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The White House has asked the Department of Justice to weigh new charges against David Hearn, a former Olympic canoeist accused of vandalizing the Lincoln Memorial reflecting pool, according to a person familiar with the matter. The request, first reported by the Wall Street Journal, aims to revive a case that has drawn public rebuke from President Trump since U.S. Attorney Jeanine Pirro dropped the charges citing insufficient evidence.
Coverage comparison
The Guardian reports that the White House made the request to officials at Main Justice, the department's Washington D.C. headquarters, and that it was unclear what the basis for filing new charges would be. The justice department did not directly respond when asked whether it was considering new charges. A spokesperson said in an email: "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 Guardian also details President Trump's public criticism of Pirro, who he nominated as interim U.S. attorney for the District of Columbia and who was later confirmed by the Senate in August. Trump accused Pirro of having "folded like an umbrella" and said she "choked" in her handling of the case. Speaking from the Oval Office, Trump said: "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." He added: "I was disappointed with Jeanine Pirro, really disappointed with Jeanine Pirro. She folded like an umbrella."
Key claims
The case stems from charges against Hearn, one of seven people charged in connection with what Trump claimed were attempts to vandalize the $15 million renovation of the reflecting pool. Hearn had faced a felony property destruction charge that carried a potential sentence of up to 10 years in prison and a $1,000 fine. He pleaded not guilty last month.
Pirro dropped the charges on 31 July. In a 20-page filing dismissing the charges, her office said it had received evidence that damage to the pool occurred before Hearn visited it, and that "it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt." The filing also noted that the interior department had provided documents only "after the return of the indictment" showing the pool was already damaged before Hearn touched the water on 19 June. A motion by government lawyers said the documents "indicated a rushed and flawed installation process, with repeated failures of the lining during the installation."
Hearn has maintained that he reached into the water to touch a piece of already detached lining while on a bike ride in June. According to the justice department, the damage to the pool liner came as "the result of flawed installation by the contractor."
Trump's public rebuke of Pirro came amid reports that he was considering removing her from her post. When asked whether he was reconsidering her role, Trump refused to answer a follow-up question from a reporter, instead saying: "You're fake news. Don't ever talk again."
The request from the White House to the justice department is itself extraordinary and underscores how Trump has moved to take control of the department and use it for his own ends, according to The Guardian. Traditionally, the justice department operates at an arm's length from the White House to maintain impartiality and avoid the appearance of political interference.