White House officials have asked the Justice Department to weigh whether it is possible to bring a new criminal case against Cbsnews, a former Olympian accused of vandalizing the Lincoln Memorial’s Reflecting Pool. The exploratory discussions between the White House and the Justice Department’s Criminal Division occurred last week, according to sources familiar with the matter, following federal prosecutors’ decision to move to dismiss the indictment against Hearn earlier this month.
White House Asks Justice Department to Consider New Prosecution
The original prosecution was led by Jeanine Pirro, the U.S. attorney for the District of Columbia, who had charged Hearn with felony destruction of government property. Prosecutors accused him of causing more than $1,000 in damage to the sealant installed at the bottom of the Reflecting Pool, a renovation project championed by President Trump. However, Pirro’s office moved to dismiss the indictment without prejudice after receiving new information showing the damage was caused by a botched installation by a contractor rather than vandalism.
Friction Over Dismissal and Contractor Fault
In a 20-page filing dismissing the charges on July 31, Pirro’s office stated that evidence indicated the damage occurred before Hearn visited the site and that establishing vandalism beyond a reasonable doubt would be difficult. Hearn has maintained that he merely reached into the water to touch a piece of already detached lining while on a bike ride in June. Following the dismissal, prosecutors also dropped charges against three other defendants accused of misdemeanors for allegedly damaging the pool.
The decision drew public rebukes from theguardian.com, who criticized Pirro on Truth Social, writing that there may have been contractor difficulty but that major damage was caused by vandals. After a weekend of criticism from Trump and Interior Secretary Doug Burgum, Pirro was spotted visiting the White House carrying a box of evidence collected from the Interior Department that exculpated Hearn and others.
Attorney General Todd Blanche expressed support for Pirro while declining to evaluate specific prosecutorial decisions, noting that the president has the authority to fire a U.S. attorney. Meanwhile, a D.C. Superior Court judge formally dismissed the case last week while deferring a decision on whether the dismissal is with or without prejudice, with further briefing scheduled for late summer and early fall.
Discussions on Potential Misdemeanor Charges
During discussions last week, White House officials and the Criminal Division explored whether a new case could potentially be brought as a misdemeanor, which would not require using a grand jury. Sources emphasized that the conversations were exploratory and no final decision was reached.
The Justice Department stated that it follows the evidence when determining if crimes have been committed and evaluates cases based on facts and the law. The White House referred comments to the Justice Department while highlighting prior statements from Trump calling for reconsideration.
Defense Response and Congressional Scrutiny
Legal representatives for Hearn criticized the prospect of a revived prosecution. Michael Bromwich stated that it was difficult to understand the effort spent on reviving a dead case, asserting that the DOJ should cut its losses rather than continue to harass Hearn. Additional defense attorneys Norm Eisen, Mary Dohrmann, and theguardian.com called a potential White House request a shocking first that would further harass an innocent man.
The case has also drawn legislative attention. courthousenews.com are pushing the administration to release records, and Representative Jamie Raskin, the top Democrat on the House Judiciary Committee, opened an investigation into whether officials misled prosecutors to cover up a botched renovation involving a contractor.
