A judge in the nation’s capital agreed on Thursday to permanently dismiss a criminal case charging a former Olympian with vandalizing the Lincoln Memorial Reflecting Pool, a move that could prevent federal prosecutors from reviving the case under political pressure from President Donald Trump.
D.C. Superior Court Judge Todd Edelman ordered the dismissal of David Hearn’s case with “prejudice,” which would block U.S. Attorney Jeanine Pirro’s office from refiling the felony charge against him. The judge ruled nearly a month after hearing attorneys’ arguments.
Hearn’s lawyers say Trump administration officials have continued to falsely accuse the Maryland resident of vandalizing the reflecting pool despite Pirro’s decision to drop the case on July 31. Trump responded by saying Pirro “choked” and “folded like an umbrella.”
In a court filing in July, Pirro said new evidence produced by the Interior Department showed Hearn wasn’t responsible for damage to the pool’s lining. Pirro’s office attributed the damage instead to a botched installation by a contractor as well as a rush to complete the project in time for this summer’s America 250 celebration in Washington.
Pirro’s admission was an embarrassing setback for the White House. Interior Secretary Doug Burgum has backed Trump’s claims that vandals damaged the pool.
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