by George Washington University
Newswise — Five individuals have been arrested on alleged vandalism charges at the Reflecting Pool. These arrests are raising questions about the legal standards for prosecuting damage to federal property and the government’s responsibility for maintaining historic landmarks.
Sara Bronin, a professor at the George Washington University Law School and a nationally recognized expert on property law, historic preservation, land use and government regulation, is available for comment. She previously served as chair of the U.S. Advisory Council on Historic Preservation.
Bronin says: “President Trump’s decision to waste millions of taxpayer dollars on a no-bid contract for unqualified people to slather paint on the century-old Reflecting Pool resulted in damage to this important part of the National Mall. Now, he’s trying to shift the blame for his own actions to innocent passersby — by arresting and charging them for federal crimes for dipping their fingers into the Pool, or touching some of the flaking paint.
The statute [18 USC § 1361] apparently referenced by the administration requires proof of ‘willful’ injury or depredation of federal property, and it has been used in the past to prosecute people for absconding with federal funding, desecrating Arlington Cemetery, and destroying military documents, among other things. The passersby charged this week seem to have been peaceably bearing witness to the damage caused by someone else entirely — the Trump administration itself — and it’s hard to imagine a court allowing the charges to advance any further.”
Bronin can discuss the legal requirements of 18 U.S.C. § 1361, what constitutes “willful” damage to federal property, and the intersection of criminal law and historic preservation. To schedule an interview, please contact Claire Sabin at claire.sabin@gwu.edu.
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Courtesy: Newswise