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| (Yahoo!) |
Donald Trump is warning the public about possible 10-year prison sentences for offenses related to the Lincoln Memorial Reflecting Pool -- and his concerns apparently encompass other monuments and memorials on the National Mall. Trump's primary focus has been on alleged vandalism in and around the Reflecting Pool, and an administration official says five people have been arrested and five others received citations -- although no names or public records. have been released. In all, an official said, 14 police reports have been filed for vandalism.
The only arrestee to be publicly identified is former U.S. Olympian David Hearn, who competed in the canoe slalom at three Summer Olympic games and won six consecutive world championships in team competitions. Hearn said he was arrested after touching a piece of blue coating that was partially detached from the bottom of the pool. Hearn said he did not remove, destroy, or damage any part of the Reflecting Pool. Considering Hearn's statement, it's hard to see how any vandalism-related charge (called criminal mischief in many jurisdictions) could stick. That's because the offense usually requires damage to property and criminal intent.
Trump is talking tough, but we have seen no reports so far of conduct that would trigger the kind of severe sentences he has mentioned. It's also not clear that evidence sufficient for conviction in any case has been gathered. And Jeanine Pirro, a former Fox News host who Trump appointed as U.S. attorney for the District of Columbia, has a habit of bringing such dubious cases that grand juries refuse to indict. Perhaps the most famous such cases include six Democratic lawmakers accused of encouraging military and intelligence personnel to ignore unlawful orders; Sean Dunn, accused of throwing a Subway sandwich at an immigration officer; and Sidney Lori Reid, accused of assaulting an FBI agent during an immigration arrest.
Is Trump engaging mostly in bluster, probably to scare members of the public into staying away from the Reflecting Pool? Our guess is yes. Is this part of Trump's habit of engaging in police-state tactics in situations where probably no other post-WWII president would have even considered such actions? Our guess, again, is yes.
That is not to ignore, however, that some statutes do point to possibly serious punishment upon conviction, for criminal conduct involving federal property. Here are some examples:
(1) 18 U.S. Code 1361 -- Destruction of Government Property
Penalties for violations of this section are tied to the extent of property damage. If the damage exceeds $100, the defendant is subject to a fine of $250,000, 10 years imprisonment of both. When the damage is less than $100, the offense is a misdemeanor and the defendant is subject to a fine of up to $100,000, one year imprisonment or both. Those are, in fact, serious punishments, but it does not appear that any potential violations so far at the Reflecting Pool fit "Destruction of Government Property" as defined in the statute. Also, this is a "specific intent crime," requiring willful conduct and knowledge that the defendant was committing a crime. That means such a charge probably is difficult to prove.
(2) 18 U.S. Code 13169 -- The Veterans' Memorial Preservation Act
This covers anyone who willfully injures or destroys, or attempts to injure or destroy, any structure, plaque, statue, or other monuments on public property commemorating the service of any person or persons in the armed forces of the United States. Upon conviction, defendants can face a fine, up to 10 years in prison or both.
Again, these are serious penalties but we have seen no allegations so far related to any structures that commemorate military duty.
How might punishment play out in the real world for the vandalism-style offenses that have been cited? A jointly published article at CNN and Yahoo! News provides insights:
While prosecutors in Washington, DC, haven't yet formally brought charges, the Justice Department must decide in the coming days how aggressively it will pursue people who were arrested and cited over the weekend as the pool's new bottom layer was peeling off. . . .
The violations cited by the US Park Police, at least initially, are misdemeanors in DC's local Superior Court — for vandalizing, disorderly conduct or defacing public property.
But Trump's post suggested the cases could be charged as more serious crimes if Jeanine Pirro, US Attorney for the District of Columbia, decides they should.
Pirro, speaking on Fox News over the weekend, said those who vandalized or tried to vandalize the pool will "face the criminal justice system in DC."
"There are several citations that have been handed out to individuals, and these are cases that will be prosecuted to the full extent," she said. "If there are more serious products that are put into the Reflecting Pool to create more algae or a bigger problem, then we'll consider more serious charges."
A destruction of government property offense could be charged as a felony in federal court if the damage is pricey. That type of federal criminal charge carries a maximum fine of up to $250,000 or 10 years in prison, though maximum sentences are exceedingly rare in practice.
That raises this question: Federal prosecutors, like Trump, tend to talk a tough-on-crime game, but do their actions in court always coincide with their words -- even when it's Jeanine Pirro herself or someone else in Trump's Department of Justice? We will examine that question in an upcoming post.
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