government lawyer

WASHINGTON — The Justice Department moved Friday to dismiss a criminal case charging a former Olympian with deliberately damaging the Lincoln Memorial Reflecting Pool.

Government lawyers said in a 20-page court filing that information provided since the indictment of David Hearn shows that the damage was the result of a “flawed installation by the contractor” as well as “the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”

“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” said the filing from U.S. Atty. Jeanine Pirro.

Hearn’s lawyers said in a statement that the case against him should never have been brought.

“Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology,” the lawyers said.

Hearn pleaded not guilty earlier this month to one felony count of property destruction and has a trial scheduled to start Sept. 28 in D.C. Superior Court. The charge, which carries a maximum prison sentence of 10 years upon conviction, accuses Hearn of causing at least $1,000 in damage to the pool.

Hearn told the Associated Press he was detained by National Guard troops and U.S. Park Police for five hours after stopping by the pool during a bike ride on June 19. He said he reached in to examine the pool’s newly peeled coating and briefly touched a chunk attached to the side of the pool, but said he obeyed a park worker who told him to let go of it.

Hearn, 67, of Bethesda, Md., competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the U.S. Olympic and Paralympic Committee says on its website.

He and his supporters have said the prosecution is a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.

Tucker writes for the Associated Press.

WASHINGTON — A federal judge told the U.S. government Monday not to cut down more than 10 trees without first providing notice amid a legal dispute at a historic Washington golf course that President Trump plans to renovate.

U.S. District Judge Ana Reyes said during a remote hearing that she wasn’t going to issue a temporary restraining order just yet in the case brought by the DC Preservation League. She also told the National Park Service that it should first discuss any plans with government lawyers if it was going to cut down more than 10 trees.

Monday’s hearing came after the plaintiff’s emergency petition seeking to stop work at the course, citing news reports that major renovations were to begin Monday.

Kevin Griess, the superintendent of the National Mall and Memorial Parks for the Park Service, said during the hearing there was no plan to begin such work Monday but added that a safety assessment was underway.

Reyes told the parties she didn’t want to play the role of the “Parks and Rec” department, an allusion to the sitcom, but said she also didn’t want trees being bulldozed.

“I’m no Amy Poehler,” she said referring to the show’s star.

At one point during Monday’s hearing, the judge said she was made aware that closure signs had been put up at the site, which led to Griess’ asking someone to check. He later reported that there were no such signs. Reyes asked that if any such signs were found that the government’s attorney be told.

The complaint filed against the Department of the Interior argues that the Trump administration’s reconstruction of East Potomac Park, including the East Potomac Golf Course, would violate the congressional act that created the park in 1897. The roughly 130-year-old act established the park for the “recreation and the pleasure of the people.” The course itself opened in 1919.

Trump, an avid golfer, also plans on renovating a military golf course just outside Washington that has been used by past presidents going back decades.