Eric Holder's Zimmerman Fishing Trip

The attorney general plays politics in the Trayvon Martin case.

It didn’t take long for Attorney General Eric Holder’s Justice Department to submit to mounting political pressure following the full acquittal of George Zimmerman.

Just one day after the verdict was read in the Trayvon Martin case, the Justice Department pledged: “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, and whether federal prosecution is appropriate.”

In other words, because Florida’s judicial system is apparently incapable of ensuring justice on its own, a full-throttled federal investigation is needed to uncover any hint of racist beliefs or tendencies in Zimmerman’s past that might support a prosecution under federal hate-crimes or civil-rights statutes.

To fully appreciate just how problematic it is for the Justice Department to devote the manpower, time and taxpayer dollars necessary to venture out on this evidentiary fishing expedition, a brief examination of the law is in order.

Under the applicable federal hate crimes provision (18 U.S.C. § 249) someone who “willfully causes bodily injury to any person… because of the actual or perceived race, color, religion, or national origin of any person” is subject to imprisonment of up to 10 years and a fine. If a death results from the offense, the defendant faces imprisonment “for any term of years or for life…”

In plain English, this means that the Civil Rights Division of the Justice Department, in order to prevail, must be able to prove beyond a reasonable doubt that Zimmerman’s intent was to kill Martin because he was black. Despite what audio film editors at NBC News would like the public to believe, however, there simply is no evidence that Zimmerman’s actions were based on any racial animus. The Florida prosecutors completely failed to convince the jury that racial animus had anything at all to do with what happened in Sanford.

Recently released files from an FBI investigation demonstrate that even the lead police investigator on the case believed that Zimmerman’s actions “were not based on Martin’s skin color” but on his attire and the overall circumstances. The investigation involved interviews of almost three dozen individuals—including Zimmerman’s neighbors and coworkers—yet it revealed no evidence that Zimmerman possessed any prior racial animus or prejudice, much less that racial animus in any way motivated the confrontation with Martin.

The only other option for the Justice Department is to pursue charges under a civil-rights provision (18 U.S.C. § 245) that protects individuals engaged in certain activities—such as applying to a public college, serving as a juror or traveling between states—from “injury, intimidation, or interference” on the basis of their race, color, religion or national origin. This, however, is arguably an even harder case to prove than the original state murder charge, as there is simply no evidence whatsoever that Zimmerman was attempting to interfere with Martin’s involvement in a federally protected activity.

Despite a striking lack of evidentiary support and a case so flimsy that no objective, reasonable prosecutor would pursue it, Attorney General Holder refuses to let an opportunity to inject a political agenda pass him by. Speaking before the national convention of the Delta Sigma Theta sorority in Washington on July 15, Holder declared:

Independent of the legal determination that will be made, I believe 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.

He continued: “We are resolved… 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” (emphasis added).

Regardless of the evidence and the outcome of the investigation, Holder appears to have already decided that racial stereotypes and underlying attitudes motivated Zimmerman’s actions.

None of this should come as any surprise, however, as the Justice Department has been unapologetically taking sides since the very beginning of the case. In 2012, Attorney General Holder wasted no time in heading down to Florida after the shooting to stand with groups demanding the arrest and prosecution of Zimmerman. He praised his close friend Rev. Al Sharpton shortly after Sharpton threatened to take things “to the next level” if authorities failed to arrest Zimmerman.

Records also reveal that the Community Relations Service, a division of the Justice Department, may have been directly involved in assisting anti-Zimmerman demonstrations and marches. The actions of the Justice Department, and the public utterances and actions of Attorney General Holder, are reason enough to question the true motivations behind the federal government’s interest in this case.

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