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jeanine pirro
DOJ Drops Reflecting Pool Case, But Olympian's Lawyers Say That Won't 'Erase the Abuse' of Power
"The use of false charges and criminal prosecutions to deflect blame away from politically powerful leaders and their allies is an abuse of the justice system that cannot be tolerated," said another critic.
Aug 01, 2026
The US Department of Justice on Friday moved to throw out its criminal case against David Hearn, the Olympian it accused of vandalizing the Lincoln Memorial Reflecting Pool in Washington, DC, sparking demands for, at minimum, an apology from the DOJ.
"The Trump administration's case against Davey Hearn should have never been brought," said his attorneys, Norm Eisen of Democracy Defenders Fund, Mary Dohrmann of Washington Litigation Group, and Steve Levin of Steptoe LLP, in a joint statement.
"Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong," they continued. "The government's approach was ready, fire, aim. The administration owes Mr. Hearn an apology."
President Donald Trump in April announced plans to renovate the Reflecting Pool for the country's 250th anniversary. Two months later, despite the administration spending millions of dollars on resurfacing, the water turned green from algae. That led to a hydrogen peroxide treatment and a $1.7 million no-bid contract for a company whose owner is a Trump donor, after which multiple ducks were found dead.
Hearn, one of several people accused of tampering with the pool, was arrested in June. Early last month, Jeanine Pirro, the Trump-appointed US attorney for the District of Columbia, revealed that her office had secured a felony indictment against him. The 67-year-old, who faced up to a decade in prison, pleaded not guilty and had a trial scheduled for September.
"I didn't vandalize anything," Hearn, an Olympic canoeist, said in an interview with The Washington Post, explaining that he had touched a piece of pool lining that was already peeling off. "I didn't destroy or break or peel anything. By the time I realized what was going on, I was being put in handcuffs."
In its Friday motion to dismiss the case, Pirro's office said that after the return of the indictment, the US Department of the Interior (DOI) provided information indicating that the damage "was the result of flawed installation by the contractor, Atlantic Industrial Coatings (AIC), and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026."
"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 document also states.
MS NOW legal analyst Lisa Rubin highlighted Pirro's previous promise to "prove beyond a reasonable doubt" that Hearn caused the damage.
NBC News noted that "a spokesperson for Pirro said the filing spoke for itself. Her office also moved to dismiss at least one of the other three misdemeanor cases that had been brought in connection with the Reflecting Pool."
It's not just Pirro's office and the DOJ under fire for this debacle. While welcoming the motion to dismiss, Tim Whitehouse, executive director of the nonprofit Public Employees for Environmental Responsibility (PEER), took aim at DOI in a Saturday statement.
"This project has become a poster child for corruption and why competitive bidding and transparency in federal contracting matter," Whitehouse said. "Transparency in contracting prevents waste, self-dealing, and exactly the kind of expensive, embarrassing failure this project has become. Decisions about the best way to repair public infrastructure should rest with engineers and career experts following open, competitive bidding, not with political officials chasing a photo-op deadline ordered by the president while steering money to favored contractors."
"The use of false charges and criminal prosecutions to deflect blame away from politically powerful leaders and their allies is an abuse of the justice system that cannot be tolerated," he added. "The Interior Department officials responsible for this failure—the no-bid contract, the botched renovation, lying to the public and the rush to blame an innocent man—owe the public a full accounting. PEER calls on Congress to investigate and demands that those responsible face real consequences."
Meanwhile, Trump took to his Truth Social platform to make clear that he "100%" disagrees with Pirro, sparking speculation about whether he may fire her.
Interior Secretary Doug Burgum then claimed that "the evidence is clear, vandals have repeatedly caused damage to the Reflecting Pool," in a post on the platform X that New York Times reporter Trip Gabriel described as "repeating the boss."
Hearn's attorneys said that "Trump and Burgum are attacking Pirro because she admitted what we established in our legal filings all along: Trump's botched renovation was responsible for the damage—not Davey Hearn. However, Pirro's claim that she and her office were previously duped by Interior is nonsense."
"Starting immediately after arraignment, our motions repeatedly proved that the administration was to blame for the Reflecting Pool failures, not Davey," they added. "This is far from over, as we consider all legal remedies."
This article has been updated with new comments from President Donald Trump, Interior Secretary Doug Burgum, and Davey Hearn's attorneys.
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'Free Davey!': Olympian Pleads Not Guilty to Charges That He Vandalized Reflecting Pool
A lawyer for former Olympian Davey Hearn said the indictment "reflects the administration's effort to scapegoat Davey and to shift blame for their own failures."
Jul 09, 2026
As supporters gathered outside the courthouse in support, former Olympic canoe racer David "Davey" Hearn pleaded not guilty on Thursday after being charged by the Trump administration with vandalizing the Lincoln Memorial Reflecting Pool.
Last week, Jeanine Pirro, the US Attorney for the District of Columbia, secured a criminal indictment for property destruction against the 67-year-old Hearn for allegedly “forcefully and violently pulling up and removing the bottom liner” of the pool in June.
Hearn, who could face up to 10 years in prison if convicted, has said he was not vandalizing the pool and was simply pulling up a piece of the lining that had already begun to peel off.
"Today, Davey Hearn pled not guilty—because he is not guilty," said his attorney, Norm Eisen. "If Mr. Hearn can be charged with a felony for touching the Reflecting Pool, every American is at risk, and every American should be alarmed about this prosecution."
As he attempted to renovate the Reflecting Pool in the lead-up to the nation's 250th anniversary on July 4, President Donald Trump alleged that the scourge of algae blooms and peeling lining that have plagued the pool were caused by vandals, though he has provided little evidence.
The White House has claimed that at least seven people have been arrested for vandalism, though it provided no public information about other cases.
The company that installed the blue coating had previously worked at a Trump golf club, and the company that installed the water-cleaning system was owned by an investment firm led by a reported top Trump donor. Both received no-bid contracts awarded by the Department of the Interior.
Eisen said that the attempt to prosecute Hearn "reflects the administration's effort to scapegoat Davey and to shift blame for their own failures."
Hearn previously told The Associated Press that he was detained by National Guard troops and US Park Police for five hours after he reached into the pool to examine the newly peeled lining and briefly touched a piece of it. The canoeist said he let go of the lining as soon as he was told to do so by a park employee.
"It is not a crime to touch the Reflecting Pool," Eisen said.
Ryan Goodman, the co-editor-in-chief of Just Security, has said Hearn's indictment fits a "pattern of abuse of power" by Pirro, who was plucked from her previous job as a pro-Trump Fox News host to become DC's top prosecutor last year.
Goodman noted that, in a similar fashion to Pirro's use of the law against Trump's enemies, like the investigation into former Federal Reserve Chair Jerome Powell and the attempt to prosecute members of Congress who encouraged the military not to obey unlawful orders, the indictment against Hearn came immediately after Trump posted on Truth Social that he should spend "years in jail."
"Here we have it again," he said. "It's in lock-step with the president on this particular instance in which it seemed like authorities thought this was just a misdemeanor in the first instance. It smells really bad."
As Hearn was arraigned Thursday morning, dozens of supporters, including former Olympians, gathered outside the DC Superior Court at a "Free Davey!" rally to show solidarity.
Adam Van Grack, who chaired the Olympic national governing body for canoe and kayak sports and was coached by Hearn, described his former mentor as "someone who has spent decades giving back to athletes, to our community, and to our nation."
Van Grack noted Hearn's decades of volunteer work to maintain property owned by the US National Park Service that canoeists used for training.
“This is a person who has devoted his life to representing the United States on an international stage, caring for the community and protecting and caring for National Park Service property,” Van Grack said. “So the idea that he is a malicious destroyer of federal property shocks the conscience and makes no sense to anybody who’s ever known Davey Hearn.”
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US Olympic Athlete Indicted for Touching Trump's Infamously Botched Reflecting Pool Renovation
"These charges are outrageous and should be alarming to every American. This indictment reflects the administration's efforts to shift blame from their own failures," said attorney Norm Eisen.
Jul 02, 2026
US Attorney Jeanine Pirro on Thursday announced that her office had secured a felony indictment against former US Olympic athlete David Hearn for allegedly vandalizing the Lincoln Memorial Reflecting Pool.
In a press conference announcing the charges, Pirro accused the 67-year-old Hearn of "forcefully and violently pulling up and removing the bottom liner" of the Reflecting Pool last month.
“We will not allow our sacred monuments to be roped off or diminished or in any way impacted by disgruntled individuals who think that they and not the rest of the nation have the right to decide what should happen,” Pirro said. “These landmarks and monuments belong to all of us, and they must be protected for generations to come."
"He reached down into the pool and violently removed the liner" -- Judge Jeanine's press conference about charges she's bringing against a reflecting pool "vandal" was like a deleted scene from Idiocracy. Just when you think things can't get dumber, they find a way.
Here's a… pic.twitter.com/zMaXnJ2RVy
— Aaron Rupar (@atrupar) July 2, 2026
If convicted, Hearn faces up to 10 years in prison.
The Olympian was first arrested last month after he was seen reaching into the pool, which had been undergoing renovations ordered by President Donald Trump.
In an interview with The Washington Post, Hearn said that he simply put his hand in the water and touched a piece of lining in the pool that was already peeling off.
“I didn’t vandalize anything,” Hearn told the paper. “I didn’t destroy or break or peel anything. By the time I realized what was going on, I was being put in handcuffs.”
Norm Eisen, an attorney who is representing Hearn, accused the Trump administration of using his client as a scapegoat for the botched pool renovation, which has been plagued by intense algae blooms, peeled lining, and dead ducks.
"These charges are outrageous and should be alarming to every American," said Eisen. "This indictment reflects the administration's efforts to shift blame from their own failures."
"On the eve of our nation's Independence Day," Eisen continued, "Americans should be deeply concerned by the misuse of government power against an ordinary system based on a concocted narrative."
During her tenure as US attorney, Pirro has overseen multiple failed prosecutions.
Earlier this year, Pirro's office attempted to bring charges against several Democratic elected officials for creating a video reminding US military personnel that they should not follow any illegal orders given by the president. The case collapsed when a grand jury refused to sign off on an indictment, however.
Pirro's office last year also tried to convict Sean Dunn, a former US Department of Justice employee who hurled a sandwich at Customs and Border Protection officers, on misdemeanor assault charges. Dunn was ultimately acquitted by a jury in November.
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Grand Jury Stops 'Outrageous' Trump DOJ Effort to Indict Democrats
"They tried to have me charged with a crime—all because of something I said that they didn’t like," said Sen. Mark Kelly. "That’s not the way things work in America."
Feb 11, 2026
A federal grand jury on Tuesday declined to go along with an effort by the Trump Justice Department to indict Democratic lawmakers involved in a November video reminding members of the US military of their duty to refuse illegal orders, a message that came as President Donald Trump deployed troops to major American cities.
The failed attempt to indict the six Democratic lawmakers was led by Trump loyalist Jeanine Pirro, a former Fox News host who is now serving as US attorney for the District of Columbia. The New York Times reported that federal prosecutors "sought to persuade the grand jurors that the lawmakers had violated a statute that forbids interfering with the loyalty, morale, or discipline of the US armed forces."
Trump, who has repeatedly weaponized the Justice Department against his political opponents, erupted in response to the 90-second video, accusing the Democratic lawmakers behind it of "seditious behavior, punishable by death."
The lawmakers who appeared in the video were Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan as well as Reps. Jason Crow of Colorado, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Maggie Goodlander of New Hampshire. The Democrats learned they were under investigation last month when they received inquiries from Pirro's office.
Lawmakers and legal observers said it was deeply alarming that the DOJ even tried to secure the indictment.
"What an ugly assault on the First Amendment and on Congress," said legal scholar Ryan Goodman. "Thankfully, thwarted."
Kelly, a retired Navy captain who is facing Pentagon attempts to censure him and cut his military benefits, said the effort to indict him and his fellow Democratic lawmakers was "an outrageous abuse of power by Donald Trump and his lackies."
"It wasn’t enough for Pete Hegseth to censure me and threaten to demote me, now it appears they tried to have me charged with a crime—all because of something I said that they didn’t like," Kelly wrote on social media. "That’s not the way things work in America."
We want to speak directly to members of the Military and the Intelligence Community.
The American people need you to stand up for our laws and our Constitution.
Don’t give up the ship. pic.twitter.com/N8lW0EpQ7r
— Sen. Elissa Slotkin (@SenatorSlotkin) November 18, 2025
Slotkin, a former CIA officer who organized the November video, said Pirro pursued the indictment "at the direction of President Trump, who said repeatedly that I should be investigated, arrested, and hanged for sedition."
"Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed. Hopefully, this ends this politicized investigation for good," the senator said. "But today wasn’t just an embarrassing day for the administration. It was another sad day for our country."
"Because whether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies," Slotkin added. "No matter what President Trump and Pirro continue to do with this case, tonight we can score one for the Constitution, our freedom of speech, and the rule of law."
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Slotkin Says She’s Under Federal Investigation After ‘Don’t Follow Unlawful Orders’ Video
"DOJ policy forbids investigations based solely on First Amendment protected activity," said one legal expert.
Jan 14, 2026
The Democratic senator who organized a video warning members of the military against obeying illegal orders given by President Donald Trump said that she is being investigated by federal prosecutors.
In an interview with the New York Times published Tuesday, Sen. Elissa Slotkin (D-Mich.) said that the office of Jeanine Pirro, the US attorney for the District of Columbia, had sent an email to the Senate’s sergeant-at-arms requesting to speak with either Slotkin or her private counsel.
Slotkin called the investigation being conducted by Pirro's office an attempt at intimidating her from speaking out against the Trump administration.
"Facts matter little, but the threat matters quite a bit," said Slotkin, a former CIA intelligence analyst and official at the US Department of Defense. "The threat of legal action; the threat to your family; the threat to your staff; the threat to you."
The Times report noted that it's unclear what potential crime Slotkin is being investigated for, and a spokesperson for Pirro's office declined to confirm the existence of the probe.
However, Slotkin has been under fire from Trump and his allies for several weeks after she organized a video with fellow Democratic lawmakers in which they reminded US military service members that they should not obey any illegal orders given by the president.
"We want to speak directly to members of the military and the intelligence community," Slotkin wrote in a November social media post promoting the Democrats' video. "The American people need you to stand up for our laws and our Constitution. Don’t give up the ship."
Trump reacted to the video with rage, accusing Slotkin and other Democrats who appeared in the video of engaging in "SEDITIOUS BEHAVIOR, punishable by DEATH!"
In a social media post Thursday, Michigan Law School professor Barb McQuade argued that any investigation into Slotkin centering on the video about unlawful orders would be flatly unlawful.
"DOJ policy forbids investigations based solely on First Amendment protected activity," McQuade explained.
Slotkin is not the only Trump nemesis facing legal pressure, as it was revealed on Sunday that Pirro's office has also opened a criminal probe into Federal Reserve Chairman Jerome Powell, who has been frequently targeted by Trump for his refusal to obey the president's demands to more aggressively cut US interest rates.
The Wall Street Journal reported on Wednesday that Trump last week berated dozens of US attorneys, including Pirro, and accused them of being "weak" and too slow in launching criminal probes of his political enemies.
"Among his grievances with prosecutors, Trump complained that the Justice Department hadn’t yet brought a case against one of his most prominent Democratic adversaries, Sen. Adam Schiff of California," the Journal reported.
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‘He Beat the Wrap’: Sandwich-Hurling DC Protestor Found Not Guilty of Assault
"No assault with a deli weapon after all," joked one reporter after the verdict.
Nov 06, 2025
Sean Dunn, the former US Department of Justice employee who was famously hurled a sandwich at Customs and Border Protection officers this past summer, has been found not guilty on misdemeanor assault charges.
Jurors acquitted Dunn on Thursday after deliberating for several hours after his trial ended on Wednesday afternoon. According to CNN, Dunn told reporters after the verdict that he was "relieved and looking forward to moving on with my life."
US Attorney Jeanine Pirro had originally tried to charge Dunn with felony assault, but lowered the charge to a misdemeanor offense after a grand jury in Washington, DC refused to indict him.
Dunn was caught on camera angrily throwing a sandwich at federal immigration enforcement officers back in August, and he could be heard calling the officers “fascists,” and telling them they were not welcome in his city.
Shortly afterward, Pirro vowed to throw the proverbial book at Dunn for his food-tossing transgression.
“He thought it was funny,” Pirro said in a video she posted on social media. “Well, he doesn’t think it’s funny today because we charged him with a felony. And we’re gonna back the police to the hilt! So, there. Stick your Subway sandwich somewhere else.”
Dunn's case became a cause célèbre for many Washington, DC residents who have opposed President Donald Trump's decision to deploy the National Guard and to conduct aggressive immigration raids in their city.
Many journalists reacted to news of Dunn's acquittal by deploying a number of sandwich-related puns.
"Apparently you can indict a ham sandwich but you can’t convict turkey sub," joked tech journalist Kara Swisher in a post on Bluesky.
"You could say he... beat the wrap," wrote Los Angeles-based independent journalist Mel Buer.
"If the hoagie didn't hit, you must acquit!" wrote The Bulwark's Sam Stein on X.
"No assault with a deli weapon after all," remarked Wall Street Journal reporter Josh Dawsey.
"Congratulations, US Attorney Pirro, for making Sean Dunn the hero that DC deserves," wrote journalist Marcy Wheeler.
"Another jury finds another Trump DOJ case sub-par," wrote Adam Klasfeld, editor-in-chief of All Rise News.
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'How Is That an Assault?' DC Residents Scoff as Trial Starts for Man Who Chucked Sandwich at Trump Agent
"I don't know how a DC jury would convict," said one resident who was not selected to serve on the jury.
Nov 04, 2025
The trial of Sean Dunn, a former Justice Department employee who threw a sandwich at a Customs and Border Protection agent in protest in early August, began Monday, weeks after US Attorney Jeanine Pirro's office failed to secure a felony indictment.
Dunn, who is now facing a misdemeanor assault charge, has become a symbol of public resistance to and disdain for President Donald Trump's deployment of masked federal immigration agents to the streets of US cities.
DC residents who were not chosen to serve on the jury for the trial expressed deep skepticism that the latest attempt to indict Dunn would end any differently than the first.
"How is that an assault?” one DC woman asked of Dunn's sandwich throw, which was caught on video. Before hurling the sandwich, Dunn screamed at the agents and called them "fascists."
Another person who was not selected to serve on the jury told CNN that they "don't know how a DC jury would convict."
The trial is expected to be quick. The judge, Trump appointee Carl Nichols, called it "the simplest case in the world" and predicted a two-day trial.
Dunn's lawyers have argued in court that the Trump administration's prosecution attempts amount to "a blatant abuse of power."
"The federal government has chosen to bring a criminal case over conduct so minor it would be comical—were it not for the
unmistakable retaliatory motive behind it and the resulting risk to Mr. Dunn," Dunn's lawyers said. "Mr. Dunn tossed a sandwich at a fully armed, heavily protected Customs and Border Protection officer. That act alone would never have drawn a federal charge. What did was the political speech that accompanied it."
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