A former Justice Department prosecutor laughed openly Thursday at the government’s criminal case against former Olympic canoeist David Hearn, suggesting that prosecutors may be trying to turn “worthless” paint chips into a felony.

The case, brought by U.S. Attorney for the District of Columbia Jeanine Pirro, has already drawn national attention because of its unusual facts, its political backdrop and the severe charge facing Hearn.

Now it is drawing ridicule from legal experts.

Gene Rossi, a former federal prosecutor who tried more than 110 cases during nearly three decades at the Justice Department, appeared on LiveNOW from Fox shortly after Hearn pleaded not guilty in D.C. Superior Court to felony destruction of property.

Pirro’s office claims Hearn damaged the Lincoln Memorial Reflecting Pool by pulling up part of its new liner. Prosecutors say the damage exceeded $1,000 — the threshold needed to charge the case as a felony carrying up to 10 years in prison.

Pirro has described Hearn’s alleged conduct as “a deliberate act,” saying he was “forcefully and violently” pulling up the pool liner “with both hands.” She has also insisted the government has “tremendous evidence.”

Rossi was not convinced.

“To do that beyond a reasonable doubt, that may be hard if all you have — allegedly — is him reaching into the water and touching a detached piece of blue paint from the bottom of the pool,” Rossi said.

Then he sharpened the point.

“If that’s their case, they may have a tough, tough hurdle before a jury.”

The remark cuts to the central question in the case: did Hearn actually cause more than $1,000 in damage, or did he merely touch material that was already peeling away from a troubled renovation?

That distinction could determine whether the prosecution survives — or collapses.

The Reflecting Pool had already become the subject of embarrassment before Hearn’s arrest. President Donald Trump’s $14 million-plus renovation was reportedly plagued by problems, including green algae and peeling material shortly after the work was completed. Trump has claimed vandals cut a massive “350 foot gash” into the liner with a sharp object.

But critics have questioned whether the damage was really caused by vandals or by flaws in the renovation itself.

Rossi suggested that the visible condition of the pool may become a major problem for the government.

“Are you going to believe me or your lying eyes?” he asked, invoking the famous Groucho Marx line. “The American public, when they saw the Reflecting Pool after it was allegedly renovated in the middle of June — the next couple of days, there was algae, it turned green. Your eyes are telling you that something is not right with the way they did this.”

That argument could become central to Hearn’s defense.

If the pool was already failing, prosecutors must prove that Hearn caused the alleged damage, not simply that he was present near a damaged area. And they must prove the value of that damage beyond a reasonable doubt.

Rossi said that may be difficult if the evidence is merely a detached piece of paint or liner.

“They may have a difficult argument to make for the prosecution to say that a detached piece of paint that detached from the bottom of the pool — just touching it or even grabbing it — caused $1,000 worth of damage,” Rossi said.

Then came the line that made the segment go viral.

“Andy, if that is a detached piece of paint, that piece of paint is worthless! You can’t use it again!”

Rossi laughed after saying it.

The laughter underscored how unusual the case appears to some legal observers. A former Olympian is facing a felony charge carrying the possibility of a decade in prison, while at least part of the government’s theory may rest on damaged material that critics say had no real value left.

“I’d rather be the defense attorney in this case than the prosecution,” Rossi added, unless the government has strong eyewitnesses, law enforcement testimony or clear video evidence.

That caveat matters.

Pirro’s office may still present evidence not yet publicly known. Prosecutors may have video, witnesses or repair estimates they believe will support the felony charge. Pirro has already said those who doubt the case should “come to the trial.”

But for now, the public version of the case has raised serious questions.

Hearn, 67, pleaded not guilty. His defense has argued that the government’s case is weak and that it is not a crime simply to touch the Reflecting Pool. A judge has already refused prosecutors’ demand to bar him from returning to the area, releasing him without restrictions.

The political context makes the case even more explosive.

Trump has publicly blamed vandals for damage to the renovation, turning the pool into a symbol of lawlessness, public disorder and disrespect for national landmarks. Pirro’s prosecution fits neatly into that message: someone must be held accountable.

But if the evidence does not support the rhetoric, the case could become a symbol of something else entirely — overreach.

A botched renovation.

A public-relations crisis.

A felony charge built around peeling paint.

Hearn’s next court date is August 5. Until then, the question hanging over the case is the same one Rossi raised while laughing on Fox’s sister channel:

Can prosecutors really convince a jury that touching a detached, already ruined piece of pool liner caused felony-level damage?

Or did Jeanine Pirro’s office turn worthless paint chips into a criminal case it may struggle to prove?