Trump's DOJ May Revive Vandalism Case Against Olympic Athlete Despite Lack of Evidence, Legal Analyst Warns
Key Takeaways
- •U.S. Attorney Jeanine Pirro dismissed vandalism charges against Olympic canoeist David Hearn after determining that no evidence existed to support the prosecution.
- •Pirro's dismissal filing attributed the damage at the Lincoln Memorial Reflecting Pool to a botched installation by the Interior Department rather than to Hearn.
- •Attorney Norm Eisen warned that refiling charges would produce a contradictory 'DOJ versus DOJ' court scenario since the government's own dismissal filing blamed a separate federal agency.
- •Eisen cited a Justice Department memo rooted in post-Watergate norms stating that presidents should not interfere with enforcement cases to prevent political influence over prosecutions.
- •The potential re-prosecution has attracted attention amid growing concerns about the politicization of federal law enforcement under the Trump administration.
Attorney Norm Eisen expressed alarm during a CNN appearance on Tuesday over reports that the Department of Justice under President Donald Trump is considering refiling vandalism charges against Olympic canoeist David Hearn.
Hearn had been accused by the administration of vandalizing the Lincoln Memorial Reflecting Pool. However, U.S. Attorney Jeanine Pirro dismissed the case last week after determining there was "no evidence beyond a reasonable doubt" to support the charges. Pirro's filing attributed the damage to "a botched and rushed installation" by the Interior Department, rather than any action by Hearn. A dismissal premised on the government's own admission that a different federal agency caused the damage would present an uncommonly weak basis for re-prosecution.
Speaking with CNN anchor Kaitlan Collins, Eisen cautioned that if the DOJ proceeds with new charges, Hearn's defense would immediately invoke Pirro's own dismissal filing — which placed responsibility on the Interior Department — creating what he described as an absurd "DOJ versus DOJ" scenario.
Eisen, who served as special counsel to former President Barack Obama for ethics and government reform, referenced a Justice Department memo stating that presidents should not interfere with enforcement cases "precisely to avoid this kind of thing." The memo, rooted in long-standing norms separating prosecutorial decisions from political influence — principles reinforced in the post-Watergate era — underscores concerns about the independence of the DOJ.
"So the outrageousness of it, it won't stand in a court of law if it comes back, and I assume the reason we read about it today in the Wall Street Journal and elsewhere is because people in the DOJ are as horrified as I am," Eisen argued.
The case has drawn attention amid broader concerns about the politicization of federal prosecutions. The Lincoln Memorial Reflecting Pool, located on the National Mall in Washington, D.C., is maintained by the National Park Service, a bureau of the Interior Department.
Source: Raw Story
