Eric Holder, Racial Profiler

Photo Credit: Getty

Photo Credit: Getty

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.

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