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 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.

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.

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.

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.