The DOJ’s Civil-Rights Case in George Floyd’s Killing: How Race Factors In

Technically, the case isn’t about race. But in truth, there would be no federal civil-rights prosecution against the Minnesota cops were it not for Floyd’s race.

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Former Minneapolis officers Tou Thao, J. Alexander Kueng, and Thomas Lane sit with their lawyers during their trial as they are charged with violating George Floyd’s civil rights during his 2020 arrest in St. Paul, Minn., January 24, 2022.

Cedric Hohnstadt Illustration via Reuters

In federal court on Monday, a jury of Minnesotans heard opening statements in the civil-rights trial of three since-fired police officers who, along with convicted former officer Derek Chauvin, physically detained George Floyd on a Minneapolis street on Memorial Day 2020, allegedly causing his death.

Even though there’s no real doubt, in the sense of legal culpability, that the police detention caused Floyd’s death, “allegedly” is still the appropriate term in this context. That is because Chauvin’s convictions in state and, recently, federal court are not admissible evidence against his three fellow former police officers — Tou Thao, J. Alexander Kueng, and Thomas Lane (who, for simplicity’s sake, I will henceforth desist from referring to as “former” officers). Ergo, the federal prosecutors bear the burden of proving that the police detention caused Floyd’s death, just as the state prosecutors did in Chauvin’s trial last April.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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