White House officials have asked the Justice Department to evaluate whether to bring a new criminal case against David Hearn, the former Olympian accused of vandalizing the Lincoln Memorial Reflecting Pool, after federal prosecutors dismissed the indictment against him earlier this month, according to multiple sources familiar with the discussions. Jeanine Pirro, U.S. attorney for the District of Columbia, had charged Hearn with felony destruction of government property, accusing him of causing more than $1,000 in damage to sealant that was recently installed at the bottom of the reflecting pool. The pool renovation project was championed by President Trump. The discussions between the Justice Department and the White House were previously reported by the Wall Street Journal. However, earlier this month, federal prosecutors moved to dismiss the indictment without prejudice, meaning the case could be brought again, citing new information that the damage was caused by a “botched installation” by a contractor, not vandalism. President Trump criticized the decision, writing in Truth Social that “there may have been some difficulties with the contractor, but the biggest damage was caused by VANDALS!” “I 100% disagree with Jeanine Pirro, the US Attorney for the District of Columbia, about the Reflecting Pool,” Trump wrote. “I don’t know what I was thinking?” After a weekend of criticism from Trump and Interior Secretary Doug Burgum, Pirro was seen visiting the White House with a box full of evidence. Sources said the boxes contained all the evidence collected by the Home Office that cleared Hearn and several others of criminal vandalism. A view of the empty Lincoln Memorial Reflecting Pool on the National Mall in Washington, DC, on July 15, 2026. Alex WROBLEWSKI /AFP via Getty Images Last week, a DC Superior Court judge formally dismissed the case, but raised the question of whether to dismiss it with or without prejudice, which could affect whether the current felony case could be revived. More briefings on the case are scheduled for later this summer and early fall. The conversation between the White House and the Criminal Division occurred last week, a source said, and discussions focused on whether there was a way to potentially present the case as a misdemeanor, which would not require the use of a grand jury. The talks were exploratory and no decision was made, the source added. After deciding to drop Hearn’s charges, Washington prosecutors decided to drop charges against three other defendants who were charged with misdemeanors for allegedly damaging the pool. The three were charged with destroying property worth less than $1,000. Michael Bromwich, a lawyer representing Hearn, said in a statement to CBS News that it was “really difficult to understand the enormous effort that apparently went into reviving a case that was dead on arrival.” “The case was dismissed because there was no evidence to support the allegation against Mr. Hearn. That won’t change if more people spend more time finding a way to save him. At some point, the Department of Justice should just cut its losses and pursue actual criminal activity instead of continuing to harass Mr. Hearn.” Bromwich said. In some administrations, the Justice Department has refrained from discussing criminal cases with the White House to preserve its prosecutorial independence. During the Biden administration, Attorney General Merrick Garland said in a memo to the department that the Justice Department “will not advise the White House on pending or anticipated criminal or civil investigations or cases unless doing so is important to the performance of the President’s duties and appropriate from a law enforcement perspective.” Blanche may have a different view of the role of the Department of Justice. During his confirmation hearing, Democratic Senator Chris Coons of Delaware asked him: “Is the Justice Department that you lead independent of the White House?” Blanche responded: “The Department of Justice, like all departments of the executive, is part of the executive.” More from CBS News Go deeper with The Free Press in:
