The Justice Department is trying to revive its case against David Hearn despite admitting that it cannot prove he damaged the Reflecting Pool.
Legal analyst Adam Klasfeld offered updates on the DOJ's efforts after a judge grilled prosecutors during a hearing on Friday. Writing for All Rise News the same day, Klasfeld noted that the DOJ's concession that it can't prove beyond a reasonable doubt that Hearn damaged the Reflecting Pool has proved "fatal."
D.C. Superior Court Judge Todd Edelman asked DOJ prosecutors why they want to revive the case against Hearn.
"Why isn't the threat of harassment faced by Mr. Hearn completely different from prosecutions in a normal case?" Edelman asked, per Klasfeld.
Last month, Edelman dismissed Hearn's indictment after admissions by the Trump administration made the case unsustainable, Klasfeld noted. Edelman considered throwing out the case against Hearn "with prejudice" on Friday, which would mean the DOJ can no longer bring cases against Hearn for allegedly damaging the Reflecting Pool, according to Klasfeld.
The Trump administration already conceded that the damage to the Reflecting Pool resulted from a "botched installation and not vandalism," Klasfeld wrote. The peeling of the pool's sealant was caused by an "over-spray," and a National Park Service engineer cut the sealant with a knife to contain the damage, Klasfeld wrote, noting admissions by the Trump administration.
A felony vandalism charge requires proof of damages for at least $1,000, and Edelman seemed to weigh that during Friday's hearing, Klasfeld noted.
"The Justice Department concedes it cannot prove that prong of the case beyond a reasonable doubt," Klasfeld wrote. "And that concession seemed fatal to the judge."
Edelman asked DOJ prosecutors, "What future prosecution could ever occur?" Assistant U.S. Attorney Michael Spence told him the question would require "speculation."
When asked whether DOJ is currently investigating Hearn, Spence said, "No," adding, "Ten minutes from now that decision could change."