Judge kills failed Reflecting Pool case against former Olympian
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A lone worker tends the Lincoln Memorial Reflecting Pool on August 5 in Washington, DC. Photo: Win McNamee/Getty Images
A judge killed the Trump administration's case against former Olympian David Hearn Thursday, some two months after the Justice Department revealed "flawed installation" led to the Lincoln Memorial Reflecting Pool's damages, not vandalism.
Why it matters: The judge dismissed the case with prejudice, meaning the charges can't be revived against Hearn — even if President Trump continues to insist that vandals are responsible for the pool's problems.
Driving the news: The government recognized its prosecution lacked merit because "no crime had occurred," Judge Todd E. Edelman of the Superior Court of the District of Columbia wrote in his order, an excerpt of which was shared by Democracy Defenders Fund founder Norm Eisen, part of Hearn's legal team.
- Edelman previously dismissed the case but kicked the question of whether it would ultimately be dismissed with prejudice down the road.
- While the government had pushed for the case to be tossed without prejudice, meaning they could pursue Hearn again at a later date, Edelman said in his Thursday order that "a dismissal without prejudice would not account for the exceptional circumstances presented by this case."
Catch up quick: Hearn, a former Team USA Olympic canoeist, was indicted in July for allegedly destroying property when he reached into the Reflecting Pool.
- But the DOJ, via U.S. Attorney for D.C. Jeanine Pirro, later requested the indictment be dismissed, pointing to evidence the Department of the Interior shared after charges were brought against Hearn.
- "Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment," a court filing from Pirro's office read.
Friction point: Trump raged against Pirro for abandoning the case, saying she "folded like an umbrella" and "choked."
- Edelman noted the criticism Trump levied against Pirro in his order, writing that "Hearn faces the unique possibility that the government will revive this case — one that it has already announced to be meritless — based on political pressure brought by the President of the United States upon his subordinate officers."
- He added, "the government must thus be barred from reinstituting this charge against Mr. Hearn."
What they're saying: The DOJ did not immediately respond to Axios' request for comment.
- Hearn's counsel applauded the decision as "a victory for the rule of law and for an innocent American seeking justice."
- Hearn's attorneys had argued that the case "was motivated by political considerations and devoid of adequate factual support" from the start and should be dismissed with prejudice.
- "[T]he DOJ decided to shoot first and ask questions later—indicting Mr. Hearn, an innocent citizen, and only then, when forced by defense counsel, conducting the minimal investigation necessary to determine that he committed no crime," they wrote in a filing.
Flashback: As part of his gilded D.C. renovations, Trump mused for months about redoing the pool ahead of the nation's 250th anniversary celebrations.
- But amid the president's project, recurring algae issues and apparent tears in the lining quickly garnered media attention — with the president alleging vandals had used a blade to slash the facade and poured chemicals into the water.
Go deeper: Reflecting Pool contractor admits faulty repairs, not vandalism, caused damage
