Former U.S. Olympian David Hearn and his attorneys returned to court docket to induce the choose who beforehand oversaw his Lincoln Memorial Reflecting Pool vandalism case to formally bar federal prosecutors from seeking new charges against him.
In late July, the D.C. U.S. Lawyer’s Workplace moved to dismiss the criminal case against Hearn in a submitting that acknowledged harm to the Reflecting Pool “was the results of flawed set up” and never the work of vandals — prompting outrage from President Donald Trump.
Former Olympian David Hearn stands along with his legal professional Norman Eisen as he speaks to reporters and protestors gathered after his arraignment at Moultrie Courthouse, July 9, 2026, in Washington, D.C.
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However the movement from U.S. Lawyer Jeanine Pirro requested the choose overseeing Hearn’s case, Todd Edelman, to dismiss the indictment “with out prejudice,” which would depart the door open for prosecutors to probably search to re-charge Hearn.
Hearn’s attorneys have argued a collection of statements from Trump and different officers within the weeks after Pirro’s movement that falsely accused him and others of vandalizing the pool warrants dismissal of the case “with prejudice” — successfully shutting the door for prosecutors to cost him once more.
“U.S. Lawyer Jeanine Pirro ought to re-visit her rapidly made choice [to dismiss Hearn’s indictment],” Trump mentioned in an Aug. 7 submit on social media.
In Friday’s listening to, Decide Edelman pressed an legal professional from Pirro’s workplace, Michael Spence, on why prosecutors would object to dismissing the case with prejudice after they’ve acquired no proof to this point suggesting something Hearn did was against the law.
Employees drain storm water out of the Lincoln Memorial Reflecting Pool on September 04, 2026 in Washington, DC.
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“I do not know what the long run will convey — none of us do,” Spence answered, including if proof did finally floor, “there is not any cause this court docket ought to tie the palms of a future grand jury to convey that indictment.”
“The place is it gonna come from?” Edelman requested.
“That I do not know,” Spence answered.
When requested by Edelman whether or not prosecutors have been nonetheless investigating Hearn’s conduct, Spence mentioned they weren’t.
“The U.S. Lawyer’s Workplace isn’t, no,” Spence answered.
At one level, Edelman zeroed in on Trump’s public feedback about Hearn’s case and his public solutions he would possibly fireplace Pirro if she does not revisit her choice to drop the case.
“How do I conclude these statements as something aside from assertion by the chief govt urging your workplace to pursue a prosecution that you’ve informed me is meritless?” Edelman pressed. “Is not this a reasonably distinctive menace of not simply re-prosecution however meritless re-prosecution?”
“I feel, Your Honor, it is untimely to even get there as a result of there has not — this case has been dropped. It has not been submitted to a brand new grand jury for an indictment,” Spence replied.
Spence argued that even when the federal government did sooner or later transfer to re-charge him, the grand jury course of would function a type of safety guaranteeing he would not be charged based mostly on no proof.
“How may Mr. Hearn have a look at this case and make that conclusion?” Edelman requested with clear skepticism, noting Hearn was beforehand indicted in a case the federal government now concedes was baseless.
“We believed based mostly on the proof that we had on the time that we had possible trigger, and the grand jury agreed that we did have possible trigger,” Spence answered.
