We have a Department of Justice, not a Department of Social Justice. That is an essential distinction. It is brought into sharp relief by politicized demands that George Zimmerman, having just been acquitted of murder by the state of Florida, be subjected to a second prosecution — a federal civil rights indictment — over the shooting death of Trayvon Martin.
The Justice Department has earned the trust of the United States courts precisely because it resists the politicization of law enforcement. Its tradition is to ensure the equal protection of law for every American, to evaluate cases strictly on the basis of facts and law, and to recognize its obligations not only to the community but also to criminal suspects.
Yet, though Attorney General Eric Holder never tires of reminding us about the due process owed even to foreign terrorists who’ve confessed to mass murder, the principle does not seem to apply to Zimmerman, an American now acquitted of murder.
Even if the Justice Department never files criminal charges against Zimmerman — which is likely given the implausibility of obtaining a conviction — it is extremely inappropriate for law enforcement officials, particularly the U.S. attorney general, to engage in a running extrajudicial commentary that taints the jury pool and ratchets up the investigative anxiety for a citizen who is presumed innocent and has been acquitted. Law enforcement officials speak in court — with public charges, if prosecutors have the evidence to back them up.
The justice system is not a morality play. It is not designed to right every wrong, nor has it the capacity to remediate tragedy, such as the indescribable pain the Martin family endures after the loss of their 17-year-old son. In the face of such tragedy, the human instinct to demand some kind of “justice” — social, poetic or cosmic — is something we all feel. But that is not the justice our legal system exists to dispense.