Why has a federal civil-rights murder investigation arisen out of the tumult in a St. Louis exurb? There is only one plausible reason: Eric Holder is guilty of racial profiling.
To be clear, we are not talking here about whether there was justification for the shooting of a young black man, 18-year-old Michael Brown, by a young white police officer, 28-year-old Darren Wilson. Was the shooting a legitimate exercise in self-defense by an officer under attack? Was it an overreaction for which Officer Wilson should suffer serious civil and criminal consequences? Such questions can only be answered by a thorough and fair investigation, the kind of due process owed to both the victim and the subject of the investigation — the kind that, as National Review’s editors point out, will be tough to mete out with political thumbs pressing on the scales.
Whatever the outcome, though, murder — including homicide caused by a policeman’s application of excessive force — is generally not a federal crime. It is a concern of state law. Only a few categories of murder are within the jurisdiction of federal investigators. In the main, they are far afield from Ferguson: the assassination of a U.S. government official, for instance, or a killing incidental to offenses that have interstate or international repercussions — racketeering, drug-trafficking, and terrorism.
Federal civil-rights laws may be invoked, but only in exceedingly rare circumstances: murders carried out because of the victim’s race, ethnicity or religion (see Section 249 of the federal penal code); or murders carried out by police (or other persons acting “under color of law”) with the specific intent to deprive a person of some federal right or privilege — usually, but not necessarily, motivated by some animus toward race or analogous personal characteristics (see Section 242).
To constitute a civil-rights crime, it is not nearly enough for a violent act to have the “racial overtones” assorted agitators and commentators choosing to frame the case in racial terms contend it does. To justify a federal investigation, the Justice Department must have a rational basis to believe it could prove these invidious and evil purposes beyond a reasonable doubt. That requires compelling evidence, not a farfetched social-justice narrative.
Remember the similarly tragic Trayvon Martin shooting, when Mr. Holder colluded with the notorious Al Sharpton in raising the specter of a federal civil-rights prosecution, pressuring state officials in Florida to file a specious murder indictment. After a jury swiftly acquitted George Zimmerman, Holder was forced to retreat. As he had to have known all along, the evidence of intent to deprive Mr. Martin of his civil rights was non-existent — even weaker than the state’s flimsy murder case.
Well, here he goes again.