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Attorney General Holder Has a Compelling Reason to Consider a Zimmerman Prosecution
The Hutchinson Report News ^ | July 14, 2013 | Earl Ofari Hutchinson

Posted on 07/14/2013 3:53:35 PM PDT by 2ndDivisionVet

The moment George Zimmerman was acquitted the NAACP and the Reverend Al Sharpton immediately called on U.S. Attorney General Eric Holder to bring civil rights charges against him. The Justice Department has already conducted an exhaustive investigation to determine whether Zimmerman killed Martin out of racial animus. It found no evidence of that. That’s one hard and fast requisite for a civil rights prosecution. The other is that the state so bungled the prosecution of a defendant that in effect it nullified the intent of the law, namely to insure that justice was truly served. On the surface, this doesn’t appear to be the case with Zimmerman.

Still, the call for Holder to strongly consider a federal prosecution is the right call. There are several factors within federal law that federal prosecutors must look at to determine whether there is a “compelling interest” in a second prosecution of a defendant who’s been acquitted in a state court. It must involve a substantial federal interest, the state prosecution must not have vindicated that interest, the government must believe that the defendant's conduct could constitute a federal offense, and that there is still sufficient evidence against the defendant that the government can obtain a conviction.

There are clear elements of each of these hard federal prosecution requirements in the Zimmerman case. The compelling interest is probably the easiest of the requisites to satisfy. The defense and prosecution agreed that Martin did not commit a crime, was not even suspected of a crime, and was on a public thoroughfare when he was killed. The right to freedom of movement without the danger of undue harm is a fundamental right that’s enshrined in constitutional law and public policy. It’s inviolate. The courts have repeatedly upheld a citizen’s right to freedom of access and movement in public places.

Though there was no apparent racial motive in Zimmerman’s confronting Martin, his action clearly violated Martin’s right to exercise his freedom of movement. This directly impacts on an individual’s right to life and liberty. This civil right was violated the moment Zimmerman presumed that a young black man walking on public sidewalk had committed a crime. The safeguard of that right must be a fundamental concern of federal prosecutors.

The Martin case also strongly pointed to systemic issues of excessive force, the excessive force being the slaying of Martin. This strikes to the heart of another basic right of citizens, namely the right to life and liberty, and again the freedom from undue harm. There was audio evidence that strongly hinted that it was Martin who was screaming for help and therefore was under physical assault from Zimmerman. Therefore it was his life, not Zimmerman’s, that was in mortal danger. This is sufficient cause for federal prosecutors to question whether the jury ignored the fact that Martin was the victim, and Zimmerman was the assailant. This is one of the basic ingredients in determining whether the jury nullified a compelling prosecution fact.

The Martin case raised deeply troubling questions about the power of the law to protect citizens from their unimpeded right to life and safety. Federal prosecutors play a major role in insuring that where there’s the suspicion that an individual's rights might have been violated solely because of their race and gender that the power of federal law is brought to bear to insure that that right is protected.

Zimmerman was not a police office and did not abuse his power in killing Martin under the color of law. However, he was acting in a quasi-legal capacity as a one-time neighborhood watchman who had close ties and collaboration with local law enforcement. This in effect bestowed on him the presumption of authority to take action to stop and question an individual he considered a crime suspect. This was the rationale that federal prosecutors used in the Rodney King beating case to bring civil rights charge against the four LAPD officers that beat King. The linchpin was that they acted in an official capacity when they violated King’s rights.

The Justice Department scrupulously tries to avoid a dual prosecution of a defendant acquitted in a state court. It goes to great lengths to shield itself from the charge that it’s bowing to media or public pressure to prosecute. This is why the percentage of civil rights prosecutions it authorizes is infinitesimally low. Yet in the Martin slaying there are crucial federal interests in insuring the rights of individuals to be free from undue harm because of their color, age, and being in a public area merely because someone perceives they shouldn’t be in and then acts on that perception with no cause other than that belief or perception.

If the Justice Department gives serious consideration to the civil rights violations in the Martin case, it will again send the strong message that civil rights violations will always be subject to full and public scrutiny by federal prosecutors. This is exactly why Attorney General Holder has a more than compelling reason to consider a Zimmerman civil rights prosecution.


TOPICS: Heated Discussion
KEYWORDS: blackkk; ericholder; florida; georgezimmerman; obama; prosecuteholder; trayvon; trayvonmartin; zimmerman; zimmermanverdict
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Political analyst Earl Ofari Hutchinson author of America on Trial: The Slaying of Trayvon Martin (Amazon Kindle) will discuss the campaign for a Justice Department prosecution of Zimmerman on the nationally syndicated Al Sharpton Show on Monday, July 15 at 1:00 PM EST. Check local listings.
1 posted on 07/14/2013 3:53:35 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

This is rich considering the FBI did an investigation last summer and concluded that GZ did not act out of racism.


2 posted on 07/14/2013 3:56:16 PM PDT by KC_Conspirator
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To: 2ndDivisionVet
It's come down to book sales?

WOW!!!!

3 posted on 07/14/2013 3:57:14 PM PDT by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: 2ndDivisionVet

The compelling reason is that Zim has been positively ID’d as a Creepy Ass Cracker.


4 posted on 07/14/2013 3:58:08 PM PDT by Paladin2
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To: KC_Conspirator

This idiot author admits that, but says Holder should do it anyway. It’s a schizo article.....from what I gleaned...


5 posted on 07/14/2013 3:59:03 PM PDT by C. Edmund Wright (Tokyo Rove is more than a name, it's a GREAT WEBSITE)
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To: 2ndDivisionVet
If the Justice Department gives serious consideration to the civil rights violations in the Martin case, it will again send the strong message that civil rights violations will always be subject to full and public scrutiny by federal prosecutors. This is exactly why Attorney General Holder has a more than compelling reason to consider a Zimmerman civil rights prosecution.

UNMITIGATED BULLSHIT!!

6 posted on 07/14/2013 3:59:38 PM PDT by GoldenPup
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To: KC_Conspirator

Zimmerman himself has a history of standing up for the rights of those less fortunate than himself.


7 posted on 07/14/2013 3:59:58 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: 2ndDivisionVet

The trouble is, nobody trusts Holder. Many Americans see him as a racist bigot.


8 posted on 07/14/2013 4:01:48 PM PDT by FlingWingFlyer (Keep your powder dry.)
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To: 2ndDivisionVet

not one iota of evidence said GZ was guilty


9 posted on 07/14/2013 4:03:48 PM PDT by GeronL
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To: 2ndDivisionVet

If you want to destroy American start with not giving a $hit about the laws or the Constitution.


10 posted on 07/14/2013 4:04:07 PM PDT by Rappini (Veritas vos Liberabit)
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To: KC_Conspirator

The author is an ass.

Martin did not commit a crime?

Since when is jumping a person on a dark night and beating the crap out of him not a crime?


11 posted on 07/14/2013 4:05:02 PM PDT by old curmudgeon
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To: C. Edmund Wright

because his book would sell better


12 posted on 07/14/2013 4:05:02 PM PDT by GeronL
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To: GeronL

...no doubt.....no one will read his books, but a bunch of other liberal professors will order it for their students......


13 posted on 07/14/2013 4:06:09 PM PDT by C. Edmund Wright (Tokyo Rove is more than a name, it's a GREAT WEBSITE)
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To: 2ndDivisionVet

With enough blather, nothing is outside the scope of federal control.
Not even the most mundane self defense act.


14 posted on 07/14/2013 4:07:21 PM PDT by ctdonath2 (Making good people helpless doesn't make bad people harmless.)
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To: 2ndDivisionVet

I hope they do go after him for civil rights violations. The trial would be a laughingstock for the arch-racist Holder, and the not-guilty verdict would be returned even faster. One more (of many) data point of incompetence for this corrupt Administration.


15 posted on 07/14/2013 4:07:33 PM PDT by Flightdeck (IMPEACH and CONVICT)
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To: 2ndDivisionVet
It must involve a substantial federal interest, the state prosecution must not have vindicated that interest, the government must believe that the defendant's conduct could constitute a federal offense, and that there is still sufficient evidence against the defendant that the government can obtain a conviction.

What a pantload of HS. No matter what they gin up the feds can't obtain a conviction --

16 posted on 07/14/2013 4:09:19 PM PDT by Uncle Chip
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To: FlingWingFlyer

Got that right


17 posted on 07/14/2013 4:09:56 PM PDT by jumperbones (The memories of a man in his old age, are the deeds of a man in his prime.)
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To: 2ndDivisionVet

It is hard to imagine that these people don’t know how to read. I can’t bring myself to think they’re that stupid.

Therefore, they are so partisan that, even know the truth, they push any opportunity they see to advocate an agenda at a particular time and place.

They know that the idea of Zimmerman preventing free movement or the right to life and safety is just so much sophistry.

What’s the other hand doing? Generally I’d say follow the money. However, in the same way as knowledge is power, so money is power. Follow the money, but also follow the power.


18 posted on 07/14/2013 4:10:18 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: 2ndDivisionVet

I have an even more compelling reason to call this writer a moron.


19 posted on 07/14/2013 4:11:34 PM PDT by gov_bean_ counter (Romans 1:22 Professing themselves to be wise, they became fools,)
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To: 2ndDivisionVet

When are people going to stop calling that racist little son of a bitch “Reverend”?


20 posted on 07/14/2013 4:12:01 PM PDT by metesky (Brethren, leave us go amongst them! - Rev. Capt. Samuel Johnston Clayton - Ward Bond, The Searchers)
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To: C. Edmund Wright

You are right. I thought you said psycho but schizo will do. There are many glaring false premises, such as this happened on a “public thoroughfare”? No, it was inside a private gated community and George was a block watch captain there. Travon did not establish any right to be there. He was not derailed in his passage through the place. George had the right to ask him what he was up to.

Next, Defendant did NOT admit Travon committed no crime. When he bull rushed George and broke his nose he committed a felony, way before the gun came out.

The giving of platforms to these clowns is outrageous


21 posted on 07/14/2013 4:14:28 PM PDT by shalom aleichem
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To: 2ndDivisionVet

“The defense and prosecution agreed that Martin did not commit a crime, was not even suspected of a crime, and was on a public thoroughfare when he was killed...”

Hey, the evidence - as presented in court and used by the jury - would indicate that Martin DID commit a crime. His attack on Zimmerman is “Aggravated Assault.” Zimmerman was retreating and - it is obvious to me - that Martin viciously attacked Martin and used unnecessary force to the point that Zimmerman was placed in the unenviable position of having to resort to deadly force to defend himself against a large, muscular 17 year old man-boy that was beating him without mercy. Martin had the rational option to run away...he did not...he chose to attack Zimmerman who was retreating.

There is NO violation of federal civil rights in the case by George Zimmerman. However, Trayvon Martin DID violate Mr. Zimmerman’s rights.

President Obama and AG Holder are both insufferable asses if they (to use what one key player said) turn a “tradigy into a travesty.”

This case of OVER and it needs to be dropped. Those that keep stirring this up are insurrectionists and quite possibly enemies of the state, and should be treated as such.

Oh, and our - never let an opportunity to politicism - POTUS is now using this case as a call for more suppression of 2nd Ammendment rights.


22 posted on 07/14/2013 4:15:54 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: 2ndDivisionVet
Earl Ofari Hutchinson illustrates the Founders brilliance in requiring a jury of peers, and an impeachment process.
23 posted on 07/14/2013 4:15:55 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: 2ndDivisionVet
Ok, here are the key points (with rebuttals) as I see them:

The defense and prosecution agreed that Martin did not commit a crime,

Is that really the case? It seems to me that Martin was the one committing battery on Zimmerman by beating him in the face. We may be talking legal technicality here, since no one can actually prove who started the fight ...

his action clearly violated Martin’s right to exercise his freedom of movement.

I've seen no evidence that Zimmerman physically blocked Martin's movement. Unless you count blocking Martin's fist with his face. They may mean that Zimmerman, by his presence, intimidated Martin in a way that had the effect of blocking his movement. If that's the argument being made, then the whole concept of Neighborhood Watch goes right out the window.

There was audio evidence that strongly hinted that it was Martin who was screaming for help and therefore was under physical assault from Zimmerman.

This amounts to a he said/she said situation, right? Martin's family/friends said it was Martin, Zimmerman's family said it was Zimmerman. Except that Martin's family all listen in as a group, which would act to corrupt the validity of the testimony.

However, he was acting in a quasi-legal capacity as a one-time neighborhood watchman who had close ties and collaboration with local law enforcement.

This is a point on which I said the Feds might have a good avenue to pursue. Don't know whether it would hold up in court (I doubt it would), but as with the "Freedom of Movement" argument above it would severely damage, if not outright kill, the Neighborhood Watch concept.
24 posted on 07/14/2013 4:20:27 PM PDT by tanknetter
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To: 2ndDivisionVet

Was Damion “Football” Williams prosecuted for civil rights charges for smashing the head of a white truck driver?


25 posted on 07/14/2013 4:20:32 PM PDT by Alex in chains
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To: 2ndDivisionVet

Still if I were GZ, I’d take this opportunity to see the world, find a nice place to live as an ex-pat for 10 or 15 years.


26 posted on 07/14/2013 4:20:42 PM PDT by bigbob
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To: 2ndDivisionVet

This article is so full of crap it violates EPA regulations.


27 posted on 07/14/2013 4:22:57 PM PDT by <1/1,000,000th%
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To: 2ndDivisionVet
The defense and prosecution agreed that Martin did not commit a crime, was not even suspected of a crime, and was on a public thoroughfare when he was killed.

Wow. Telling a person he is going to die and then knocking that person to the ground and beating his head on a concrete sidewalk in order to make good on the promise is not a crime in Florida. I think I shall check to see if it is okay in California.

28 posted on 07/14/2013 4:24:10 PM PDT by Homer_J_Simpson ("Every nation has the government that it deserves." - Joseph de Maistre (1753-1821))
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To: 2ndDivisionVet

You’d think that if Holder filed civil rights charges or Martin’s family brought a wrongful death suit, either one, the jury in either of those cases would get to hear all the ^^^^ which was disallowed for this trial, including Martin punching out a school bus driver and being suspended from school for having burglary tools and women’s jewelry in his locker...


29 posted on 07/14/2013 4:24:40 PM PDT by varmintman
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To: 2ndDivisionVet
Judge Alex was just asked about Civil Rights charges on Fox News. He said there is no way Civil Rights charges would apply because Zimmerman was not acting as an agent of the state like the cops in the Rodney King case. He said DOJ would have to go after Zimmerman on hate crimes charges instead and the bar was extremely high, DOJ would have to prove not only that Zimmerman had a history of racism, but that he specifically targeted Trayvon because of a hatred for blacks.
30 posted on 07/14/2013 4:25:45 PM PDT by apillar
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To: 2ndDivisionVet

Earl Ofari Hutchinson

31 posted on 07/14/2013 4:26:34 PM PDT by re_nortex (DP - that's what I like about Texas)
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To: bigbob

First go though the slander lawsuits and get the money. Then, change name, lose the weight, get some minor plastic surgery. Go out west and hide out for a couple of years on a small ranch / farm. Start a new life as a college student in a small college. Perhaps after 2 to 4 years he can then enter a profession and re-enter society as someone else.


32 posted on 07/14/2013 4:30:58 PM PDT by taxcontrol
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To: apillar

Meanwhile the democrats are chattering about the need for stronger laws against racial profiling. (Also something the government has no authority over in the private lives of Americans)


33 posted on 07/14/2013 4:31:54 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: 2ndDivisionVet
(from the article) ~:" Though there was no apparent racial motive in Zimmerman’s confronting Martin, his action clearly violated Martin’s right to exercise his freedom of movement. This directly impacts on an individual’s right to life and liberty. This civil right was violated the moment Zimmerman presumed that a young black man walking on public sidewalk had committed a crime. "

Right ! Trayvon was a saint !
Ask his mom ! Ask his dad !

Then go to :The Curious Case Of Trayvon Martin's Backpack With Stolen Jewelry
at : http://www.freerepublic.com/focus/f-chat/3042856/posts

St tray wouldn't do drugs , commit assault, be involved with MMA punches , or intiate an assault
but whatever you do , don't check out his cell phone with a double stealth password ,
which assure ownership and usage !
It might destroy the political and especially the media version of St Tray that we have all seen on TV ...
..and find the real human being turning into a thug and a criminal!
that his parents never knew !!

34 posted on 07/14/2013 4:32:26 PM PDT by Tilted Irish Kilt (“Freedom is never more than one generation away from extinction.” - Ronald Reagan)
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To: 2ndDivisionVet

This civil right was violated the moment Zimmerman presumed that a young black man walking on public sidewalk had committed a crime.


Stupid. Beyond. Words.


35 posted on 07/14/2013 4:33:31 PM PDT by Stingray (Stand for the truth or you'll fall for anything.)
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To: C. Edmund Wright
It’s a schizo article.....from what I gleaned...

Yeah.

Part stupid and part dumb.

36 posted on 07/14/2013 4:33:36 PM PDT by Flycatcher (God speaks to us, through the supernal lightness of birds, in a special type of poetry.)
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To: Flycatcher

touche...


37 posted on 07/14/2013 4:36:47 PM PDT by C. Edmund Wright (Tokyo Rove is more than a name, it's a GREAT WEBSITE)
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To: 2ndDivisionVet

Probably some of the same phonies who were babbling: “If you see something, say something,” only a few short months ago.

I didn’t read the entire long article, but acting as if Trayvon’s freedom of movement in a public place was violated is nonsense. He moved freely all around the complex and then turned back and confronted Zimmerman of his own volition.


38 posted on 07/14/2013 4:37:50 PM PDT by Will88
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To: 2ndDivisionVet

GZ claimed self defense and a jury agreed. All one needs to ask ones self is who was George defending himself from?


39 posted on 07/14/2013 4:41:55 PM PDT by ez (Muslims do not play well with others.)
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To: 2ndDivisionVet

Too many words. This article could be summed up as, check your intelligence at the door and remember trayvon was black and Zimmerman is sort of white.


40 posted on 07/14/2013 4:42:11 PM PDT by Yogafist
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To: 2ndDivisionVet

What is the evidence that Zimmerman confronted Martin?

None.


41 posted on 07/14/2013 4:44:21 PM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: shalom aleichem

He’s suggesting the Feds have to step in and re-try the case because the prosecutors botched it. BS. The experienced prosecutors gave it their best shot. They just didn’t have enough evidence to support any theory of the case.


42 posted on 07/14/2013 4:45:50 PM PDT by Procyon (Decentralize, degovernmentalize, deregulate, demonopolize, decredentialize, disentitle.)
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To: 2ndDivisionVet
The defense and prosecution agreed that Martin did not commit a crime

Flat out lie. He committed, at least, battery.

43 posted on 07/14/2013 4:49:13 PM PDT by DManA
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To: KC_Conspirator

Even this author admits there was no racial motive! And he equates neighborhood watch with the LAPD.


44 posted on 07/14/2013 4:52:10 PM PDT by Williams (No Obama)
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To: 2ndDivisionVet

Let’s face it a federal trial here can only be because our government is being run by black racists.


45 posted on 07/14/2013 4:53:12 PM PDT by Williams (No Obama)
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To: 2ndDivisionVet

Hutchinson is confused - he appears to want Holder to try the “Stand Your Ground” law and find it guilty of Impinging Upon Blackness, not to actually retry George Zimmerman for anything.


46 posted on 07/14/2013 4:56:59 PM PDT by Mr. Jeeves (CTRL-GALT-DELETE)
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To: 2ndDivisionVet

What compelling reason? Trayvon Martin is Obama’s illegitimate son. Come now the punk was no better than a New Black Panther adherent. Lets face it Holder has to protect yet another terrorist, thug, malcontent, deviant and so on and so forth.

The piece of scum is dead. Zimmerman was freed of any wrongdoing!

Move on Feds Move on. Got bigger things to do - Benghazi, IRS.

Duh i get it the low information voters need to get emotional about something.

Hey in Chicago an female honor student was shot and killed several months ago. What about the justice there?


47 posted on 07/14/2013 5:02:20 PM PDT by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: 2ndDivisionVet

Swap the names everywhere and it might make sense. But TM is dead so no point having a civil rights investigation into his actions.


48 posted on 07/14/2013 5:05:09 PM PDT by pas
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To: cripplecreek

What is “profiling” and why on earth should it be illegal?


49 posted on 07/14/2013 5:07:42 PM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Will88

Probably some of the same phonies who were babbling: “If you see something, say something,” only a few short months ago


Apparently that is now a no no! If you see something and say something that shows “ill will” and profiling.


50 posted on 07/14/2013 5:15:43 PM PDT by RginTN
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