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Some Good News: Lower Courts are Still Functional

The DOJ is another story, however.

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Via NBC News: Trump administration drops Reflecting Pool case, blaming damage on ‘botched’ installation.

The Trump administration has dropped its case against a former Olympic canoeist charged in connection with damage to the Reflecting Pool, acknowledging their allegations against David “Davey” Hearn don’t hold water.

In a filing Friday afternoon, a supervisor in the U.S. Attorney’s Office for the District of Columbia, which is headed by Jeanine Pirro, wrote that officials obtained information that undermined “the evidentiary basis for the indictment” against Hearn.

It is sincerely heartening that basic evidentiary standards continue to apply in lower courts in the United States. Like with the lies about the 2020 elections, the stuff the president and his flunkies say on TV end up falling apart when they have to make an actual case.

I wish more Americans were paying attention and would see all of this for what it is.

Meanwhile, the DOJ continues to prove it is more interested in pleasing Trump than anything else.

Prosecutors said that after the indictment came down on July 2, the Interior Department provided additional documents to the U.S. Attorney’s Office “indicating that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor, Atlantic Industrial Coatings.”

DOJ said it “first became aware of information showing that the damage was the result of a botched installation and not vandalism” after reviewing more documents.

“Had [the Interior Department] been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment,” the filing said.

DOJ said when it presented the case to a grand jury, it was “not in possession of any information from DOI indicating that any damage to the Reflecting Pool was caused by anything other than the actions of the defendant and other vandals who damaged the pool’s lining.”

Of course, this may be because they didn’t try to do their due diligence and instead went to get Trump a “vandal” to prosecute. Moreover, it was obvious to anyone with two eyes and half an ounce of honesty that the problem with the pool wasn’t vandalism.

It may be technically true that DOI documents made it impossible to find a fig leaf for this naked political prosecution, but they are backing off and telling the truth because they have to in court, not because they want to.

The Justice Department filing said that based on its review of evidence, “it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”

In the spirit of a recent post, no shit, Sherlock.

Also, behold the competence on display.

Assistant U.S. Attorney Kevin Reddington, a rookie federal prosecutor, earlier in the week accused Hearn’s defense attorneys of violating grand jury secrecy rules. But as Hearn’s defense attorneys noted, the rules that Reddington cited applied to government attorneys, not defense attorneys.

Such an impressive array of folks in this admin!

11 responses to “Some Good News: Lower Courts are Still Functional”

  1. Isn’t it normal practice for prosecutors not to seek indictments until after the completion of an investigation, or at least until they have sufficient evidence to make a strong case? “The Interior Dept said it was vandalism” doesn’t strike me as evidence of any kind against Hearn. What in concrete terms did Pirro claim he’d done? What evidence did she have he did it? The answers appear to be ¯_(ツ)_/¯.

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    1. I think that practice is normal within DOJs that care about the reputations and credibility of the prosecutors.

      But under Donald Trump, federal employees are required to care about Donald Trump first and foremost.

      Sure, a few lawyers might get disbarred, a few congresscritters might lose their elections, a few million people around the world might die, but that’s a sacrifice Donald Trump is willing to make.

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    2. Apparently not in the trumpist DoJ. NYT’s article this AM on the persecutions prosecutions of ICE protesters in Minnesota, notes that the prosecutions are falling apart in court because, like Chicago, DoJ sought indictments before finishing investigations.

      When you’re using the power of government to intimidate the populace, you don’t rely on niceties like due process.

    3. Saw an Insta this morning of someone aggregating the repeated administration allegations that it was vandalism, which included Pirro herself telling Fox News that they had a lot of “strong evidence” of vandalism.

    4. Any time Pirro holds a press event accusing someone of something, she needs to be reminded of this with some perfectly reasonable questions on the strength of her evidence compared to that she claimed against the reflecting pool cyclist.

  2. This just the equivalent of a SLAP suit with the bonus that the cult will actually believe it was vandalism. They will believe that charges were dropped due to some technicality (like no evidence) and that the guy was really guilty.

    Steve

  3. I wish more Americans were paying attention and would see all of this for what it is.

    They pay attention. On conservative sites I see constant references to the lower courts subverting the administration solely because of their leftist ideology, refusing to consider the obvious evidence and unconstitutionally rebelling against the wise guidance of the Supremes.

  4. Let’s be clear…Fatso was willing to put this guy in jail for 10 years to protect his crony who received a no-bid contract and proved to be just as incompetent as the rest of this administration.
    These idiots could not prosecute a ham sandwich, much less prosecute a war in the Middle East.

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  5. Practicing in federal court these days must be hell. In the before times there was a doctrine known as the presumption of regularity, which meant that attorneys employed by the federal government were presumed to be acting in good faith in the pursuit of fairness and justice, and were presumed to tell the truth to the extent they were able to know the truth. The willful abdication of the presumption of regularity by DOJ is catastrophic to administering the law in a neutral, fair, and detached manner. Imagine how hard it must be for trial court level federal judges to be thrust into a world where they cannot trust what attorneys representing the United States say in open court.

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  6. Trump is enraged at Pirro: “What was she thinking?” As far as he’s concerned, the proof of vandalism is undeniable.

    1. He’s claiming his anointed DC prosecutor lied in court.

      Think about what that means.

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