DOJ: Not Doing Justice

No one is safe

After a court appearance this morning, Norm Eisen, one of the attorneys representing former Olympian David Hearn, who was indicted by Jeanine Pirro’s Washington, D.C., U.S. Attorney’s Office on charges of vandalizing the already damaged Reflecting Pool, said: “Today, Davey Hearn pled not guilty. Because he is not guilty. If Mr. Hearn can be charged with a felony for touching the reflecting pool, every American is at risk and every American should be alarmed at this prosecution.”

When she announced the charges, Pirro said that Hearn was “forcefully and violently” pulling up the liner of the pool. She claimed that he “damaged approximately two square feet of sealant from the bottom of the pool.” She also claimed he was “rude” to Park Service employees (not a crime last time I checked). But Hearn told ABC News he was arrested after he touched some of the peeling blue pieces that are seen in the Reflecting Pool. "I did not remove, I did not damage, I did not rip, tear, break, destroy or harm any part of the Reflecting Pool," Hearn said.

We all know the story: Trump gave a $16 million no-bid contract to one of his Mar-a-Lago buddies to resurface the Reflecting Pool. But it began to turn green and the liner buckled almost as soon as it was painted, with algae and paint chips floating on the surface. And Trump drove down the Reflecting Pool in a motorcade of heavy vehicles, before the work had time to cure. So predictably, he tried to shift the blame onto “vandals” who he threatened with 10-year terms in prison.

ABC reported that “When asked if she could share a picture of the damage and the cuts, Pirro responded: ‘When I file a charge, I'll be happy to show you a picture, alright? What I'm trying to do, is we're trying to find out who did it, OK. And until we get to that point, I'm not going to be able to, you know, discuss anything more than there was tremendous damage that was caused.’" That evidence hasn’t surfaced so far. It wouldn’t be surprising to see DOJ try and slow-walk this case. It has its charges, but it seems unlikely they’ll be eager to try the case, which looks like yet another loser, brought to pacify the president, not to do justice.

The D.C. U.S. Attorney handles both federal and local cases. Hearn was arraigned on a single count of destruction of property amounting to more than $1,000 in damage.

“It is not a crime to touch the Reflecting Pool, to touch water in the United States of America,” Eisen said. The irony is rich, since Hearn’s Olympic career was touching water to represent his country. “This is a case that should never have been brought,” Eisen concluded.

Three other defendants were also arraigned yesterday. Cameron Thiers, Sophie Dennison-Gibby, and Justin Carreno were charged for allegedly removing pieces of paint from the Reflecting Pool.

Also today, we are learning more details about the death of Lorenzo Salgado Araujo, who was shot and killed by ICE agents on Tuesday. We discussed it first on the day it happened. At the time, I wrote, “This administration can no longer be trusted to clear its agents in civilian deaths before a full investigation is conducted. The government is supposed to be an extension of the people’s will, not an occupying, shooting force.”

Today’s news only confirms those concerns. None of the officers at the scene of Araujo’s death in Houston were wearing body cameras. That was according to two DHS officials and a source familiar with the investigation, which is being conducted by ICE’s Inspector General. ICE’s policy gives agents a lot of wiggle room over when body worn cameras must be used. But their absence in these circumstances gives rise to a whole host of questions.

Those questions appear to be borne out by the fact that video that emerged today contradicted ICE’s official version, which claimed Araujo “weaponized” his car and drove at agents. ICE said Araujo drove into an ICE vehicle and tried to run over an agent. But the van that was supposedly hit appears to be without any damage, or even marks, and the footage depicts ICE chasing Araujo and cutting him off. It feels like Minneapolis and Renee Good and Alex Pretti all over again.

The New York Times reported today that “Federal immigration agents who killed a man during a traffic stop in Houston on Tuesday had been searching for a different person, according to a Department of Homeland Security spokeswoman.” Nonetheless, Mr. Aruugo was shot in the abdomen by agents. The Times put his death in a larger context: “More than 20 people have been shot at since September, nearly all of them in their cars.”

Far too many Trump supporters on social media are making comments to the effect that because he was an “illegal alien,” he got what he deserved. I’m not going to dignify those comments with a response. But it’s worth noting that ICE frequently makes bad calls about who is and isn’t a U.S. citizen, and the rights of citizens have been routinely violated. No one is safe, whether it’s a Davey Hearn who touches the Reflecting Pool or a Lorenzo Salgado Araujo, who’s just trying to drive to work. In a world where neither of them is safe, none of us are either. Trump’s America.

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We’re in this together,

Joyce