
US Attorney Jeanine Pirro angered her benefactor, Donald Trump, by asking a federal judge to dismiss felony charges she’d filed against Olympian Davey Hearn,* a member of the International Whitewater Hall of Fame. (You can read her motion and the judge’s response here–it’s about 20 pages, and well-illustrated.)
You’ll recall that it’s just about a month ago when police arrested Hearn, who had interrupted a long bike ride to check out the damage at the reflecting pool in the middle of the day. Wearing a loud biking outfit and a helmet–hardly standard attire for a vandal–Hearn spent about 5 hours in police custody. The Trump Administration drained the pool for repairs, and Trump explained that the conspicuous erosion of the custom American flag blue liner was the result of vandalism. No surprise, Trump embellished the story, describing a slash in the pool liner that grew in successive tellings from 100-300 feet. Pirro, a longtime Trumpo loyalist, had announced that she was committed to the case against Hearn, and promised “tremendous evidence” to submit to court.
Prosecutors must demonstrate means, motive, and opportunity to secure a conviction, as we’ve all learned from police procedurals on television. But there was never a show of motive, and there was plenty of video online undermining any hint of opportunity or means: Hearn had bike shoes and a helmet–no sabre. Trump has said that he’s less concerned with securing convictions than making his enemies suffer. And I’m sure Davey Hearn had an awful–and probably costly–month.
Pirro’s motion to dismiss reports that the Interior Department misled her investigators and the Department of Justice. In investigation, she found that the liner had been visibly deteriorating long before Hearn got off his bike, the result of substandard work by an inexperienced contractor that won a generous no-bid contract based on prior work for Citizen Trump. The Justice Department, she explained, isn’t supposed to prosecute cases unless attorneys are confident of sufficient evidence to secure a conviction–and it just wasn’t there. Officers of the court aren’t supposed to lie and can be punished for doing so in court filings. Anyway, US Attorney Pirro opted to do her job and tell the truth.
At some point, the story of what happened inside the Office of the US Attorney for DC will come out. We’ll learn if Pirro was motivated by a sense of duty and/or a fear of punishment. We’ll find out whether she couldn’t find an Assistant US Attorney willing to conduct the prosecution and whether there were threats of resignation. The indictment was inexcusable, but truth and justice late is better than never. At this point, we should applaud Pirro’s truthful filing, and call for more, starting with an apology and a commitment to the law….at least.
Without citing evidence, Trump, the president of the United States, and his Secretary of the Interior, Doug Burghum, criticized Pirro for getting it wrong and “chickening out.” They’re not working as attorneys and are, apparently, free to lie without restraint save damage to their credibility. You’ll have a hard time finding evidence that Trump worries much about his reputation for integrity. He does worry–and stew–about defiance from his subordinates. In the next few days, there will doubtless be some show of discipline against Pirro; maybe she’ll leave office or maybe refile charges. Or maybe the erosion of trust within the Administration will continue just like the pool lining.
(Do you want to believe the Administration’s reports from Iran, knowing they will lie to you about peeling paint?)
*Full disclosure: I was glad to know Davey Hearn when I was a student at Hampshire College. I learned, shortly after arriving, that it hosted an extraordinarily high concentration of whitewater stars. I met Davey’s sister, Cathy, also a repeat Olympian and Whitewater Hall of Famer at a new student event. I tried to impress her with the story of my one-time participation in an open canoe race; it is astonishing that she became a friend anyway. Both Davey and Cathy displayed the drive and discipline of world-class athletes, along with the resilience, humility, and ingenuity that comes with continued excellence in a sport that operated without much money or visibility. They built boats and gear and, upon request, helped others (including me!) learn to paddle and build as well.













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