`(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;
`(B) the State has requested that the Federal Government assume jurisdiction;
`(C) the State does not object to the Federal Government assuming jurisdiction; or
`(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.
OK, that wipes out the double jepordy clause...
Done long ago under civil rights legislation. Deprivation of civil rights is a federal crime, distinct from state charges of murder.