JUSTICE DEPARTMENT CLEARS FERGUSON OFFICER – 9:17 A.M. ET:  The Justice Department, under Eric Holder, is declining to prosecute the Ferguson, Missouri, police officer who shot and killed Michael Brown.  From Fox: 

The Justice Department announced Wednesday that it will not prosecute former Ferguson, Mo., police officer Darren Wilson in the shooting death of an unarmed black 18-year-old, while also releasing a report faulting the city and its law enforcement for racial bias.

In the criminal investigation, federal officials concluded Wilson's actions "do not constitute prosecutable violations under the applicable federal criminal rights statute."

Specifically, the DOJ said there was "no evidence" to disprove Wilson's testimony that he feared for his safety, nor was there reliable evidence that Michael Brown had his hands up when he was shot.

The report said: "Although there are several individuals who have stated that Brown held his hands up in an unambiguous sign of surrender prior to Wilson shooting him dead, their accounts do not support a prosecution of Wilson.‎ As detailed throughout this report, some of those accounts are inaccurate because they are inconsistent with the physical and forensic evidence; some of those accounts are materially inconsistent with that witness's own prior statements with no explanation, credible or otherwise, as to why those accounts changed over time."

The decision in the Aug. 9 shooting had been expected, in part because of the high legal standard needed for a federal civil rights prosecution. Wilson, who has said Brown struck him in the face and reached for his gun during a tussle, also had been cleared by a Missouri grand jury in November and later resigned from the department.

COMMENT:  While one must praise the impartiality that the Justice Department showed in investigating this racially charged case, we must note that Eric Holder recently asked that the standard for prosecution in civil rights cases be lowered, apparently because he didn't get the result he wanted.  That would be frightening, leading to all kinds of political prosecutions (and persecutions). 

We are also struck by the contrast between the Justice Department exoneration of the officer and the early, wild reporting of the shooting, especially by CNN, which described young Brown as "a gentle giant."  A giant he was, gentle he wasn't.

At the same time, we take note of the Justice Department's finding of a pattern of racial discrimination in the Ferguson Police Department.  These are serious charges and appear to be documented.  They should be dealt with thoughtfully and carefully.  If there is a problem, it must be rooted out.  We do law enforcement no good when we pretend that it's perfect, or that the system always operates well.  Most police officers are terrific, and risk their lives every day.  Others, sadly, fall short, as do some judicial systems.  Get to the truth, solve the problem, and protect the great police officers who do it right.

March 5,  2015