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Religion & Law

: Religion Clause

Holder Delegates Authority To Certify Hate Crime Prosecutions; First Federal Indictments Are Handed Down

By Howard M. Friedman

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The 2009 Matthew Shepard and James Byrd, Jr. Hate Crimes Act (18 USC Sec. 249) permits federal prosecution of hate crimes-- many of which would traditionally be prosecuted under state law-- only if the Attorney General or his designee certifies that one of several statutory criteria for acting federally exists. Last week, in a rule change that is to be published in the Federal Register today (full text), Attorney General Eric Holder delegated that authority to the Assistant Attorney General for Civil Rights and, in some cases, to the Assistant Attorney General, Criminal Division, of the Justice Department. Main Justice reports on the AG's action.

Meanwhile, on Friday the Justice Department announced the first federal indictments under the 2009 Act. A New Mexico grand jury indicted three men on charges of carrying out a racially motivated assault on developmentally disabled man of Navajo dissent. The assault included burning a swastika into the man's arm. ADL yesterday issued a press release welcoming the indictments.

Full post as published by Religion Clause on November 16, 2010 (boomark / email).