Crime · updated 53m ago · 2 min read
Judge Todd Edelman Permanently Dismisses Lincoln Memorial Reflecting Pool Vandalism Case Against David Hearn
Judge Edelman dismissed charges with prejudice, preventing refiling. Case concerns vandalism at Lincoln Memorial Reflecting Pool involving former Olympian David Hearn.
How much emphasis on Trump pressure.
9 of 11 outlets skipped it: another defendants’ vandalism cases were also dropped.
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Same story, two versions
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NPR
“political pressure brought by the President of the United States upon his subordinate officers.”Read the original ↗
Fox News
“Edelman rejected prosecutors’ request to preserve the possibility of recharging Hearn if new evidence surfaced, finding that existing investigative findings were sufficient”Read the original ↗
BBC foregrounds contractor error while Fox foregrounds DOJ/Interior findings and TV-style political context.
Case Closed With Prejudice
A Washington, D.C. judge permanently dismissed the Lincoln Memorial Reflecting Pool vandalism case against former U.S. Olympic canoeist David Hearn with prejudice, barring prosecutors from refiling the same charges.
“Today’s dismissal with prejudice ensures that the DOJ cannot bring this case against him again.”
Superior Court Judge Todd Edelman wrote that the decision ensures the DOJ cannot bring the case against him again, citing the “extraordinary possibility that Mr. Hearn will nonetheless face a meritless, politically motivated prosecution.”
The Justice Department had dropped the case after new evidence emerged that the government’s own contractor was responsible for the damage, and the BBC reported that the government found the pool issues were the result of a “rushed and botched” job by contractors.
CBS News said prosecutors had admitted in court filings that Hearn had not damaged the pool, even as the case had alleged felony destruction of government property and accused him of causing more than $1,000 in damage to the sealant.
Pressure Allegations and Quotes
Judge Todd Edelman said the case presented “exceptional circumstances” because President Donald Trump’s public statements could pressure prosecutors to revive a prosecution that prosecutors had already deemed meritless.
The BBC reported that Edelman agreed with Hearn’s lawyers’ concerns that Trump could pressure prosecutors to revive the case, and Edelman wrote, “Mr Hearn faces the unique possibility that the government will revive this case.”
Trump publicly rebuked U.S. Attorney for the District of Columbia Jeanine Pirro after she moved to dismiss the case, and the BBC reported that Trump described her decision as “choked” and “folded like an umbrella.”
Hearn’s legal team celebrated the ruling as a victory for the rule of law, with Norm Eisen saying the decision protects Hearn from the threat of renewed prosecution.
What the Ruling Changes
The dismissal with prejudice ended a months-long legal battle over allegations that Hearn vandalized the Lincoln Memorial Reflecting Pool, after prosecutors said the damage resulted from “flawed installation” by the contractor rather than Hearn ripping up the liner. CBS News said Hearn was accused of causing more than $1,000 in damage to the sealant installed last summer at the bottom of the Reflecting Pool, and the BBC reported that Hearn had been facing a 10-year prison sentence if convicted.
The Guardian reported that prosecutors could not prove losses beyond $1,000, and the court heard that the section of the pool Hearn allegedly touched was already damaged. The ruling also closed the door on prosecutors’ argument for a dismissal without prejudice, which would have preserved the possibility of future charges even after the U.S. attorney’s office conceded the case should not have been brought.