Stamp out anything local, anything private. Inject the narrative of an aggrieved minority whenever the opportunity arises. Find targets to demonize. Breed cynicism and create doubt that the motives of anyone other than the overlords are pure.The law of civil rights requires the government to prove beyond a reasonable doubt that the defendant, usually driven by racial prejudice, willfully acted — violently in these cases — with the evil purpose to deprive a person of specific federal rights. Let’s put aside the utter absence of proof that race had any bearing on what happened in Staten Island, for example, where police supervised by an African-American officer came to the scene because of complaints about Garner by local business owners. It is virtually impossible to prove a civil-rights violation when there is no denying that police were engaged in a good-faith arrest and were put in the position of using force because a suspect resisted.In Ferguson, Michael Brown did not merely resist arrest. Having just robbed a store, he was the aggressor in a confrontation with a police officer, who was made to fear for his life. And in Staten Island, there may be a real question about whether one police officer used excessive force under the circumstances; but there is no question that some quantum of force was appropriate in arresting a physically imposing suspect who insisted he would not be taken into custody and waved his arms to prevent the cops from cuffing him.Federal civil-rights cases are much harder to make than state homicide cases. They are supposed to be. They were conceived as a rare federal intrusion on the sovereign police power a state exercises within its territory. When police are engaged in an arrest because a crime really has been committed, and they use force because the suspect really does resist, the claim that they were actually scheming to deprive the suspect of his civil rights is asinine. The time to worry about the deprivation of civil rights, as Messrs. Williamson, Cooke, and Goldbergpoint out, is when progressives enact overbearing laws that criminalize things like untaxed cigarette sales, not when police dutifully carry them out.Eric Holder knows this as well as anyone. The bloviating he is doing today about Ferguson and Staten Island is of a piece with the bloviating he was doing two years ago about Sanford, Fla. As I observed of the Trayvon Martin killing at the time, the attorney general huffed and puffed about bringing a civil-rights case against “white Hispanic” George Zimmerman, but he was never actually going to file one. It would have been even more embarrassing than the trumped-up murder case he and Sharpton browbeat Florida into charging — the one the jury threw out in nothing flat.Holder and his constitutional-scholar boss are not banging the civil-rights drum because they believe these are prosecutable cases. It is just a pretext for unleashing Justice Department community organizers on state and municipal police departments.
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