…you can’t be an Islamist terrorist without being a Muslim, you can’t be the head of the Gambino Family without being Italian, and you can’t be a Mexican illegal alien without being a Mexican. It would be nonsensical not to take into account, for investigative purposes, the racial, ethnic, or religious characteristics of criminal activity if they are inherent in that criminal activity.
This argument is incredibly flawed. Yes, if you define the objectionable activity as “illegal immigration by Mexicans,” then by definition, only Mexicans are going to be guilty of it, but it would be completely unjustifiable and discriminatory to define the crime that way, wouldn’t it? On the other hand, if the “criminal activity” is illegal immigration, then folks other than Mexicans will be among the lawbreakers — indeed, in addition to the many El Salvadorans and Guatemalans and Hondurans you’ll find the occasional Irish, Koreans, Russians, Egyptians, and others who’ve overstayed visas or snuck into the country.
Similarly, it is certainly true that the Gambino crime family is a legitimate target for police and prosecutors, but I am betting that at some point non-Italians were involved in their criminal activity, and besides, organized crime is a type of criminal activity that encompasses folks with lots of different ethnic backgrounds. Count me among the Americans who want law enforcement to stop illegal immigration from any country, organized crime perpetrated by any ethnicity, and terrorism of any kind, not just the Islamist variety. It just floors me that a former prosecutor would offer up these ethnicities as “inherent” in the relevant criminal activities.
And it gets worse:
When I was a young prosecutor in the eighties, this was a lot less controversial than it has become in our irrationally sensitive times. A lot of crime is ethnic. The Westies were Irish, the tongs were Chinese, the Latin Kings were Hispanics, the YACs were Yugoslavs, Albanians and Croatian, and so on. When we were investigating Colombian cocaine cartels, the fact that someone was Colombian was part of the probable cause (and if he was from Cali, even more so).
He goes on:
No one got pinched solely on the basis of his race or ethnicity. The important thing was conduct, not status. But if I had arrested a guy named Clegg or Goldberg and charged him with being the head of the Gambino Family, the defendant would have made his ethnicity a key part of his defense; it can’t be that an race/ethnicity/religion factor is only relevant if it cuts against guilt.
Interesting bit of reasoning — it would be absurd to arrest a non-Italian for being head of the Gambino crime family, therefore the fact of being Italian would lead a reasonably intelligent person to believe that an accused Italian is the head of the Gambino crime family. Or something. It’s hard to tell exactly what Mr. McCarthy means by saying that ethnicity is “part of” probable cause.