The verdict provoked a condemning response from the likes of House Judiciary Committee Chairman Jerry Nadler, who tweeted Nov. 19 that the full release was a "miscarriage of justice" that "justifies federal review" by the Department of Justice. However, legal analyst and Cornell Law School professor William Jacobson told the Washington Examiner the self-defense evidence in Rittenhouse's criminal case "will be just as overwhelming in a civil case."
"There is no obvious basis for a civil rights prosecution against Rittenhouse," said Jacobson, who is also the founder of the Legal Insurrection blog and followed the trial daily.
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"The videos are the videos, and the testimony already is under oath from witnesses and alleged victim Gaige Grosskreutz. A civil case will fail even by a preponderance of the evidence," Jacobson added.
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Constitutional law professor Jonathan Turley wrote Sunday that the DOJ does not hold an office to prosecute "miscarriages of justice" and furthered it would be a "dangerous precedent" to probe a jury's decision based on a disagreement with the verdict.
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"Rittenhouse was acquitted on state charges by a state jury. Moreover, while some have called for reducing self-defense protections, the jury applied the law as it currently appears on the books," Turley opined in a Fox News article. "It is not allowed to simply ignore the law to seek our own criminal justice rules."
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Turley also asserted federal prosecutors would have no basis to stand on for a civil rights prosecution. "Rittenhouse is white and shot three white men. He was not accused of a hate crime," the law professor added, noting Rittenhouse was not a law enforcement member and "did not deprive anyone of their civil rights under federal law."
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The families of the late protesters, Joseph Rosenbaum, 36, and Anthony Huber, 26, might have an actionable case for a civil liability case, some specialists have stressed, pointing to the families of Ron Goldman and Denise Brown, who filed a civil lawsuit against O.J. Simpson after a jury acquitted the former athlete of double murder charges. A civil panel found Simpson liable for Goldman's and Brown's deaths, and he was forced to pay a sum of the $33.5 million judgment.
Some legal analysts say the weight of proof by a preponderance of evidence instead of beyond a rational doubt could prove beneficial to prosecution if a civil case was brought against Rittenhouse.