Judge corners Trump DOJ as Reflecting Pool push runs into one problem: no new evidence

A DC judge questioned why prosecutors sought to preserve a future case against David Hearn despite lacking evidence or an investigation
Former Olympian David Hearn appeared in court on Friday, September 4, as his lawyers sought to permanently end the criminal case against him (AP Photo/Mark Schiefelbein, Finn Gomez/Getty Images)
Former Olympian David Hearn appeared in court on Friday, September 4, as his lawyers sought to permanently end the criminal case against him (AP Photo/Mark Schiefelbein, Finn Gomez/Getty Images)

WASHINGTON, DC: A District of Columbia Superior Court judge pressed Trump administration prosecutors on Friday, September 4, over their request to leave open the possibility of bringing new charges against former Olympian David Hearn in the Lincoln Memorial Reflecting Pool case.

Judge Todd Edelman asked what evidence could support a future prosecution after the government acknowledged it currently has no probable cause and is not investigating Hearn.

WASHINGTON, DC - JULY 09: Former olympian David Hearn's walks with his attorney Norman Eisen to speak to reporters and protestors gathered after his arrangement at Moultrie Courthouse on July 09, 2026 in Washington, DC. Protestors marched in support of Hearn, who was indicted for destruction of property after allegedlu damaging the Lincoln Memorial Reflecting Pool. (Photo by Finn Gomez/Getty Images)
Former Olympian David Hearn returned to court as prosecutors defended keeping open the possibility of future charges (Finn Gomez/Getty Images)

Assistant US Attorney Michael Spence could not identify what might produce new evidence.

The hearing also focused on President Donald Trump’s repeated demands that prosecutors reconsider dropping the case.

Judge presses prosecutors on evidence

Edelman asked Spence to give an example of something that could emerge and make a renewed prosecution viable.

(Photo by Chip Somodevilla/Getty Images)
Judge Todd Edelman pressed prosecutors to explain what evidence could support a future case against Hearn (Chip Somodevilla/Getty Images)

Spence said he did not have a “very satisfying answer,” while pointing to the possibility that repairs to the Reflecting Pool could reveal additional information.

When Edelman asked, “Where is it gonna come from?” Spence replied, “That I don’t know.”

DOJ says David Hearn is not under investigation

Spence confirmed that the US Attorney’s Office is not currently investigating Hearn. 

U.S. Attorney for the District of Columbia Jeanine Pirro speaks during a press conference at the U.S. Attorney's Office for the District of Columbia on July 02, 2026 in Washington, DC. Pirro announced that former Olympic canoeist David Hearn has been indicted by a grand jury on charges related to alleged vandalism of the Lincoln Memorial Reflecting Pool. (Photo by Anna Moneymaker/Getty Images)
The government told the court that federal prosecutors are not currently investigating Hearn (Anna Moneymaker/Getty Images)

Prosecutors nevertheless argued that a future grand jury should not be prevented from considering new charges if additional evidence emerges.

The government has maintained that it acted in good faith when Hearn was initially indicted, based on evidence supplied by the Interior Department concerning damage to the landmark.

Trump repeatedly attacked dismissal

Trump publicly criticized US Attorney Jeanine Pirro after her office moved to dismiss the case in July.

On August 7, Trump said Pirro should reconsider what he called her “hastily made decision.”



He also suggested publicly that she could face consequences over the matter.

Edelman asked prosecutors how he could view those statements as anything other than the chief executive urging their office to pursue what prosecutors had acknowledged was currently unsupported. 

Spence responded that Trump’s statements “speak for themselves.”

Reflecting Pool damage changed case

Hearn was arrested in June and charged with felony vandalism after authorities accused him of damaging the newly renovated Reflecting Pool.

WASHINGTON, DC - JUNE 14: National Park Service employees work to clean up algae in the Lincoln Memorial Reflecting Pool following the completion of recent renovations on June 14, 2026 in Washington, DC. The reflecting pool construction project started in April and work was completed last week as part of President Donald Trump’s plan ahead of the nation’s 250th anniversary. (Photo by Tasos Katopodis/Getty Images)
Federal prosecutors later said the damage resulted from a flawed installation rather than vandalism (Tasos Katopodis/Getty Images)

He has denied wrongdoing and said he touched a piece of liner that was already peeling.

In July, Pirro’s office moved to dismiss the indictment after prosecutors said evidence showed the damage resulted from flawed installation by the contractor rather than vandalism.

Edelman granted the dismissal in August but left open whether it would be with prejudice.

David Hearn seeks permanent case closure

Hearn’s lawyers want the dismissal entered with prejudice, which would prevent prosecutors from bringing the same charge against him again.

President Donald Trump speaks in the Oval Office of the White House, Thursday, Aug. 27, 2026, in Washington. (AP Photo/Manuel Balce Ceneta)
President Donald Trump speaks in the Oval Office of the White House, Thursday, August 27, 2026, in Washington (AP Photo/Manuel Balce Ceneta)

They have cited Trump’s public statements and concerns about renewed prosecution.

Edelman is expected to rule after considering arguments from both sides. 

Hearn’s attorneys say the government has acknowledged it cannot presently establish the alleged crime, while prosecutors maintain that future evidence could be considered by a grand jury. 

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