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Federal judge raises ‘meritless re-prosecution’ in Lincoln Memorial Reflecting Pool hearing

Judge Todd Edelman signaled he may block refiled felony charges after U.S. Attorney Jeanine Pirro moved to dismiss the case without prejudice.

  • On Friday, District of Columbia Superior Court Judge Todd Edelman signaled he might block the Trump administration from refiling felony charges against Olympian David Hearn, accused of damaging the Lincoln Memorial Reflecting Pool.
  • President Donald Trump pressured the U.S. Attorney's Office to recharge Hearn after U.S. Attorney Jeanine Pirro sought dismissal, with Trump publicly claiming she "choked" and "folded like an umbrella."
  • Maryland Democratic Rep. Jamie Raskin and attorney Norm Eisen of the Democracy Defenders Fund criticized the prosecution, with Eisen arguing that "every American is at risk" if charges proceed.
  • Judge Edelman, nominated by former President Barack Obama, challenged the government on seeking to recharge Hearn on what he described as a "meritless" case, questioning political influence.
  • Although Pirro's dismissal was without prejudice—allowing potential refiling—Michael Spence of the U.S. Attorney's Office said the decision "could change" within ten minutes as Edelman prepares to rule soon.
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The Hill broke the news in Washington, United States on Friday, September 4, 2026.
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