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

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.

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.

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. 

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.

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.

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.