Jeanine Pirro has filed a 20-page motion to dismiss the indictment against Davey Hearn, on the basis of being utterly helpless to know that the pool was badly damaged weeks before Hearn came along.
Much of it aims to blame everything on the Park Police and Doug Burgum.
Pursuant to the Department of Justice’s Principles of Federal Prosecution, a criminal prosecution should only be maintained if the defendant “will more likely than not be found guilty beyond a reasonable doubt by an unbiased trier of fact and that the conviction will be upheld on appeal.” Justice Manual 9-27.220 (Comment). Based upon USAO-DC’s review of the record in light of the materials only recently disclosed by DOI, the government moves to dismiss the indictment without prejudice.
DOI provided less than fulsome information at the outset of this case. However, the information subsequently demanded by USAO disclosed by DOI—which was not known to the prosecutors or the grand jury before the return of the indictment—strongly suggest that a rushed and botched installation by AIC, the primary contractor, led to the damage to the lining of the Reflecting Pool. It was not until USAO-DC repeatedly reached out to DOI dozens and dozens of times that DOI slowly started trickling information to USAO-DC. Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment. Furthermore, prosecutors have an affirmative obligation pursuant to Brady ¥: Maryland, 373 U.S. 83 (1963), the Jencks Act, 18 U.S.C. § 3500, Rule 16 of the Superior Court Rules of Criminal Procedure, and Rule 3.8 of the Rules of Professional Conduct to produce information to the defense. DOI’s failure to fully and accurately provide information to USAO- DC undermined the government’ ability to abide by these responsibilities.
Prosecutors were helpless, you see, to learn about the significant fuck-ups with the pool before Hearn came along.
But even as DOJ attempts to blame DOI for DOJ’s own failures, they engage in Olympic class voice passing — though in one case they forgot to delete the active voice that had been replaced [wink] with the passive voice.
At the outset of the investigation into the damage at the Reflecting Pool, USAO-DC received barebones police reports from the United States Park Police (“USPP”) which isan agency within the DOL and under the jurisdiction of the DOI. The government requested “everything,” including all reports, all statements, witness statements, defendant’s admissions, citation notices, photographs, body wom camera footage, and surveillance footage, to include any and all inculpatory and exculpatory material from DOI relating to the instant case and the other cases where USPP had taken reports of vandalism related to the Reflecting Pool. Indeed, prosecutors specifically involved in the cases related to the Reflecting Pool made dozens and dozens of communications were made in an effort to identify and obtain the materials necessary to have all information to evaluate the case. After significant demands by USAO-DC, USPP provided the police reports and body-worn camera for roughly 10 individuals associated with the Reflecting Pool. [my emphasis]
Several things suggest this is just ass-covering.
First, Pirro doesn’t mention the damage done by Trump’s motorcade.
Second, she only asks for dismissal without prejudice. Are you fucking kidding me?!?!
Lastly, in a filing I had not seen reported before, Hearn revealed that after a witness testified that there was no way to attribute the damage to Hearn, given all the pre-existing damage, DOJ sent him or her back to the grand jury to falsely claim they had proof Hearn had done $1,000 of damage.
Following defendant David Carter Hearn’s submission to the Court of his Motion for Disclosure of Grand Jury Minutes and Legal Instructions, the government sent the defense a new version of the grand jury transcript for its witness on damages, “M.R.” The government’s new version of the grand jury transcript contains an additional two pages at the end of M.R.’s testimony that, according to the government, were “inadvertently left off” by the court reporter. In the additional two pages, in response to a pointed question from government counsel, M.R. summarily stated that the damage attributable to Mr. Hearn “would definitely be $1,000 or more.” See Sealed Exhibit 3, Updated Grand Jury Tr. of MR. at 30 (luly 2, 2026).’ After presenting this new testimony from M.R., government counsel opined to the grand jury, “Hopefully that kind of nailed down that specific question.” /d, at 30-31
[snip]
ccording to the newly disclosed transcript, the government excused M.R. at 11:36 am Exhibit 3 at 29. Twemy-one minwes later, at 11:57 am, the government recalled MR. and presented the additional testimony that the damage attributable to Mr. Hearn was “definitely” more than $1,000. /d. at 29-30. But by that time, the government should have known that this additional testimony was likely false or misleading, Just minutes before he was excused by government counsel at 11:36 am, MR. had given testimony establishing that no specific amount of damage was attributable to Mr, Hearn.
Just as all this was going down, former DOJ Inspector General Michael Bromwich filed a notice of appearance for Hearn. Bromwich knows how much of this is bullshit.
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