The White House has formally requested that the Department of Justice (DOJ) consider a new prosecution in connection with the Reflecting Pool damage case, which federal prosecutors had previously moved to dismiss.
The initial case, which the U.S. Attorney's office headed by Jeanine Pirro sought to drop on July 31, involved allegations against Olympic canoeist David Hearn. He was accused of causing damage to the significant $14 million project after issues such as cracks, algae growth, and peeling sealant were observed in the pool.
Initial Case Dismissal and Defense Reaction
Pirro's office cited findings from the Department of the Interior, which concluded that the damage was attributable to defects in the installation process rather than acts of vandalism. This led to the decision to move for dismissal.
In response to the potential for a renewed prosecution, Hearn's legal representatives asserted that pursuing a new case would only serve to undermine the credibility of the DOJ, especially after prosecutors had already acknowledged a lack of sufficient evidence to support the original charges.
If true, it would mark a shocking first: a case that the DOJ lost by its own admission because it lacked the evidence to convict, returning from the dead. This would add another bizarre turn to a sad chapter in the DOJ's history and further harass an innocent man.
This statement was issued jointly by Norm Eisen of Democracy Defenders Fund, Mary Dohrmann of Washington Litigation Group, and Steve Levin of Steptoe LLP.
While Pirro's office moved to drop the initial federal case, prosecutors sought a dismissal without prejudice. This legal distinction means that the charges could potentially be brought forward again in the future.
Administration's Firm Stance on Vandalism
The possibility of a renewed prosecution aligns with the Trump administration's consistent position that the damage to the Reflecting Pool was indeed caused by vandalism.
President Donald Trump had previously stated that slashes, which appeared to have been made with a knife, were discovered in the pool's material. He also claimed that individuals had been observed kneeling at these specific locations with their hands in the water.
U.S. Park Police had identified Hearn as a suspect after reports that he was seen on June 19 grabbing and tugging at a loose section of the pool's coating. Authorities stated that he continued this action even after employees from the National Park Service instructed him to stop.
The estimated cost of the damage was approximately $1,000, leading to Hearn's indictment on July 2 on one count of felony destruction of property.
President Trump's Public Outcry
President Trump publicly urged Pirro to reconsider what he described as her “hastily made” decision to drop the felony charge. He also criticized Hearn's alleged political affiliations, claiming Hearn was a “big player” in the Democratic fundraising platform ActBlue.
U.S. Attorney Jeanine Pirro should re-visit her hastily made decision, especially since it turned out that the ‘gentleman’ involved is a big player in ActBlue, a disgraceful fundraising SCAM, and is represented by a TRUMP DERANGED SLEAZEBAG, Political Hack Lawyer, Norm Eisen, and CREW, a group that uses ‘charity’ for political purposes which is, to the best of my knowledge, ILLEGAL!
President Trump later commented that Pirro had “choked” under pressure from a judge regarding the case and “folded like an umbrella.”
