Judge criticizes Trump pressure on prosecutors on reflecting pool vandalism charges

WASHINGTON — A District of Columbia Superior Court judge Friday seemed inclined to bar any new felony charges against former Olympian David Hearn, after the Trump administration accused the Maryland man of damaging part of the Lincoln Memorial Reflecting Pool.

D.C. Superior Court Judge Todd Edelman raised concerns about President Donald Trump’s public pressure campaign on the U.S. Attorney’s Office for the District of Columbia, following a quiet earlier move by U.S. Attorney Jeanne Pirro  to dismiss the charges.

Trump, who oversaw the multi-million-dollar renovation of the pool, has blamed vandals for the damage.

“The president of the United States is pressuring your office… to recharge Mr. Hearn (on) what you have decided is meritless,” said Edelman, who was nominated by former President Barack Obama. 

Government lawyers could not answer whether the Trump administration might again try to charge Hearn, of Bethesda, with damaging the reflecting pool. Pirro’s motion for dismissal was without prejudice, which means the case could be filed again.

“I don't know what the future will bring,”  Michael Spence of the U.S. Attorney’s Office for the District of Columbia said. “Ten minutes from now that decision could change.” 

Hearn has pleaded not guilty to the charges. 

Reflecting pool drama

Hearn’s case has preoccupied Trump, who faces public backlash and protest as he’s moved to reshape the historic landmarks and landscapes of the nation's capital. 

That has ranged from moving forward with a triumphal arch that dwarfs the tallest structure in the district, the Washington Monument, to removing iconic cherry blossom trees along the East Potomac Park.  

Over the summer, the Trump administration charged Hearn, an Olympic canoeist, with more than $1,000 worth of damage to the reflecting pool on June 19. 

When Pirro asked the court to dismiss the charges, Trump was angered. Trump said that Pirro “choked” and “folded like an umbrella” and pushed for charges to be refiled.

“Frankly, I think she choked because the judge was really vicious. Instead of going after the people that did it, the judge went after her and went after her department, and I guess she choked,” Trump told reporters. “I don’t know what the hell happened.”

Pirro said her office wouldn’t have sought charges if the Interior Department, which manages the Lincoln Memorial, had initially shared more information about repair work on the reflecting pool.

Supporters rally

Attorneys for Hearn, as well as dozens of supporters, gathered outside D.C. Superior Court before the hearing. 

They included Maryland Democratic Rep. Jamie Raskin, who slammed the Trump administration for initially bringing felony charges against Hearn. 

“Stop setting up our citizens for fraudulent purposes,” said Raskin, the top Democrat on the House Judiciary Committee. 

After the hearing, Hearn gave a brief statement. 

“This is not about me, this is about defending democracy,” he said. 

One of his attorneys, Norm Eisen of Democracy Defenders Fund, said if his client could be charged, then “every American is at risk.”

Edelman said he would make a decision soon.