went back around to the front of the house where the criminal was laying face down and cuffed, and rolled him over and used his pistol for the "coup de gr�ce", and ended his miserable life right then and there.... In front of his dash camera in his patrol vehicle.

After reviewing the dash-cam tape himself that night, he saw what was on it, and turned the tape over to the sheriff himself, to face the music.

Given the public support the deputy had from nearly everyone in the whole region, the local D.A. did not think he could pursue charges on the deputy successfully, but the DOJ intervened and said that THEY would prosecute the deputy for civil rights violations because of the man being cuffed at the time of his death, and they could guarantee that several years in the federal penitentiary would follow, with no early parole.

The local D.A. was forced by the DOJ to prosecute the deputy.

The deputy did a year in state prison, and lost his career as a law officer.

The vast opinions of the whole area was that he should have been given a medal, and a large reward for killing the parole violator, skinhead, murderer. But, it didn't work out that way thanks to the DOJ intervention.

True story.

Besides the lack of evidence and GZ being found not guilty if you look at the big picture there's still a lot going on that would politically influence the Justice dept.


1) There could be an investigation regarding the improprieties in the criminal trial. If they find problems with the State even bringing GZ to trial that wouldn't be good.

2) GZ's racially based civil suit against NBC. If he wins this then that's another fly in the ointment for the feds. I think he was slandered but I don't know how he can prove monetary damages or if he needs to. This is something for the experts to comment on.

With these things taken into consideration a failed fluffed up civil rights trial wouldn't turn out well for the administration. They've got more than enough scandals already.

That sounds pretty fair.

Florida's "SYG" Law is what is being put on trial. The media are acting as prosecutors, and the same Florida majority that awarded its electoral votes to Obama will be the Judge.

The FL. Legislature and Governor are the Defense team.

"SYG" Law itself will be branded as "racist" even though it is reported not to have been a factor in the jury's acquittal of Zimmerman.

Better hope the Defense can hold.

SYG can be put under the microscope all they want.

I don't believe it was argued at all. Instructions were for self defense.

If there is, maybe it will be Angela Corey on trial for misrepresentation of evidence in getting the original 2nd degree charge.

I can only hope...........

MM

I am sick of this crap. Tell Obama and all his cronies to take a walk. Holder should be put before a court now. What ever happened to "fast and furious"? What is it going to take to bring these f---ers to justice? I am sick of the rock star President spending our tax dollars like a drunken sailor on leave. Let Zimmerman live his life. Nobody asks for prayers for him, but he is the one that has to live with taking a life, everyday for the rest of his life. They have drug this poor guy thru hell. For what? to stir up a race riot. This is crap!

An insult to squids everywhere.

Anybody know the exact crime Mrs. Zimmerman was indicted for? I know she is reported to have lied about their finances at a bail hearing, and the prosecutor was holding off until G's trial.

In short, can the State get their pound of flesh from her?

IMO Gene, it's pure HS and goes nowhere:
=========

Next up: Florida v. Shellie Zimmerman

Forgotten in the publicity surrounding the jury verdict in the case against George Zimmerman is that a perjury charge against his wife, Shellie Zimmerman, remains active.

According to the State Court docket, the case is scheduled for trial August 21. I have calls in to the prosecutors and defense counsel to confirm this.

The Judge on the case is Marlene M. Alva.

The Criminal Information and supporting Affidavit are embedded at the bottom of the post.

The charge surrounds Shellie�s sworn statements regarding funds available for George�s defense. When it was revealed that George had more money than was disclosed, his bail was revoked and he eventually was released on much higher bond.

I extensively analyzed the allegations in a post on June 13, 2012, Perjury charge against Shellie Zimmerman raises more questions of prosecutorial overreaching.

The main problem with the State�s case, as I see it, is that many of the statements alleged in the Affidavit were matters which were ambiguous or subject of opinion. In order to commit perjury, one has to make a false statement of fact (which is why the feds prefer to go with �obstruction of justice� instead of perjury).

Here�s one example from the prior post:



Q. Other major assets that you have which you can liquidate reasonably to assist in coming up with money for a bond?
A. None that I know of.

What are �major assets�? Isn�t that a matter of opinion? Similarly, what does �reasonably� mean? Isn�t that also a matter of judgment, not a fact? The same lack of clarity accrues to �liquidate.� If the alleged funds already were liquid, the funds could not be liquidated again.

And another:



Q. And you mentioned also, in terms of the ability of your husband to make a bond amount, that you all had no money, is that correct?
A. To my knowledge, that is correct.
Q: Were you aware of the website that Mr. Zimmerman or somebody on his behalf created?
A: I�m aware of that website.
Q: How much money is in that website right now? How much money as a result of that website was �
A: Currently, I do not know.
Q: Do you have any estimate as to how much money has already been obtained or collected?
A: I do not.

Notice the specific wording of the questions and answers. I think the best case for perjury was the response to the question whether �you all had no money.� (added) The way the question was structured, however, the question was whether Shellie previously said that there was �no money,� not that at the time of the question there was no money.

A motion to dismiss the charge on grounds of jurisdicion was denied in February, and the case has been on hold pending the conclusion of George�s case.

Correct me if I am wrong, but isn't that grounds for litigation since Zimmerman has been acquitted?
Particularly since it has been published.

Bob, since Zimmerman wasn't a "state actor," how does the Federal Government even reach him with a civil rights action, i.e., what's the legal basis for Federal jurisdiction over a private citizen vis-a-vis a violation of another citizen's Constitutional rights? These Federal civil rights actions are for cops and such, not folks in the private sector.

It's happened but it's very rare. By rare, I mean perfect planetary alignment. There is a 2012 vid going around today where Holder discussed the extraordinarily high burden they would have in a case such as this. The FBI report came out after his comments, as did the acquittal premised in self defense.

I'm convinced this civil right's charge rant is simply ointment chatter.

Tomorrow, Holder speaks before the NAACP. Unless he's direct in the likelihood of moving forward, my guess is it dies over the next two months, especially as Trayvon's record,texts and pics get leaked to the cyber world.

============

I don't know if they're immune or not,JS. If not immune, it's a great job for West to handle. He truly wants to excoriate a few state prosecutors.

Hope for this might just be holding back the rioters, and by the time they realize it's never going to happen (perhaps six months from now), interest in the Trayvon case will have fizzled.

What I find amazing and I constantly bring up on HuffPo, is that for decades liberals have always preached non-violence. "Violence is never the answer". Now these same people are bending over backward defending Trayvon Martin decision to respond to Zimmerman's follow, with violence first. He could have fled, he could have talked, he could have called for help, and yet he chose to react in a violent manner, but today liberals find that reasonable.

They always did...do as I say not as I do!

Remember, the Feds would have to get through a Fed grand Jury, A Fed Judge and a fed jury. The rules don't change and the shenanigans you saw by the prosecutors in this state fiasco would most likely result in severe sanctions by a Fed Judge,IMO.

This is something more along the lines of Steve's or some of the other lawyers expertise in high profile cases dealing with the Fed system's politics.

I'm simply a drug and sex and low level white collar crime guy at the lower Fed court levels. I've only been involved in 4 high profile cases.

I did love to hear that MOM is a practicing family and criminal law lawyer, though. I'm guessing divorce cases are going to be put on the 2nd page of their website now, however. He just hit the 1000 per hour elite status of criminal defense lawyers.

I'd hire West, though. He was superb in protecting the appellate assignment of errors,imo.

I'm just wondering when the Hispanics will figure out what the dems in general and the current admin in particular truly feel about them, you know, the white Hispanics.

I don't know if Bob got the time right, but he called the rest of the Trayvon Trial spot-on.

Too bad Holder didn't get as indignant and upset at the needless death of BP Agent Brian Terry from his efforts thru Fast and Furious to call for more Gun Control.But then Terry was white and of no consequence to him. The Racists are in the Whitehouse NOW. Magnum Man

I understand that, Pat, although as a matter of simple logic I don't agree with it. But my point is, when it is only used for the exact purpose of trying someone under the same set of facts, it's ludicrous.

I was just reading the relevant portions of the Federal Hate Crime Statute 18 USC � 249 and it appears sufficiently broad to be applied to Zimmerman if they wished to. He's clearly innocent, but if they wished to make his life more miserable by charging him with it, they could under this statute. Naturally, the statute is completely unconstitutional, but that's pretty standard for Federal laws nowadays.

Pay particular attention to the information under (b) Certification Requirement, particularly (C) under (1), and you will see that it lets the Feds reach Zimmerman on a trumped up hate crime charge if they wish. Amazing that such a law has been allowed to be made in the United States. All such matters were left exclusively with the states by the Tenth Amendment.

Anybody really think Obama's crew can't find a hundred people that will swear Zimmerman made raciest statements, even that he wanted to kill some blacks.
Those people make their own rules.

Plus...one has to weigh the likelihood a sitting Fed Florida Grand Jury would even consider a true-bill following the news that's been reported the past few days including the fact that all 6 jurors emphatically agreed race had no role in this dynamic.
======


Holder to audience: �I share your concern� about the Zimmerman case

July 15, 2013 by Allahpundit


I still think it�s 90 percent probable that no federal charges will be filed, but I�ll grant you a 10 percent chance that he brings a case in the full expectation that Zimmerman will be acquitted. That was basically what Corey and the Florida prosecutors did. The first duty of the prosecutor is to cover his/her own ass politically. If charges are filed and the jury acquits, hey � at least they gave it the ol� college try.

Key words here from the Moses of our time: �Unnecessary shooting death.� Is that what the Florida jury found? The confrontation between Martin and Zimmerman was unnecessary, but if you�re letting a guy off on using lethal force in self-defense, by definition you�ve endorsed his view that the shooting was necessary, no?


Of course, as this celebration unfolds, we are also mindful of the pain felt by our nation surrounding the tragic, unnecessary shooting death of Trayvon Martin in Sanford, Florida last year � and the state trial that reached its conclusion over the weekend. As parents, as engaged citizens, and as leaders who stand vigilant against violence in communities across the country, the Deltas are deeply, and rightly, concerned about this case. The Justice Department shares your concern � I share your concern � and, as we first acknowledged last spring, we have opened an investigation into the matter.

Independent of the legal determination that will be made, I believe that this tragedy provides yet another opportunity for our nation to speak honestly about the complicated and emotionally-charged issues that this case has raised. We must not � as we have too often in the past � let this opportunity pass. I hope that we will approach this necessarily difficult dialogue with the same dignity that those who have lost the most, Trayvon�s parents, have demonstrated throughout the last year � and especially over the past few days. They suffered a pain that no parent should have to endure � and one that I, as a father, cannot begin to conceive. Even as we embrace their example and hold them in our prayers, we must not forego this opportunity to better understand one another and to make better this nation we cherish.

Moreover, I want to assure you that the Department will continue to act in a manner that is consistent with the facts and the law. We are committed to standing with the people of Sanford, with the individuals and families affected by this incident, and with our state and local partners in order to alleviate tensions, address community concerns, and promote healing. We are determined to meet division and confusion with understanding and compassion � and also with truth. We are resolved, as you are, to combat violence involving or directed at young people, to prevent future tragedies and to deal with the underlying attitudes, mistaken beliefs and stereotypes that serve as the basis for these too common incidents. And we will never stop working to ensure that � in every case, in every circumstance, and in every community � justice must be done.

�Independent of the legal determination that will be made� sounds to me like he�s preparing people for a letdown. With good reason:

[Some] experts said it would be legally inconsistent for the Justice Department to consider filing criminal charges against Zimmerman under the federal Shepard-Byrd Hate Crimes Prevention Act of 2009. Generally, that law prohibits someone from �willfully causing bodily injury� to another person because of his race, color, religion or national origin.

�If the state jury had been persuaded beyond a reasonable doubt that Zimmerman caused bodily harm to Trayvon Martin because of Martin�s race, it would have almost certainly convicted Zimmerman of second-degree murder, which requires proof of �ill-will� or �malice,�� said Scott Srebnick, a prominent federal criminal defense attorney in Miami. �So, to bring a federal civil-rights prosecution against Zimmerman, the attorney general would essentially be second-guessing the state jury�s verdict as opposed to vindicating a different or broader federal interest.�

It�s not just the jury�s determination that Zimmerman didn�t act with ill will. It�s the FBI�s determination too, as Ed noted this morning. This is why I think Holder will eventually back off, after a few months have passed and this has fallen off the left�s radar: Waiting to prosecute him after the state verdict, with the DOJ�s own police force having found little to support a civil-rights case, would smell too rancidly political even for Obama and Holder. Why chance it? If they want to mobilize lefties with hot-button racial issues, they�ve got the Supreme Court�s Voting Rights Act decision and the amnesty bill to make magic with. We�ll have a better idea of what they�ll do once the first few polls about the verdict come back. If it splits along racial lines, with strong support for Zimmerman among white voters, congressional Democrats in vulnerable jurisdictions will get nervous about a new federal trial and quietly ask O to drop it.

By the way, has any prominent Democrat mentioned the vigilante threats against Zimmerman in passing in their statements about the case? I�m struck by how much of a non-person Zimmerman is in Holder�s statement, even though he�s now been cleared in court, has been smeared relentlessly in the media as a racist contrary to the findings of Holder�s own police force, and both he and his family are living under threat of death. (Obama�s statement yesterday calling for �calm reflection� is as close as we�ve gotten, I think.) I realize he�s the villain in this racial passion play, but he�s a U.S. citizen who committed no crime according to a jury and is being targeted for criminal reprisals daily. Maybe a word or two from �Moses,� however perfunctorily, that Zimmerman�s a human being too and people should respect the process?

Isaac - Looks like MOM is positioning for sanctions and/or malicious prosecution?

I'd like to see MOM and Zimmerman turn all this talk of civil suits back around on the lot of them.

http://news.yahoo.com/zimmermans-lawyer-calls-prosecutors-disgrace-profession-025529776.html

That's for damned sure.

The one thing that strikes me about the talk of "unnecessary shooting" under the pretext of the situation not being that which would cause imminent fear of death or great bodily injury, is that, apparently, we as a country have been pussified as to what actually constitutes a harmless beating, and what is a major azz whoopin.

If only they didn't have all this anti-bullyism stuff in school, kids would be able to get a benchmark on the extent of beatings they should accept as happenstance.

Maybe the school system is to blame.

An armed society is a polite society. Had Trayvon been a polite boy, he'd be alive today. Best to be polite.

Holder, the DOJ, and their minions are implacable foes. Since they have all the money in America to work with, they can, and will, push the envelope legally.
If they lose, they win. If they win, they win. No matter how it works out for the Zimmerman family, they lose.

Emphasis mine.

Spot-on.

Had Trayvon been armed, GZ would be dead. None of us would have heard about it.

Well said. Very true.

He may well have been dead, because a handgun is a more efficient tool for victimization than a fist or a sidewalk, but that doesn't take away from the fact that an armed society is a polite society, because were everyone armed, in short order impolite behavior, like exhibited by Trayvon that night, will result in the elimination of his kind (i.e., the grossly impolite) from the gene pool.

=================

DoJ sending trial balloon about demurring on Zimmerman?

July 16, 2013 by Ed Morrissey



In the aftermath of the acquittal of George Zimmerman, the White House tried to assure angry supporters of the Trayvon Martin family that the investigation would continue. Eric Holder yesterday told a luncheon that �I share your concern� over the �tragic, unnecessary shooting death,� while members of Congress pushed the Department of Justice to take some kind of action to address the situation. Today, though, the Washington Post hears from sources within the DoJ that federal action is all but impossible:


Current and former Justice Department officials said Monday that bringing civil rights charges against George Zimmerman in the shooting death of Trayvon Martin, an unarmed black 17-year-old in Florida, would be extremely difficult and may not be possible.

Attorney General Eric H. Holder Jr. vowed to continue a federal investigation of the matter, but other officials said in interviews that the government may not be able to charge Zimmerman with a federal hate crime because it�s not clear that he killed Martin because of his race.

The weakness of the evidence compounds the political problems facing President Obama and Holder, who are under mounting pressure from many liberal and African American groups to bring a federal case against Zimmerman after a Florida jury acquitted him Saturday of second-degree murder and manslaughter.

Actually, it�s more clear that race was not a motivating factor. The FBI determined that already in its report, picked up by The Smoking Gun and published over the weekend. One of the jurors in the case emphasized that last night in an interview with Anderson Cooper on CNN:


The six-member jury that acquitted George Zimmerman did not believe race played a role in the shooting death of Trayvon Martin, the first juror to speak publicly about the trial said Monday night.

The juror, identified only as Juror B37, told CNN�s Anderson Cooper that she and the other jurors believed the screaming voice captured on a 911 recording belonged to Zimmerman, and lent little credibility to a key witness who spoke to Trayvon on the phone before he died. �

So far, however, the FBI has found no evidence that racial bias was a motivating factor in the Feb. 26, 2012, shooting. Agents investigating the case last July determined that Zimmerman had not expressed racial animus at any time before the confrontation with Trayvon in a Sanford housing complex.

That eliminates the hate-crime lever for federal intervention in the case. The jury and the DoJ�s own investigation both concluded that Zimmerman didn�t have the kind of animus required by those statutes, and a further prosecution would not only yield the same reasonable-doubt acquittal � especially after introducing the exact same weak case that the state of Florida had � but also will create even more political damage from its failure.

Generally speaking, anonymous sources from any administration that appear in the Post or the New York Times fall into two categories: whistleblowers and launchers of trial balloons. The latter get sent out to their contacts in the media to release sensitive information on the administration�s terms. That seems to be the purpose of this leak, too. After stoking expectations for forty-eight hours of some kind of meaningful action by the administration, the DoJ appears to be casting a healthy dash of cold water on those prospects.

Bloomberg�s editorial board expresses indignation over the result of the trial, but warns the DoJ to back off:


Now that a Florida jury has acquitted George Zimmerman of second-degree murder in the shooting of Trayvon Martin, the U.S. Department of Justice has resumed its inquiry into whether Martin was the victim of a hate crime. The investigation may be necessary and even worthwhile. The answer to the question of whether Zimmerman should be retried in federal court, however, is clear: No.

The Justice Department�s civil-rights investigation, which was put on hold while Zimmerman�s criminal trial was under way, could theoretically uncover new information. And a federal case against Zimmerman might provide a brief catharsis for millions of Americans outraged that an unarmed teen was shot dead, without any criminal penalty imposed on the man who pulled the trigger.

But outrage is not a legal strategy, and catharsis is not something the justice system is especially well-equipped to provide. Pursuing a federal case would ultimately prove both unproductive and unwise.

The DoJ has already conducted an investigation into those issues and come up empty. As Zimmerman was not acting as an agent of the state, there is a good argument that the DoJ doesn�t have a role in this kind of case in the first place, especially after the state has prosecuted for the core act and lost. It�s time to take this advice and end the discussion.

If so, I bet this REALLY ticks off the AIC.. He was pizzed when he couldn't get more gun control.. He'll be just as pizzed that he won't get any race charges on GZ.

But in reality - it ain't over till it's OVER..

Hoping you're more right on this than you were on Snowden being a Chinese spy.

Just don't know if Obama/Holder are willing to do the proper thing under the law and as a result have the news cycles go back to covering all the scandals and poor economic news for the next year leading up to mid-term elections.

Spy? He's certainly a criminal and a traitor so don't know why you're going there. Lastly, he's seeking asylum in Russia as we speak.

You going to send him a housewarming present?

Or it's a deflection morphing into we did our best but Congress needs to act to protect our black youth. The Black Caucus would be on board as well as the other usual suspects. Pretty brazen but that hasn't stopped them yet. On the state level they are already twisting it against stand your ground, which is a non sequitur.

On the state level they are already twisting it to repeal stand your ground
====================

The Governor (Scott) appeared on TV yesterday and said that issue is dead. What evidence do you have to the contrary?

Had Trayvon been armed (assuming with a pistol), it would have been illegal since he was a Juvenile.

MSM, it's been all the chatter on MSNBC and not so much on CNN. In the political arena, not legal.

Just a poster of Stevie Wonder refusing to do concerts unless SYG is repealed, with a picture of Trayvon talking to Jaba da Hut, with the lyrics "I just called to say, There's a creepy ass cracker following me" under it.

This.

The Administration has gotten all the mileage it can from this, and wants to leave the stink behind.

Just going there because you were absolutely convinced I was an idiot for saying he wasn't in the pay of the Chinese when he was sitting in Hong Kong.

Now you're absolutely convinced I am an idiot for thinking that the DOJ may press forward with civil rights charges due to a political agenda.

I'm just hoping you're more right this time.

And you still don't know if he was or not. Do you somehow think you were proven correct by some passage of time? You have no clue whether he was or not being led and paid by the Chinese. You do know he's a criminal and a traitor.

Plus, if everything came out about the little dickens he wouldn't be able to go out as a martyr.

Never said Snowden wasn't a criminal.. in fact I specifically said he definitely didn't follow the legal pathway required to claim whistleblower status and thus was definitely guilty of crimes. But traitor? Dunno. Almost all of what he's exposed has been what the government is doing to it's own citizens. Is a person a traitor for doing that? I've always reserved the word traitor for people who sell out or betray their country to foreign interests. You know, that committing war against the US or giving aid and comfort to it's enemies? Exposing the fact that the NSA has records on everybody that your law office or any judge or politician or high priced hooker has called, and that poorly vetted consultants can access it easily is hardly giving aid and comfort to China or North Korea or Iran. Jury would have to resolve that issue.

Regardless, he's now seeking asylum with Russia. I can't figure the angle for the Chinese to send one of their spies with tremendous amounts of information on the US up to Russia. But apparently I'm just an idiot and it will all come clear in the end.


As to civil rights charges.. No need to get worked up about whether the DOJ will press charges or not on Zimmerman. Just sit back and wait a couple weeks and we'll see. This is just an intellectual exercise regarding the moral character of our current administration, not like we're discussing football which is a serious issue.

Only if the government is in the midst of a war against the US Citizenry, which it appears that it is. This makes him a traitor to the government side of that war, and a patriot to the Citizenry side of that war.

Absolutely SPOT ON...