Trump's DOJ Just DESTROYED Its OWN Reflecting Pool Case With Unreal Mistake

[00:00:00]Hi everyone, Harry here with the latest on the reflecting pool debacle for the government. And it's looking as if the right hand doesn't know what the left hand is doing or the right hand doesn't care what the left hand is doing as the government is scurrying around to redo the pool and try to remedy the um complete um green ugly torn up mess that it is. They've stumbled in at least two ways having to do with the charges against the man that they are saying vandalized the pool. That is David Hearn, the former Olympian. Okay, most importantly, and this is completely fundamental and elementary, and they are the gang that couldn't shoot straight or again just doesn't care because the point of the criminal charges was just a quick political hit for Trump rather than an actual effort to get at someone who had done a violation. When you charge somebody, you've got to A have the evidence and B preserve the evidence.

[00:01:24]You pick up the defendant's gun in a bank robbery or the bullet casings uh in the car that uh that Renee Good was riding in or the money from the bank.

[00:01:39]If it comes to trial, there's a whole meticulous called chain of custody procedure that you need to do in order to show this pack of money, this bullet, this gun is the very one that was picked up at the scene. So, people you've maybe seen these on legal procedurals. Here's the gun. You have put it in the bag. You label the bag. You put your initials on it. It goes in a locked safe. Anytime it comes out, you are the one who takes it out and put your initials in again. You give it over to the agent on the case. They put their initials so there is a chain of custody that when it comes time to present it to a jury, uh the government can prove that the thing is what they say it is. In other words, the gun that was used in the robbery, the clothes the defendant was wearing that day, etc. Apply this for a moment to the reflecting pool and the allegations against David Hearn that he ripped off with two hands a big piece of the actual pool itself, which seems to be um completely at odds with everything that Hearn says and other people saw and the like. But, as the defense has now said in a motion filed last week, look, the pool itself is integral. It basically is the offense. And now they're going in and actually doing all these repairs on the pool that they say they are um trying to prosecute. And so, how can you say any longer what shape the pool was in or try to prove when Hearn finished with it.

[00:03:41]I'll get back to that in a moment. The second way that they're screwing up is uh the whole um draining of the pool and repainting of the liner is putting the lie to this what always seemed like a crazy ass notion from Trump and others that that unnamed vandals had gone in and cut gashes in the bottom of some 350 yards the size of three football pools.

[00:04:10]Seems like what definitely happened is they laid down the actual materials and there are seams and the seams are where things came apart and they're having to redo those now. So anything they want to say about those seams seems to go out the window but also the the whole fact of it just puts the if not lie the fantasy to Trump's continual refrain of vandals cutting big 350 foot actual cuts in the bottom of the pool. Seems like nothing of the sort. All right, but now back to the big point because there was a hearing yesterday in court with the judge who has the case against David Hearn. That judge is Todd Edelman and the defense brought this up. Look, we've got this motion. They're just taking the fruits of the crime supposedly and completely working on it in a way they won't be able to do proof anymore. We will be prejudiced. You need to dismiss this case. It's actually a basis for dismissing a case that the evidence is no longer the evidence. It's been tampered with. It can no longer be introduced in court and frightening words for the prosecutors.

[00:05:34]The judge said yesterday the government is quote operating at its own peril. If the reflecting pool is altered in some way or not preserved before the defense expert has a chance to sample it. So, it is possible to do this. Everybody has added at the time they take evidence and whatever they preserve the evidence.

[00:05:58]You're not going to bring the entire reflecting pool into the courtroom nor bring probably. You might, but you don't have to bring the whole jury to the reflecting pool. But, whatever you're saying, whatever you're using, you better take it and preserve it and give the defense expert a chance to see it and analyze it and the like. And that hasn't happened. Why hasn't it happened?

[00:06:21]This I think goes back to the right hand not knowing what the left hand is doing.

[00:06:26]This is all politics, the reflecting pool.

[00:06:29]Trump doesn't uh there's no indication he actually believes David Hern is the criminal that they described in this indictment or that the prosecutors do. And the orders are there the political orders. Redo the pool, make it nice, and get this terrible um headache out of our hair. And so, the poor prosecutors, the putzes as they've been in the Trump administration from the whole time, go there and they actually have to say these are the assistant U.S. attorneys in the case that has charged David Hern with a felony for doing all this stuff.

[00:07:14]They didn't know whether the affected area had been touched by the government.

[00:07:19]This is equivalent to the bank's robbed, the feds come in for whatever reason, it's a federal bank, and want to redo, and they don't even coordinate with the prosecutors. They just are going and doing their own job. A real indictment, if you will, of the the DOJ and the government and the prosecution against Hern, which has always appeared and I've surmised and the evidence might in fact show, is something like a reprisal prosecution in a way even worse. Hern is not Trump's enemy. Hern is a guy who is there to fit Trump's complete political narrative that it couldn't be Donald Trump and his people who gave us a totally algae-ridden mess up reflecting pool. It must be those woke liberal vandals and here's a guy made to order and they just drag him in and charge him. That's in some ways even more grotesque a corruption of the criminal justice system, not even the excuse, if you want to call it that. It's it's not an excuse, but the the rationale that Comey's my political enemy. This is just a guy who was wandering by and by his own account did nothing as what they're saying, picked it up, touched it and dropped it. And how they're now going to prove it beyond a reasonable doubt is especially unclear if in fact the government has gone in and done all this stuff to it and hasn't preserved the evidence, hasn't permitted the defense expert to have at it and you know, that's a due process problem and these prosecutors are just in court at you know, these charges are filed in a and and by the US attorney who makes all these political statements outside the record of witnesses who say this or that, then they get kicked into court where of course, we've seen it from the start, they don't know anything.

[00:09:23]Politics is going on and that's what really is dominating outside of the courtroom and they're the ones who have to go and just be completely without an answer and embarrassed in front of the District Court. So, now the defense has said dismiss this case or if need be have an evidentiary hearing about what's happened to the evidence because if it comes in and they literally don't have the evidence that could have been exculpatory. In fact, the evidence if they don't have that um uh you know, whatever uh piece of liner that they say her and Torre out at a minimum, they should be getting to in front of the jury some kind of instruction that says, you know, the government just doesn't have this. You can assume it wouldn't have been good for them and the like. And what it leaves may not be enough, which is these supposed witnesses that in the improper press conference that they had to announce the charges, they just talk about. We haven't seen them. We don't know what they have to say. I think cross-examination will be brutal. But for now, it might not even get there because the court could rule before or after an evidentiary hearing.

[00:10:45]You did all this stuff. You didn't let the defense attorney even look at things. That's a problem under both the due process clause and just the chain of authenticity for a piece of evidence, this case is dismissed. Whether or not that happens, this case is completely snakebit, irresponsible, not at all in you know, following the principles of federal prosecution. I think time will reveal. They don't They don't have a case that shows he did it beyond a reasonable doubt and they can prove it, which they have to have. So, it's bound I think to unwind again as what should be a horrific kind of black eye for the department and for that office, maybe even give rise to sanctions against the US attorney for her intemperate and possibly false statements at the press conference. And they are either so corrupt as to not care and they just wanted the first hit of the indictment or they are so incompetent to not even be able to coordinate the actual preservation and documentation of evidence in a big case or both. But uh my strong surmise is this case is going nowhere fast.

[00:12:08]Talk to you later.

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[00:12:32]Talk to you later.