Damage and intent are keys in vandalism case at Reflecting Pool, but Jeanine Pirro struggles to address such issues, prompting claim that her case is a "sham"

Jeanine Pirro discusses indictment in Reflecting Pool case (Reuters)

Jeanine Pirro, the former Fox News host Donald Trump appointed U.S. attorney for the District of Columbia, called a press conference yesterday to announce the indictment of a former U.S. Olympian for alleged vandalism at the Lincoln Memorial Reflecting Pool. Such occasions usually mean reporters will pose questions, and the source (in this case, Pirro) will make at least an effort to shine some clarity on the issues at hand.

Since damage to property and criminal intent are central elements in any case of alleged vandalism (called criminal mischief in many jurisdictions), Hafiz Rashid, of The New Republic (TNR) expected Pirro to answer questions with enough coherence to assure the public that the government had solid grounds to indict David Hearn, a 67-year-old resident of Bethesda, MD, who competed in the canoe slalom at three Summer Olympic games and won six consecutive world championships in team competitions.

But Pirro flatly refused to answer questions from one reporter, who dared to note the seemingly minimal damage Hearn allegedly caused -- Hearn said he reached into the pool, out of curiosity, to touch a piece of blue coating that was partially detached from the bottom of the pool. He said he did not remove, damage, rip, tear, break, destroy, or harm any part of the Reflecting Pool. How does that, the reporter asked, compare to damage Trump supporters inflicted upon the U.S. Capitol on Jan. 6, 2021. Pirro snapped at the reporter and indicated she wanted no more questions from him. (More on that in a moment.)

When Pirro could not provide much in the way of specifics about damage Hearn supposedly caused, Rashid began to think the government might not have a legitimate case against him. The headline on his story -- "Pirro reveals Reflecting Pool indictment of U.S. Olympian is a sham" -- reflects that thinking. The sub-head on the story -- "A former U.S. Olympian was indicted on a felony charge after he touched the reflecting pool. The top DOJ official responsible can't explain what the damage actually was." Rashid writes:

U.S. Attorney for the District of Columbia Jeanine Pirro announced Thursday that a grand jury had indicted former Olympic canoeist David Hearn on charges of vandalizing the Lincoln Memorial Reflecting Pool. The indictment seems rather flawed (that's putting it kindly), as Hearn, 67, maintains that all he did was dip his hand into the pool and touch a piece of peeling paint.

At a press conference Thursday, a reporter asked Pirro why Hearn was being charged with a felony over something so small, and she struggled to explain.

“There was an effort, a violent effort, to rip up the sealant from the pool, and irrespective of whether or not we think that there is some situation that preceded it, we can state, and prove beyond a reasonable doubt, that he caused damage, and that damage is worth over a thousand dollars,” Pirro said, citing the amount that makes the charge a felony.

When asked how she could prove that, Pirro said, “With an expert,” and urged the reporter who asked the question to come to the trial. The reporter incredulously asked if Hearn used his bare hands, to which Pirro affirmed yes, both hands. The reporter then asked if the pool wasn’t already damaged before.

That Pirro mentioned an expert witness is curious because -- the O.J. Simpson trial notwithstanding -- they are much more likely to be used in civil trials than criminal matters, such as the Reflecting Pool case. That Pirro says she might use an expert witness to help prove criminal elements suggests her case is shaky (after all, an expert likely was not present when Hearn was at the pool) or her team, so far, has not conducted enough of an investigation to gather the kind of evidence that would be needed to convict Hearn, especially since he has a top-notch attorney in Norm Eisen.

Several outlets have reported that Pirro has eye witnesses who can help prove her case. But eye witnesses are notorious for producing unreliable testimony, and it is hard to imagine what they could have seen that would prove Hearn caused damage and acted with criminal intent. After all, a reporter asked Pirro if the pool wasn't already damaged before Hearn ever arrived on the scene. That question seemed to fluster her, and this was her response:

“Oh, he damaged it. He damaged the pool. He damaged this pool,” Pirro repeated. When the reporter brought up videos showing that the pool’s paint was already peeling, Pirro said, “Well, good. I’m glad you got that evidence. Come on in the grand jury and you can testify.”

Pirro got visibly angry with the reporter who compared damage in the Hearn case to that in the Jan. 6 attack. Here is how Raw Story described that interaction: 

U.S. Attorney Jeanine Pirro snapped at a reporter asking about Jan. 6 attacks on the Capitol during a press conference Thursday announcing a federal indictment against a three-time Olympic athlete who was arrested last month after allegedly touching the detached paint of the $14 million renovated Lincoln Memorial Reflecting Pool.

David Hearn, who was indicted by a grand jury after his arrest, now faces up to 10 years in prison, Pirro said.

Pirro made the announcement and started taking questions from the press when a reporter tried to raise the Jan. 6 issue. 

"How can you square charging this alleged vandal when this DOJ has...," the reporter asked, before Pirro cut him off. 

"Already this is a problem," Pirro said. 

"Over 1,000 January 6 rioters caused millions of damage — ," he continued. 

Pirro interjected and yelled back. 

"Are you really talking about January 6? I'm not. Who's next? Not you! No!"