The White House has asked the Justice Department to consider bringing a new criminal case against David Hearn, according to multiple reports, after prosecutors dropped the felony charge against the former Olympic canoeist because evidence showed a faulty renovation, not vandalism, caused the damage to the Lincoln Memorial Reflecting Pool.
Justice Department officials are now looking at whether Hearn could be charged again, potentially with a misdemeanor.
The Wall Street Journal first reported the White House request, which CBS News and Fox News later confirmed. So far, the Justice Department has not decided to pursue another case.
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Prosecutors found problems with the renovation
He was accused of damaging sealant installed during a renovation of the Reflecting Pool, a project backed by President Donald Trump. Prosecutors initially charged him with a misdemeanor before pursuing a felony destruction of government property charge based on more than $1,000 in alleged damage.
That changed after prosecutors received records detailing problems with the pool’s new coating.
U.S. Attorney Jeanine Pirro’s office moved to dismiss the felony charge earlier this month after evidence showed problems with the newly installed coating. Prosecutors told the court that a contractor’s botched installation, rather than vandalism, was responsible for the damage blamed on Hearn.
The government later moved to dismiss misdemeanor charges against three other people accused of damaging the pool.
Hearn has said he was riding his bike near the Reflecting Pool in June when he reached into the water and touched a piece of coating that had already separated from the bottom.
Trump wants prosecutors to reconsider
Trump publicly rejected Pirro’s decision, writing that he disagreed with her “100%” and urging her to revisit what he called a “hastily made decision.” He later said a “highly credible witness” saw Hearn pulling at the pool’s coating.
Pirro subsequently visited the White House carrying a box of evidence from the investigation. CBS News reported the material included evidence collected from the Interior Department that cleared Hearn and the other defendants of criminal vandalism.
The Journal reports the White House later contacted the Justice Department’s Criminal Division about whether Hearn could be prosecuted again. Officials have discussed a possible misdemeanor, which would not require a grand jury. The Journal reported those conversations have not reached Attorney General Todd Blanche.
A Justice Department spokeswoman said the department determines whether crimes have been committed based on the evidence, facts and law.
A judge has dismissed Hearn’s case but has not yet decided whether the dismissal should be with prejudice, which would prevent prosecutors from charging him again over the same alleged conduct. Additional briefing is expected before the judge decides the issue.
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