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  •  Holder (9+ / 0-)

    can only indict for Federal crimes, not for state crime of murder.  In other words, the FBI is investigating whether his civil right were violated when he was shot down like a rapid dog in the street.  It may seem like difference without much of a distinction, but the elements of each crime are different.

    In addition, I'm sure that while both investigations are ongoing, the Feds are not going to proceed with filing any federal charges unless and until 1) no charges are filed against Wilson by state authorities or 2) despite evidence of murder at trial after an indictment, Wilson is not convicted.

    In effect, the pattern will play out much like the Rodney King case, where federal authorities waited until the outcome of the state trial before filing their own charges against the police.

    "If you tell the truth, you'll eventually be found out." Mark Twain

    by Steven D on Mon Aug 18, 2014 at 10:25:37 AM PDT

    [ Parent ]

    •  Feds Can and Should Criminally Charge Wilson (4+ / 0-)
      Recommended by:
      ditsylilg, jasan, eddiematrix1, Dem

      if the locals fail to do so, under what is essentially the equivalent of a murder indictment, pursuant to 18 USC 242

      •  They will however wait for the state to act first (2+ / 0-)
        Recommended by:
        Denise Oliver Velez, Oh Mary Oh

        You rarely if ever see the feds jump in to file civil rights violation charges when the state is investigating a possible murder charge.

        One reason is political - it does the federal authorities no favors to be seen to overstepping the local authorities, especially when state criminal law is on the books to deal with the incident in question.

        Another reason is the time and effort it would take.  The DOJ is simply not going to file charges in every possible case because they do not have the manpower - investigators and prosecutors - to file charges in every conceivable case where the federal statute might apply.  Now if the Missouri authorities fail to indict Wilson, then yes, the US District Attorney should file charges as soon as its own investigation is completed, in my opinion.  

        "If you tell the truth, you'll eventually be found out." Mark Twain

        by Steven D on Mon Aug 18, 2014 at 10:48:57 AM PDT

        [ Parent ]

    •  I think that the chances of getting (1+ / 0-)
      Recommended by:
      Denise Oliver Velez

      this killer arrested and brought to a successful trial will allow the feds to intervene for the sake of justice.  Now, the important part after that would be who would they get to be on the prosecution team.

      •  If I understand you (1+ / 0-)
        Recommended by:
        Denise Oliver Velez

        You are stating that you believe the Missouri prosecutors will fail to indict Wilson.  I'm niot sure we can say that will be the case just yet.  They may eff up the prosecution once it is brought, much like the FL prosecutors did in the Trayvon Martin case, but I'm not willing to assume just yet that no state charges will be filed against Wilson.

        Then again, they've screwed the pooch every time so far, so if that is your conclusion about a state indictment, I'm not going to flat out say you're dead wrong.

        "If you tell the truth, you'll eventually be found out." Mark Twain

        by Steven D on Mon Aug 18, 2014 at 10:53:37 AM PDT

        [ Parent ]

        •  There may well be a state (1+ / 0-)
          Recommended by:
          Denise Oliver Velez

          indictment, but getting this prosecuted in a fair manner is doubtful.  Your indication of the Martin case is where I am coming from.  Zimmerman was finally arrested and then acquitted on the charges brought forth in that case.  I actually see the same thing coming in a state indicted case here.  I feel the only course that may give justice to the family may be through a civil rights violation through the federal system.  Even at that, the prosecution team would have to be a hell of a lot better than the one that prosecuted Senator Ted Stevens in Alaska.  The cases are entirely different but if you do not have the bench of prosecutors that can do the job, same shit different day.

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