‘A sad chapter in the DOJ’s history’: The White House reportedly wants to try again after charges against Olympic canoeist David Hearn were dropped

According to The Wall Street Journal, White House officials have asked the Justice Department to look into filing a new case against Olympic canoeist David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool. This comes after U.S. Attorney Jeanine Pirro dropped the original charge against him, according to people familiar with the matter.

President Trump has expressed anger over Pirro’s decision. A new case against Hearn would be unusual, especially since Pirro had told a judge in detail that the government’s choice to indict him on a felony charge was based on poor information. She said the damage to the reflecting pool was caused by a failed renovation, not vandalism.

Justice Department officials are now looking into whether a different kind of case, likely built around misdemeanor charges, is possible. The people familiar with the matter said these discussions are informal and still in early stages.

Judge set to rule next month on whether the case can be filed again

A hearing is scheduled for next month before the judge who oversaw the earlier case. The judge will decide whether the dismissal should be “with prejudice,” which would stop the Justice Department from charging Hearn again for the same alleged actions. The Justice Department’s own review had found that officials blamed a botched pool installation rather than any wrongdoing by Hearn.

Trump has criticized Pirro multiple times since she dropped the case. In a social media post on Friday, he said she “should revisit her hastily made decision.” He also shared a photo labeled “Vandalism” that he said showed graffiti and damage to the reflecting pool. On Sunday, Trump said a “highly credible witness” saw Hearn ripping and pulling at the pool’s coating.

Hearn was at the reflecting pool in June during a bike ride. He has said he put his hand in the water to touch a piece of coating that had already come loose from the bottom. He was first charged with a misdemeanor, but prosecutors later raised the charge to a felony.

A Justice Department spokeswoman said, “The Department of Justice follows the evidence when determining if crimes have been committed. We always evaluate any case based on the facts and the law.” The White House pointed to Trump’s social media posts when asked for comment.

Norm Eisen, one of Hearn’s lawyers, spoke out against the idea of a new case. He said it “would mark a shocking first: Bringing back from the dead a case that the DOJ lost by its own admission that it lacked the evidence to convict.” 

He added that it “would add another bizarre turn to a sad chapter in the DOJ’s history, and further harass an innocent man.” When the case was first dropped, some lawmakers had already begun criticizing the administration’s handling of the Justice Department.

This discussion follows weeks in which Todd Blanche worked to address concerns from senators who felt he was too willing to let the Justice Department follow Trump’s wishes. 

Blanche had served as acting attorney general since Pam Bondi was fired in April. He was confirmed for the permanent position over the weekend by a 50-49 Senate vote and was sworn in on Monday.

Blanche, who worked as one of Trump’s defense attorneys before joining the government, has said he believes it is the president’s right and duty to weigh in on the Justice Department’s criminal investigations. This view differs from past attorneys general, who generally tried to avoid any appearance that the White House was influencing the department’s decisions.

At a news conference last week on a different topic, Blanche did not say whether he thought Pirro handled the reflecting pool case correctly. The current discussions about a new case have not reached Blanche directly. Instead, they are taking place within the Justice Department’s criminal division, according to some of the people familiar with the matter.

The reflecting pool project is one of several renovation efforts in Washington that Trump has pushed forward, saying he wants to improve how the capital looks. Some of these projects have led to controversy and legal challenges. 

Last week, a federal appeals court ordered a stop to work on a $400 million ballroom Trump is building at the White House, saying Congress had not approved the project. Trump criticized the ruling and said he plans to appeal to the Supreme Court.