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US Justice Department to review BART shooting [For Obama, Holder, Race Always Trumps EVERYthing]
ABC News ^ | 07/09/10 | Staff

Posted on 07/09/2010 7:37:56 AM PDT by KentTrappedInLiberalSeattle

The U.S. Department of Justice will conduct an independent review of the Johannes Mehserle case in order to determine whether or not the shooting merits federal prosecution, according the department.

"The Justice Department has been closely monitoring the state's investigation and prosecution," the department said in a statement.

"The Civil Rights Division, the U.S. Attorney's Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state's prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution."

Congresswoman Barbara Lee, D-Oakland, said she has been in touch with the justice department.

"I remain in close contact with the Department of Justice and will continue to work with them, the family and the community in the days ahead," she said in a statement.

(Excerpt) Read more at abclocal.go.com ...


TOPICS: Crime/Corruption; Culture/Society; Editorial; Front Page News; Government; US: California
KEYWORDS: bart; california; department; doj; holder; justice; liberalracism; mehserle; mobjustice; oakland; obama; oscargrant; review; shooting; us
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1 posted on 07/09/2010 7:37:59 AM PDT by KentTrappedInLiberalSeattle
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To: KentTrappedInLiberalSeattle

can you do that? try the guy twice for the same thing?


2 posted on 07/09/2010 7:39:31 AM PDT by beebuster2000
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To: beebuster2000

They’ll use a different charge: civil rights violations. Isn’t that what they did to the cops who beat “the motorist” Rodney King?


3 posted on 07/09/2010 7:40:49 AM PDT by vladimir998 (Part of the Vast Catholic Conspiracy (hat tip to Kells))
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To: beebuster2000

Marxist governments can do whatever they please.


4 posted on 07/09/2010 7:41:22 AM PDT by notaliberal (It's the Constitution---- Stupid!)
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To: beebuster2000

Its not the same thing to the law - they deprived him of his civil right to live - thats what they will charge him with.

Of course, they will certainly issue warrants for the arrest of the black panthers in Phila also...


5 posted on 07/09/2010 7:41:22 AM PDT by bill1952 (Choice is an illusion created between those with power - and those without)
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To: KentTrappedInLiberalSeattle

Obama’s personal department of retribution.


6 posted on 07/09/2010 7:42:14 AM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: vladimir998

Yes.


7 posted on 07/09/2010 7:42:42 AM PDT by KansasGirl
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To: KentTrappedInLiberalSeattle

that cop needs political asylum

he is definitely now in the cross hairs of an eric holder witch hunt. trial by jury didnt give the blacks what they want, maybe holder can order him to be waterboarded and sent to GITMO

oh wait....they’d have to free up a cell by sending some GITMO terrorists to Bermuda or something


8 posted on 07/09/2010 7:43:10 AM PDT by silverleaf (Those who can make you believe absurdities can make you commit atrocities.)
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To: beebuster2000
can you do that? try the guy twice for the same thing?

It's exactly what Goerge Bush Sr. did to the cops in the Rodney King case, after the black community didn't like the outcome and started rioting. They don't re-try them on the same charge, they try them on a civil rights charge

9 posted on 07/09/2010 7:45:31 AM PDT by DCBurgess58 (In a Capitalist society, men exploit other men. In a Communist society it's exactly the opposite.)
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To: silverleaf

“that cop needs political asylum”

He should come to Texas and declare political asylum.


10 posted on 07/09/2010 7:47:06 AM PDT by EQAndyBuzz (Conservatives are producers. Liberals are parasites)
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To: KentTrappedInLiberalSeattle
"The Civil Rights Division, the U.S. Attorney's Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state's prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution."

White perp, black victim....

check, that meets the proper criteria for the Civil Rights Division.

11 posted on 07/09/2010 7:48:12 AM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: KentTrappedInLiberalSeattle
Every day, every day, I come here thinking it can't get any worse...and every day without fail I'm proven wrong.

I don't think I can ever forgive the Rat party for forcing this monster on the rest of us.

12 posted on 07/09/2010 7:49:33 AM PDT by Marathoner (And we thought Carter sucked.)
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To: KentTrappedInLiberalSeattle
Unbelievable. Holder vacates a conviction of Black Panther thugs trampling on citizens' voting rights, but wants to create a de-facto double jeopardy case out of one where the ink is not even dry on the jury verdict in a state criminal case.

This is brazen and political. This is not about "justice".

13 posted on 07/09/2010 7:50:32 AM PDT by magellan
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To: The_Victor
“US Justice Department to review BART shooting [For Obama, Holder, Race Always Trumps EVERYthing”

When the only tool you have is a hammer... all your problems look like nails!

14 posted on 07/09/2010 7:53:27 AM PDT by SMARTY ("What luck for rulers that men do not think." Adolph Hitler)
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To: KentTrappedInLiberalSeattle
This smacks of Double Jeopardy. Once convicted. You are convicted. Where was DOJ in the beginning? Indictment? No. So, in my opinion, its too late now... I think this is more Holder thug chest thumping. That chap won't be happy until he unleashes a race war (that he will lose big time...)
15 posted on 07/09/2010 7:54:59 AM PDT by April Lexington (Study the constitution so you know what they are taking away!)
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To: KentTrappedInLiberalSeattle

As usual, the most racist people in America are liberal black people.


16 posted on 07/09/2010 7:55:45 AM PDT by Republic of Texas (Socialism Always Fails)
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To: beebuster2000
In the People's Republic of California, yes. See "King, Rodney, officer's second trial."

We have a new rule of law, now. Verdict first, trial afterwards.

17 posted on 07/09/2010 7:55:48 AM PDT by Flatus I. Maximus
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To: beebuster2000

Only if he is white.


18 posted on 07/09/2010 7:56:11 AM PDT by Republic of Texas (Socialism Always Fails)
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To: KentTrappedInLiberalSeattle

...this is a two-fer for the Dems...they pander to the black vote....AND....at the same time the ACLU wing of Jewish vote which is obsessed with victimization and opression.


19 posted on 07/09/2010 7:57:04 AM PDT by STONEWALLS
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To: KentTrappedInLiberalSeattle

My head is exploding this morning.

This.

And the apparent determination by Justice to undermine our voting system.

And the Dem agenda for the lame duck session: To force Cap and Trade, card check, pork, etc.
http://online.wsj.com/article/SB10001424052748704293604575343262629361470.html?mod=WSJ_Opinion_LEADTop

WE HAVE TO DO SOMETHING ABOUT THESE EVIL IDIOTS BEFORE IT’S TOO LATE!


20 posted on 07/09/2010 7:57:47 AM PDT by Jedidah
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To: KentTrappedInLiberalSeattle

Elections have consequences.


21 posted on 07/09/2010 7:58:09 AM PDT by popdonnelly (Democrats = authoritarian socialists)
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To: KentTrappedInLiberalSeattle
"I don't know all the facts . . . but the jury acted foolishly"


B. Hussein Obama

22 posted on 07/09/2010 8:00:15 AM PDT by haywoodwebb (ISLAM = DEATH! . . . . Black & Humble . . .)
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To: DCBurgess58

“They don’t re-try them on the same charge, they try them on a civil rights charge.”

What you say is true.

However, there’s one major difference between the Rodney King beating and the Oakland case: one was intentional, the other clearly accidental. Both on video.


23 posted on 07/09/2010 8:00:34 AM PDT by Jedidah
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To: beebuster2000
can you do that? try the guy twice for the same thing?

If he is tried he will be tried for violating the decedent's federally-guaranteed civil rights in a federal court, which are different charges in a different jurisdiction.

One thing about the whole story that strikes me as very questionable is Ofc. Mehserle's contention that he confused his sidearm with his taser and that he intended to tase Grant, not shoot him.

This claim is simply not believable. The weapons look and feel and weigh differently from one another and in these situations muscle memory kicks in.

It seems very unlikely that he would have drawn from the opposite side and pulled out a heavier weapon with a different handfeel and not have noticed. This would be plausible if he had switched the normal positioning of the respective holsters, but he hadn't - they were where they usually were.

24 posted on 07/09/2010 8:01:05 AM PDT by wideawake
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To: KentTrappedInLiberalSeattle

According to our progressive friends, The Black Panther incident and a white cop are totally two different events.

One is ‘fighting’ for social justice while the other one is promoting ‘hate’ along with ‘intolerance’.

Alice, welcome to wonderland....and Annie,get your gun,there is a bad moon rising.


25 posted on 07/09/2010 8:01:05 AM PDT by Le Chien Rouge
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To: Republic of Texas

You raise an interesting point. If a black cop shot a white man, would the Holder Justice Department be interested? Holder has said that hate crime laws only apply if the victim is a minority.


26 posted on 07/09/2010 8:01:30 AM PDT by popdonnelly (Democrats = authoritarian socialists)
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To: KentTrappedInLiberalSeattle

Read the story and watched two videos and still don’t know anything about the circumstances of the shooting.


27 posted on 07/09/2010 8:03:13 AM PDT by moonhawk (Pre-order your "Don't blame me, I didn't vote!" bumper stickers here on Free Republic now.)
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To: Flatus I. Maximus

Watch the interviews of the enraged blacks responding to the verdict. They all “know” what crime was committed therefore the outcome is unjust. Holder uses the same “logic”.

Note how carefully the rioters chose the stores to loot to vent their “outrage”. A new pair of Nikes and big screen TV goes a long way toward righting their perceived social injustice.

This is what we’re up against folks.


28 posted on 07/09/2010 8:03:19 AM PDT by BigBobber
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To: KentTrappedInLiberalSeattle

Maybe the Holder Justice Department can do something about lawlessness on the BART system. That would benefit the people of Oakland.


29 posted on 07/09/2010 8:03:40 AM PDT by popdonnelly (Democrats = authoritarian socialists)
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To: Flatus I. Maximus
This is a Federal charge, just like in the Rodney King case, and it could happen to anyone in the country, even a cop in your state.
30 posted on 07/09/2010 8:05:21 AM PDT by SoCal Pubbie
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To: KentTrappedInLiberalSeattle
This was all part of that cowardly conversation Erica wanted to have.
31 posted on 07/09/2010 8:05:44 AM PDT by E. Pluribus Unum ("The only stable state is the one in which all men are equal before the law." -- Aristotle)
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To: wideawake
Regardless of the facts in this case, the practice of bringing civil rights charges after state cases are done is in fact double jeopardy, pure and simple.
32 posted on 07/09/2010 8:07:51 AM PDT by SoCal Pubbie
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To: KentTrappedInLiberalSeattle

What was the jury’s makeup - I doubt the LA jury was an all white KKK card carrying jury... But I can’t find any info on the jury, who could have convicte him of second degree murder, but chose the lesser charge... ( The jury , not the media or cops get to convict people, and determine the severity of the crime) 12 people agreed..


33 posted on 07/09/2010 8:14:16 AM PDT by Waverunner
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To: SoCal Pubbie
Regardless of the facts in this case, the practice of bringing civil rights charges after state cases are done is in fact double jeopardy, pure and simple.

That is not uniformly true, but it is often true.

The problem here is that Ofc. Mehserle's superior at the scene, Ofc. Pirone, was caught on tape yelling a racial epithet at the decedent.

Sadly, that fact alone gives Holder's DOJ all the justification it needs for retrying Ofc. Mehserle.

34 posted on 07/09/2010 8:15:47 AM PDT by wideawake
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To: magellan
This is brazen and political.

Its worse than that - its racial. Not a bit different than a bunch of crackers dragging a black accused of raping a white girl from his cell and lynching him.

35 posted on 07/09/2010 8:16:03 AM PDT by skeeter
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To: Waverunner

It sounds to me like the jury simply didn’t feel that there was evidence of intent to commit murder.


36 posted on 07/09/2010 8:19:13 AM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: wideawake
You are correct, the POS former officer killed the guy after he was holding him down and a shot to the head even from a taser could also kill.
37 posted on 07/09/2010 8:29:31 AM PDT by org.whodat
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To: wideawake
It's former officer, he resigned after the shooting before he could be fired.
38 posted on 07/09/2010 8:31:39 AM PDT by org.whodat
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To: wideawake
He testified, and the jury obviously believed he did not intentionally shoot a prone, unarmed man in front of hundreds of people.

It was a reasonable verdict and Obama knows it....just like Obama knows he has to keep black Americans stirred up and believing they are oppressed. Otherwise where would the commies get their votes?

39 posted on 07/09/2010 8:32:04 AM PDT by roses of sharon (I can do all things through Him who strengthens me. Philippians 4:13)
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To: org.whodat
You are correct, the POS former officer killed the guy after he was holding him down and a shot to the head even from a taser could also kill.

The situation is actually far more complicated than that.

Mr. Grant was not shot in the head, but in the lower back - and he actually would have survived the initial bullet wound, according to testimony, if the round had not ricocheted off the poured concrete beneath Grant into his lung.

Also, pretty much every witness agrees that Ofc. Mehserle was not holding him down but was attempting to get Mr. Grant's hand out of his waistband and into cuffing position.

It was a fluid situation which was out of Ofc. Mehserle's control as he tried to restrain a suspect in the midst of a crowd that was turning on him.

I don't think he intended to murder Grant, but I do think he was extremely angry and frightened and did intend to shoot him - in order to neutralize Mr. Grant's attempts at resisting and to make the gathering crowd think twice about rushing the officers.

A crowd of angry drunks on New Year's Eve is a crowd that will not be deterred by a single tasing.

40 posted on 07/09/2010 8:47:10 AM PDT by wideawake
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To: org.whodat

I stand corrected.


41 posted on 07/09/2010 8:53:57 AM PDT by wideawake
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To: KentTrappedInLiberalSeattle

Holder = Racist

Obama = Racist

Democrats support Racists.

Why have more people not noticed this? Why do black democrats continue to vote for racists?


42 posted on 07/09/2010 8:54:40 AM PDT by Danae (If Liberals were only moderately insane, they would be tollerable. Alas, such is not the case.)
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To: wideawake
Taking an action for which charges have already been filed, changing the "jurisdiction", changing the name of the charge from murder to "denying civil rights" based on depriving the victim of life IS double jeopardy. Maybe the guy should have been found guilty of murder. I certainly think OJ should have been, but filing a secondary charge by the Feds was not the proper response. This is just another area where we have lost our way.
43 posted on 07/09/2010 9:02:55 AM PDT by SoCal Pubbie
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To: roses of sharon
the jury obviously believed he did not intentionally shoot a prone, unarmed man in front of hundreds of people

The jury did not believe that he shot to kill - and I don't believe he shot to kill either.

But in a situation where you think you might be rushed by an angry crowd of drunks you are definitely not thinking: "How would it look tomorrow if I shot this punk" - but you well may be thinking: "If I wing this punk right now, this crowd that could rush me will think twice."

And I'm a little tired of the "doting father Oscar Grant" angle - it's about as believable as the "loving fiance Sean Bell" narrative in NYC.

The valorizing of violent, drunken thugs wandering the streets in the wee hours doing dirt is extremely tiresome.

44 posted on 07/09/2010 9:04:45 AM PDT by wideawake
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To: SoCal Pubbie

Oh, I agree with you. But Ofc. Pirone’s on-scene comments gave Holder’s DOJ an engraved invitation on a silver platter.


45 posted on 07/09/2010 9:06:25 AM PDT by wideawake
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To: wideawake
did intend to shoot him - in order to neutralize Mr. Grant's attempts at resisting and to make the gathering crowd think twice about rushing the officers.

Is this what the prosecution presented? If so, it makes no sense that the officer intended to shoot him just to scare the crowd and calm things down?

How so when upon a shooting there must be an ambulance called, crime scene tape and homicide officers brought in, he would have to immediately be questioned by his bosses on the use of force? No. Shooting a guy brings with it MORE angry crowds,more chaos not less.

No, this sounds like a mistake...an ill trained officer who drew the wrong weapon.
46 posted on 07/09/2010 9:12:03 AM PDT by roses of sharon (I can do all things through Him who strengthens me. Philippians 4:13)
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To: beebuster2000

Yep, they shouldn’t be able to do so, but they can. The first President Bush started this crap when he didn’t like the verdict of the Rodney King trial. Federal charges on race crimes.

What happened to our freedom from double jeapardy?


47 posted on 07/09/2010 9:12:54 AM PDT by Fletcher J
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To: KentTrappedInLiberalSeattle

Does anyone know if Obama has fired any US Attorneys as this seemed to be such a problem for the dems when Bush fired 8 of them? This apparently rose to the level of ‘scandal’ in the Bush administration and for Alberto Gonzalez in particular. I apologize in advance for the thread hi-jack.


48 posted on 07/09/2010 9:20:42 AM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: roses of sharon
Is this what the prosecution presented?

No, the prosecution presented a case for second-degree murder - that Mehserle intentionally killed him in a burst of anger.

Shooting a guy brings with it MORE angry crowds,more chaos not less

Couldn't disagree more. Firearms send crowds running to what they believe is a safe distance. And when you think your life is in danger, the old adage "I'd rather be judged by 12 than carried by 6" kicks in.

49 posted on 07/09/2010 9:26:40 AM PDT by wideawake
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To: KentTrappedInLiberalSeattle; All

Lets see ... they didn’t get Whitey for capital murder [and, thus, the death penalty in CA] - so now they’re gonna go after him on civil rights violations [where, if convicted, the federal death penalty may apply].

All the while, they will NOT pursue alleged irregularities in voters lists and DO NOT want to purse the Philly Black Panther case ...


50 posted on 07/09/2010 9:30:07 AM PDT by Lmo56
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