One of the main features of the running debate over the Local Law Enforcement Hate Crimes Prevention Act -- which, should it pass, would become the nation's first real federal bias-crimes law -- has been conservatives' insistence on digging up new rationales to oppose it, and then clinging to them intransigently, regardless of how thoroughly their arguments get knocked down.
Thus we get spectacles like Sean Hannity with Steve King, flatly dissembling to a national audience about what the legislation does, how it works legally speaking, and repeating the usual Zombie Lies: "this bill creates thought crimes," "it creates special rights," "it protects sexual perverts," and "all crimes are hate crimes." Or Virginia Foxx informing Congress that Matt Shepard's murder was a "hoax."
That's the brazenly dishonest component of the right-wing opposition. Then there's the only somewhat less dishonest approach of the right's more intellectual corners, which does not stoop to naked falsehoods in the fashion of Hannity et. al., but instead relies on a more legalistic, largely libertarian construct that is opposed to the law on the basis of their general opposition to expanding the reach of federal law -- but clings just as mightily to disproven claims and its own preconceived mythology about bias crimes.
Their reasoning runs roughly thus: The law raises the danger of double jeopardy, while the depth of the hate-crimes problem is wildly overstated by liberal civil-rights groups. There is no problem with enforcement or investigation of these crimes. There is no problem, like we had in the South during the Civil Rights era, with juries refusing, largely on the basis of race, to convict people for bias crimes.
Apparently, these people don't bother to read the news. Because fresh in the national headlines this week is the case of the Shenandoah, Pa., jury that apparently indulged in some very current nullification in the case of the hate-crime beating death of a Latino man named Luis Ramirez.
Indeed, it seems the Justice Department is currently reviewing the case to see if federal charges might be warranted:
Two Pennsylvania teens acquitted of the most serious state charges in the beating death of a Mexican immigrant could still face federal charges.
Justice Department spokesman Alejandro Miyar says the civil rights division is reviewing evidence surrounding last summer's fatal fight between high school football players in Schuylkill County and 25-year-old Luis Ramirez.
This is a tricky issue with the law as currently written, because federal prosecutors would have to find that the killers committed a federal violation in order to act on this case. That would not be nearly the issue if LLEHCPA were already law.
One of the major components of the LLEHCPA, as we recently explored in some detail, is the ability of federal prosecutors to step in and file federal charges in cases like these where the state or local prosecutions fail for whatever reasons.
Now, this is where the conservative intellectuals weigh in, claiming the law raises the specter of double jeopardy. You'll call that this was David Freddoso's objection over at NRO -- to which we responded by citing Frederick Lawrence, dean of the GWU Law School, who explains that this falls easily under the rubric of the doctrine of dual jurisdictions:
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