DOJ won’t rule out new charges for Reflecting Pool vandals as Trump calls to revisit dropped cases
The Justice Department is not ruling out possible new criminal charges connected to the Lincoln Memorial Reflecting Pool after reports that White House officials asked prosecutors to revisit their dropped case against Olympic canoeist David Hearn, as President Donald Trump has publicly pressed U.S. Attorney Jeanine Pirro to pursue the case. “The Department of Justice […]
The Justice Department is not ruling out possible new criminal charges connected to the Lincoln Memorial Reflecting Pool after reports that White House officials asked prosecutors to revisit their dropped case against Olympic canoeist David Hearn, as President Donald Trump has publicly pressed U.S. Attorney Jeanine Pirro to pursue the case.
“The Department of Justice follows the evidence when determining if crimes have been committed,” a DOJ spokeswoman told the Washington Examiner, without answering whether the department is being asked to reopen any dropped cases. “We always evaluate any case based on the facts and the law.” A White House official referred the Washington Examiner to the DOJ and Trump’s recent Truth Social posts when asked whether the administration was seeking new charges in the case.
” data-large-file=”https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases.webp” src=”https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases.webp” alt=”The Washington Monument and the reflecting pool” class=”wp-image-4673131″ srcset=”https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases-1.webp 1024w, https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases-1.webp?resize=300,196 300w, https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases-1.webp?resize=768,501 768w, https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases-1.webp?resize=150,98 150w, https://conservativemodern.com/wp-content/uploads/2026/08/doj-wont-rule-out-new-charges-for-reflecting-pool-vandals-as-trump-calls-to-revisit-dropped-cases-1.webp?resize=696,454 696w” sizes=”(max-width: 1024px) 100vw, 1024px”>The Washington Monument is seen in the background of the now drained Lincoln Memorial Reflecting Pool, Wednesday, July 29, 2026, in Washington. (Rahmat Gul/AP Photo)
The DOJ’s response comes as the Wall Street Journal reported Tuesday that White House officials had asked the DOJ to consider a new prosecution of Hearn. The department has held informal, preliminary discussions about whether misdemeanor charges could be possible, according to the report.
Trump has sharply disputed the conclusion of Pirro’s office that a botched Reflecting Pool installation, rather than vandalism, was responsible for the damage that prompted Hearn’s felony indictment.
In a Truth Social post on Sunday, Trump said a career National Park Service employee had told the U.S. Attorney’s Office in early July that the employee saw Hearn “violently” rip and tug at the pool’s coating. Trump also claimed additional damage occurred at the pool, although he acknowledged contractor error in what he characterized as a small, relatively inconsequential area of the project.
Trump said there was no video or other proof of the additional damage beyond the damage itself. He also alleged that an “acid like material” had been used on nearby newly installed grass, with “86 47” written on it, a term the DOJ has looked at with intense scrutiny in an unrelated prosecution involving former FBI Director James Comey and his social media post using the phrase last summer.
In an Aug. 7 post replying to X user Andrew Leyden, Trump asserted that the Reflecting Pool material had been cut for “300 feet or more,” citing unspecified witnesses, and said people had been on their knees with their hands in the water where the “slashes” appeared. He thanked Leyden for his observation and urged Pirro to “re-visit her hastily made decision.”
Trump additionally asserted that Hearn was affiliated with Democratic political action committee ActBlue and attacked one of Hearn’s attorneys, Norm Eisen, a frequent critic of the president who has handled several lawsuits against the administration’s policies and has represented defendants of the federal government under the current Trump administration.
Hearn initially faced a misdemeanor charge after visiting the Reflecting Pool during a June bike ride. Prosecutors later obtained a felony indictment alleging destruction of government property, and he faced up to 10 years in prison if found guilty.
But Pirro’s office moved on July 31 to dismiss the felony case without prejudice after the Interior Department produced additional documents. The government said the records showed the damage was caused by a flawed installation, rather than vandalism, undermining the basis for the indictment.
The request to dismiss without prejudice left open the possibility of a future prosecution. Hearn’s legal team is now seeking a dismissal with prejudice, which would prevent the government from bringing the case again based on the same alleged conduct.
Joshua Kolb, one of Hearn’s attorneys, told NBC News on Tuesday that the defense had asked the court for that outcome because the government’s requested dismissal would otherwise allow prosecutors to reindict Hearn later.
Kolb accused the Trump administration of allowing political considerations to drive the prosecution, an allegation the government has not admitted. He said Hearn’s lawyers had filed court motions beginning shortly after the arraignment that, in their view, showed Hearn could not have caused the damage prosecutors alleged.
A hearing is scheduled next month on whether the dismissal should be with prejudice.
Pirro’s office also moved to dismiss three other misdemeanor cases against Justin Carreno, Sophie Dennison-Gibby, and Cameron Thiers, who had also been accused of damaging the Reflecting Pool. The DOJ spokeswoman did not specify whether the department’s statement about evaluating cases under the facts and law applied to Hearn, the other defendants, or all of the dismissed cases.
Trump publicly criticized Pirro after the dismissals, saying she had “choked,” though he did not move to fire her.
Pirro faced separate criticism Monday from White House trade adviser Peter Navarro, who said during an appearance on Steve Bannon’s War Room podcast that she should fire John Crabb, a prosecutor involved in Navarro’s and Bannon’s respective criminal contempt of Congress cases.
“Do me a favor, Steve, when I’m on camera … And you don’t want to talk about something like [Pirro] … never mention her friggin’ name to me, because that woman still refuses to fire John Crabb, the prosecutor who was involved in putting you and me behind bars, OK?” Navarro said.
