Judge cites Trump’s threats in permanent dismissal of Reflecting Pool damage charges against Olympian

By Holmes Lybrand, CNN

(CNN) — A federal judge on Thursday dismissed charges against David Hearn, the former US Olympian initially accused of damaging the Reflecting Pool at the Lincoln Memorial, with prejudice, citing President Donald Trump’s comments to ensure charges cannot be brought in the future.

The judge found Hearn faced threats of a meritless reprisal of the case through pressure from Trump, who has downplayed documentation showing damage was caused during renovations.

“In securing the Indictment against Mr. Hearn, the government shot first and asked questions later,” Judge Todd Edelman wrote. “Nothing about the grand jury process would prevent it from giving in to the President’s pressure and doing so again.”

The Justice Department moved to drop the case after the new evidence about the damage was discovered, but did not want to give up the option to charge the case again if new evidence came to light.

“While the government wishes to hold open the possibility of the development of evidence that would support a future prosecution,” Edelman wrote, “its own representations make plain that such a possibility is theoretical at best, and more likely, is simply fanciful.” The judge noted how Trump has already publicly ridiculed the decision by DC US Attorney Jeanine Pirro’s office to dismiss the charges and “publicly entertained the possibility of firing (Pirro) as a result of the dismissal.”

Edelman also criticized prosecutors for ever bringing the case forward, arguing that the government abdicated its role in the process, pointing again to pressure from Trump.

“Although the prosecutors assigned to this case have deemed it meritless, the President of the United States has repeatedly disparaged them and pressured them to change course,” the judge wrote.

Representatives of Hearn said in a statement on Thursday that the decision “is a victory for the rule of law and for an innocent American seeking justice.”

CNN has reached out to Pirro’s office for comment.

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