Court Refuses To Dismiss Indictment In Tree of Life Synagogue Case

In United States v. Bowers, (WD PA, Oct. 15, 2020), a Pennsylvania federal district court refused to dismiss an indictment under the federal Hate Crimes Prevention Act and the Church Arson Act brought against defendant charged in the 2018 attack on Pittsburgh's Tree of Life Synagogue. (Full text of Superseding Indictment.) The court rejected both the facial and the as-applied challenge to the Hate Crimes Act. The court said in part:

Each federal court to have considered the constitutionality of § 249(a)(1) has found it to be a valid exercise of Congressional power under the Thirteenth Amendment....

[T]he congressional intent behind §249(a)(1) makes clear that Congress intended to prohibit violence on the basis of real or perceived religions that “were regarded as races at the time of the adoption of the [Reconstruction] amendments.”... [T]herefore ... §249(a)(1) includes protection for Jewish people in that they were considered a distinct race when the Thirteenth Amendment was-applied.

Upholding the constitutionality of the Church Arson Act against a facial attack, the court said in part:

Congress had a rational basis to conclude that the conduct regulated by § 247 substantially affects interstate commerce.

Responding to defendant's as-applied challenge, the court said in part:

The Defendant’s as-applied challenge requires consideration of a developed factual record and the application of the statute to those facts. Thus, it is premature to determine the as-applied issue at this time.

Georgia Enacts Hate Crime Law

As reported by the Atlanta Journal Constitution, the Georgia legislature yesterday gave final passage (legislative history) to HB 426 (full text) which provides enhanced criminal penalties for assault, battery, theft and criminal trespass motivated by the victim's actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability.  The bill also provides for enhanced reporting of bias-motivated crimes. Gov. Brian Kemp says he will sign the bill.

Court Upholds Maryland Hate Crime Statute

In Lipp v. State of Maryland, (MD Ct. Special Appeals, April 30, 2020), a Maryland state appellate court upheld the constitutionality of a Maryland statute which outlawed the destruction of property where there is evidence of animosity toward a group because of race, religious belief, sexual orientation, gender, disability, national origin or homelessness. Defendant had been convicted of spraying anti-Semitic, anti-Black and anti-gay graffiti on a school building.  Rejecting defendant's constitutional arguments, the court said in part:

Appellant may have had a First Amendment right to spray paint on his own property the offensive words and symbols used here. Once he combined that action with a criminal act, however, in this case defacing property of another, his criminal activity was not protected by the First Amendment.

Maryland Amends Hate Crime Law

The Maryland General Assembly this week gave final passage to an amended hate crime law, making it easier to convict. The bill-- SB606/ HB917 (full text)-- defines a hate crime as one "motivated  in whole or in substantial part" by a person's race, color, religious beliefs, sexual orientation, gender, disability, or national origin, or because another person or group is homeless. Previously the law required the crime be committed "because of" such characteristics. WTOP News reports on the legislature's action.                   

Suit Seeks Data On Anti-Semitic Hate Crimes In New York

A New York state Freedom of Information Law lawsuit was filed last week by The Forward newspaper seeking information on the rise in anti-Semitic hate crimes in New York City.  The complaint (full text) in The Forward Association, Inc. v. New York City Police Department asks for an order granting the paper immediate access to the requested records. The Forward reported on its lawsuit.

Hate Crime Charges Filed In Hanukkah Stabbing Spree

The U.S. Attorney's Office for the Southern District of New York announced yesterday that it has filed federal hate crime charges in the Hanukkah mass stabbing attack at a Rabbi's home in Monsey, NY last week.  The criminal complaint (full text) charges Grafton Thomas with 5 counts of obstruction of the free exercise of religious beliefs involving an attempt to kill and use of a dangerous weapon. The affidavit supporting the complaint says that a handwritten journal containing anti-Semitic views was recovered from the suspect's residence. Washington Post reports on these developments.

FBI Releases 2018 Hate Crime Statistics

Today the FBI released its 2018 Hate Crime Statistics. In 2018, 7,120 hate crime incidents were reported to the FBI by law enforcement authorities. These involved 8,496 offenses,  That was down from 7,175 incidents in 2017. Of 7,036 single-bias incidents, 20.2% (1,550 offenses) were motivated by religious bias.  57.8% of the religiously motivated incidents were anti-Jewish.  The next largest group of religiously motivated hate crimes were 14.5% which were anti-Muslim. 4.1% were anti-Sikh. 3.8% were anti-Catholic. Following release of the data, the ADL issued a press release saying in part:

It is unacceptable that Jews and Jewish institutions continue to be at the center of religion-based hate crime attacks.... We strongly urge Congress to immediately pass the Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality (NO HATE) Act.

Hate Crime Charges Filed In Plot To Bomb Synagogue

Yesterday, the U.S. Attorney's Office in Colorado announced that a criminal complaint was filed charging a Colorado man with federal hate crimes for plotting to blow up a synagogue:

Richard Holzer, 27, of Pueblo, Colorado, was charged by criminal complaint with intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs, through force and the attempted use of explosives and fire, in violation of Title 18, United States Code, Section 247.  

According to the affidavit in support of the criminal complaint, Holzer planned to destroy Temple Emanuel, a synagogue in Pueblo, Colorado, that is listed on the National Register of Historic Places. After visiting Temple Emanuel and observing Jewish congregants, Holzer, who self-identifies as a skinhead and a white supremacist, told undercover FBI agents that he wanted to do something that would tell Jewish people in the community that they are not welcome in Pueblo, and they should leave or they will die. The affidavit states that during a meeting with the undercover agents, Holzer repeatedly expressed his hatred of Jewish people and his support for RAHOWA, shorthand for a racial holy war. Holzer went on to suggest using explosive devices to destroy the Synagogue and “get that place off the map.” The affidavit notes that Holzer’s actions meet the federal definition of domestic terrorism in that his actions involve criminal acts dangerous to human life that are intended to intimidate or coerce a civilian population.

Man Sentenced To 30 Months For Religiously Motivated Hate Crime

The Department of Justice announced this week that Ohio resident Izmir Koch was sentenced to 30 months in prison after his conviction for carrying out a religiously motivated assault on a Jewish man. Koch was found guilty last December of violating the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, and of lying to the FBI about his role in the assault.

Workplace Hate Crime Meets Commerce Clause Threshold

In United States v. Hill, (4th Cir., June 13, 2019), the U.S. 4th Circuit Court of Appeals, in a 2-1 decision, held that the federal Hate Crimes Prevention Act can constitutionally be applied to the assault of a co-worker who was preparing packages for interstate sale and shipment.  Defendant boastfully admitted to assaulting the coworker because of his sexual orientation. Finding that the commerce clause was broad enough to authorize federal coverage in this case, the majority said in part:

[W]hen Congress may regulate an economic or commercial activity, it also may regulate violent conduct that interferes with or affects that activity.

Judge Agee dissented, arguing:

To allow Congress to exercise its Commerce Clause power over the noneconomic offense of a bias-motived punch would allow Congress to exercise its Commerce Clause power based on such indirect—and often, as here, non-existent—connection to commerce that it converts the Clause into a federal police power.

House Holds Hearing On Hate Crimes and White Nationalism

The House Judiciary Committee today held a hearing on Hate Crimes and the Rise of White Nationalism. The full text of the prepared testimony of most of the witnesses, and a video of the full four hours of hearings are available on the committee's website.

Utah Enacts Hate Crimes Law

Utah Governor Gary Herbert yesterday signed S.B. 103 Victim Targeting Penalty Enhancements (full text). The new law creates enhanced penalties for various crimes when the victim was targeted because of 18 personal attributes. These include race, religion, sex, sexual orientation and gender identity. Utah Policy reports on the enactment of this hate crimes bill.

Guidance On Hate Crimes and Hate Speech Published By European Commission

The European Commission has published a Guidance Note dated November 2018 (full text) to assist member states of the European Union in enforcing national laws banning hate crimes and hate speech. The Note is designed to facilitate application of a 2008 Council of Europe Decision on Combating Racism and Xenophobia. The Note was compiled by an EU High Level Group created in 2016. [Thanks to Law & Religion UK for the lead.]

FBI Releases 2017 Hate Crimes Report

Yesterday the FBI released  its 2017 Hate Crime Statistics. The number of hate crime incidents increased 17% from last year-- 6,121 incidents in 2016 and 7,175 in 2017. However the year-to-year data may not be fully comparable since 1,000 additional agencies reported in 2017.  In 2017, hate crimes motivated by religious bias accounted for 1,564 incidents (totaling 1,679 offenses), or 22% of all incidents. This compares with 1,273 incidents in 2016. (See prior posting). Hate crimes based on race comprised 58% of all incidents in 2017.  Of the religiously-motivated hate crimes in 2017, some 938 (60%) were anti-Jewish while 273 (17%) were anti-Muslim. 73 incidents were anti-Catholic. ADL issued a press release analyzing the report.

Bodies of Pittsburgh Shooting Victims Handled According To Religious Law

The New York Times reported yesterday on the arrangements at the scene of the Pittsburgh synagogue massacre to assure that bodies of the victims were handled in conformity with Jewish religious law:

All night long, Jewish volunteers stood solemnly in the rain outside the Tree of Life synagogue, where 11 dead bodies lay inside, sealed off with yellow crime-scene tape. The deceased were not supposed to be left alone, according to Jewish tradition, from the moment of death until burial. So when the medical examiner removed the bodies at 5 a.m. Sunday, the volunteers were there to escort them to the morgue....

Once homicide investigators give them the all clear, they intend to meticulously clean the crime scene. They consider everything left behind to be sacred remains, to be preserved and buried with the bodies....

Although autopsies are generally avoided in Jewish tradition, there was no doubt that each of the bodies would need to be examined for evidence in the criminal case. Once the bodies were with the medical examiner, Mr. Wasserman [head of the burial society] ensured that a shomer, as the guard is called in Hebrew, was in the building to keep watch over them as they went through the process.

[Thanks to Steven H. Sholk for the lead.]

DOJ Expands Hate Crime Resources

The Department of Justice today is concluding a two-day Law Enforcement Roundtable on Improving the Identification and Reporting of Hate Crimes. (Press release). In connection with the Roundtable it announced a new Hate Crimes website "designed to provide a centralized portal for the Department’s hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other related organizations and individuals." Deputy Attorney General Rosenstein also announced a grant to the University of New Hampshire for a national survey on hate crime incidents and victimization. He also announced the extension of an existing technical assistance program to the prosecution and prevention of hate crimes.

Reported Hate Crimes In England and Wales Show Increase

Britain's Home Office yesterday issued a report (full text) Hate Crime, England and Wales, 2017/18.  It reports that there were 94,098 hate crime offenses recorded by police. This is an increase of 17% over the previous year, but this is seen as largely caused by improvements in police reporting. The largest increase (40%) was hate crimes directed at a person because of religion.  Overall, 9% of the hate crimes were religion based, while 76% were racial.  52% of the hate crimes that targeted religion were aimed at Muslims. 12% were aimed at Jews; 5% at Christians. 21% were listed as religion based hate crimes with the targeted religion unknown. JTA reports on the data.

Civil Rights Commission Holds Hate Crimes Briefing

The U.S. Commission on Civil Rights last Friday held a public briefing titled "In the Name of Hate: Examining the Federal Government’s Role in Responding to Hate Crimes." The briefing's scope was described (Meeting Notice) (List of Panelists) in part as follows:

The Commission will examine best practices for local law enforcement on collecting and reporting data, and the role of the Education and Justice Departments in prosecution and prevention of these heinous acts. Commissioners will hear from local law enforcement and federal government officials, experts, academics, advocates, and survivors of hate.

Video of the day-long briefing is available online: (Morning Session; Afternoon Session; Public Comment). [Thanks to Michael Lieberman for the lead.]

Scottish Court Convicts For Anti-Semitic YouTube Video

The Jewish Chronicle reports that a Sheriff's Court in Airdrie, Scotland yesterday found 30-year old Mark Meechan guilty of a hate crime for a YouTube posting that went viral. The video featured a dog owned by Meechan's girlfriend.  Meechan had trained the dog to give a Nazi salute when Meechan said "sieg heil" or "gas the Jews."  Meechan, who has apologized, says the video was his attempt to annoy his girl friend:

My girlfriend is always ranting and raving about how cute and adorable her wee dog is, so I thought I would turn him into the least cute thing I could think of, which is a Nazi.

The Sheriff's Court judge however ruled:

The accused knew that the material was offensive and knew why it was offensive. He would have known it was grossly offensive to many Jewish people.

Sentencing in the case is scheduled for April 23.

Canada Reports 2016 Hate Crime Statistics

Earlier this week, Statistics Canada released its report on Police-Reported Hate Crimes 2016, saying in part:

Police reported 460 hate crimes targeting religious groups in 2016, 9 fewer than in the previous year. These accounted for one-third of all hate crimes in Canada.

Following a notable increase in hate crimes against the Muslim population in 2015, police reported 20 fewer in 2016 for a total of 139. The decrease in police-reported hate crimes against Muslims was the result of fewer reported incidents in Quebec (-16), Alberta (-8) and Ontario (-6).

Similarly, after an increase in 2015, hate crimes against Catholics also decreased, from 55 to 27 in 2016. Ontario reported 16 fewer incidents, and declines were also seen in Quebec (-7) and the Atlantic provinces (-5).

In contrast, hate crimes against the Jewish population grew from 178 to 221 incidents. Increases were seen in Ontario (+31), Quebec (+11) and Manitoba (+7).