Jeanine Pirro

But in a court filing Friday evening, U.S. Attorney Jeanine Pirro said the damage was caused by a “botched installation.” Photo by Jemal Countess/UPI. | License Photo

July 31 (UPI) — Trump administration prosecutors on Friday moved to dismiss the felony case against U.S. Olympian David Hearn, admitting that damage to the Lincoln Memorial Reflecting Pool was due to a “botched installation and not vandalism.”

Hearn, 67, was indicted by a federal grand jury early July on accusations that he purposefully ripped up a piece of the recently-installed blue sealant from the pool’s bottom.

President Donald Trump claimed the pool, which cost nearly $15 million to renovate, had been damaged by Hearn and other vandals.

But in a court filing Friday evening, U.S. Attorney Jeanine Pirro said she had been misled by the Interior Department into believing “nearly all of the damage” was done by vandals.

In charging Hearn, Pirro had said she had “tremendous evidence” that he committed a felony that could have landed him in prison for 10 years.

“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism,” Pirro wrote in court papers, The New York Times reported.

Pirro added the “botched” renovation “was the result of a flawed installation by the contractor, Atlantic Industrial Coatings, and the rush to complete the project prior to events associated with the America 250 celebration.”

In a statement, Hearn’s attorneys said, “The Trump administration’s case against Davey Hearn should have never 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 attorneys added. “The government’s approach was ready, fire, aim.

“The administration owes Mr. Hearn an apology.”

WASHINGTON — A former Olympic canoe racer pleaded not guilty on Thursday to deliberately damaging the recently renovated Lincoln Memorial Reflecting Pool, a politically charged case that his defense attorneys and other Trump administration critics have derided as an abuse of prosecutorial power.

David Hearn, who competed in three Summer Olympics, entered the plea through one of his attorneys during his initial appearance in Washington, D.C. Superior Court. Hearn, 67, of Bethesda, Md., was indicted last Thursday on a single felony count of property destruction.

In front of a packed courtroom, D.C. Superior Court Judge Carmen McLean did not require Hearn to be supervised by the court while he is free awaiting a trial. A status hearing was scheduled for Aug. 5.

Prosecutor Kevin Reddington said the government wasn’t seeking any court supervision for Hearn, but just a “ stay-away order” without specifying in court where it wanted to keep Hearn away from.

Mary Dohrmann, one of Hearn’s attorneys, urged the judge not to impose any conditions of court supervision, calling Hearn an “upstanding citizen and member of the community.”

“The government’s evidence is weak,” she added.

Dozens of supporters, many carrying homemade signs, gathered outside the courthouse and waited for Hearn to leave after the hearing.

President Trump ordered a multimillion-dollar renovation of the Reflecting Pool ahead of the nation’s 250th anniversary this month, but the project has been plagued with problems. Workers have used chemicals to curtail an algae bloom. Trump has said the pool likely would need to be drained again for liner repairs after chunks of blue coating were seen floating at the surface.

Trump has claimed without substantiation that vandals dumped fertilizer into the pool and slashed the coating with a box cutter. U.S. Atty. Jeanine Pirro, the top federal prosecutor for the District of Columbia, said last week that six other people were arrested on misdemeanor charges related to the $16 million pool project.

Hearn’s attorneys have said the charges against him are based on a “concocted narrative” and “should be alarming to every American.”

“This indictment reflects the administration’s effort to shift blame for their own failures,” the lawyers said in a statement. “The justice system exists to determine facts, not to provide political cover.”

Hearn previously told the Associated Press that he was detained by National Guard troops and U.S. Park Police for five hours after stopping by the pool during a 64-mile bike ride on June 19. He said he reached in to examine newly peeled coating and briefly touched a chunk attached to the side of the pool, but obeyed a park worker who told him to let go of it.

Pirro accused Hearn of causing more than $1,000 in damage by ripping up recently installed sealant from the pool and acting belligerently toward an employee who told him to stop.

Kunzelman writes for the Associated Press.

WASHINGTON — A federal judge on Monday denied a request to disqualify top Justice Department officials from supervising the prosecution of the man charged with trying to kill President Trump at the White House Correspondents’ Association dinner.

Cole Tomas Allen had argued that involvement in his prosecution by Acting Atty. Gen. Todd Blanche and District of Columbia U.S. Atty. Jeanine Pirro created a potential conflict of interest because they were among many administration officials present at the April dinner. Allen’s attorney also had raised concerns about the close friendship between Trump and Pirro, a former Fox News commentator.

U.S. District Judge Trevor McFadden wrote in his ruling that neither their attendance at the dinner nor Pirro’s personal relationship with the president merited their disqualification. McFadden noted that Allen is not charged with attempting to harm Blanche and Pirro, and there is no evidence to suggest he even knew they would attend the dinner.

“They are unlikely to be trial witnesses, nor do they meet the legal definition of victims,” wrote McFadden, who was nominated to the bench by Trump.

Allen has been accused of trying to breach a security checkpoint armed with guns and knives. He has pleaded not guilty to various charges, including assaulting a federal official with a deadly weapon and attempted assassination of the president. He faces a maximum sentence of life in prison if convicted of the attempted assassination charge alone.

Allen also is accused of firing a shotgun at a Secret Service agent during the attack, which disrupted and ultimately prompted an early end to one of the highest-profile annual events in the nation’s capital. The Secret Service officer who was shot once in a bullet-resistant vest fired his own weapon five times without hitting anyone. Allen, of Torrance, California, was injured but was not shot.

Richer writes for the Associated Press.

WASHINGTON — A man charged with attacking the White House Correspondents’ Assn. dinner is seeking to disqualify top Justice Department officials from direct involvement in prosecuting him because they could be considered victims or witnesses in the case, creating a potential conflict of interest.

Acting Atty. Gen. Todd Blanche and U.S. Atty. Jeanine Pirro were attending the April 25 event at the Washington Hilton when Cole Tomas Allen allegedly ran through a security checkpoint and fired a shotgun at a Secret Service officer.

In a court filing late Thursday, Allen’s attorneys argued that it creates at least the appearance of a conflict of interest for Blanche and Pirro to be making any prosecutorial decisions in the case.

“As this case proceeds closer to trial, the country and the world will continue to wonder — how can the American justice system permit a victim to prosecute a criminal defendant in a case involving them?” defense attorneys Eugene Ohm and Tezira Abe wrote.

Ohm and Abe, who are assistant federal public defenders, suggested that the appointment of a special prosecutor might be warranted. They urged U.S. District Judge Trevor McFadden, a Trump nominee assigned to Allen’s case, to disqualify Pirro, Blanche and possibly other Justice Department officials from direct involvement in the investigation and prosecution.

“Both heard gunshots, which presumably forced them to duck below the tables with the rest of the occupants. They were quickly evacuated. Shortly thereafter, they learned that law enforcement believed the target was certain administration officials,” Ohm and Abe wrote.

Pirro said her office will respond to the defense lawyers’ arguments in its own court filing.

“We will not tolerate people who come to the District of Columbia to engage in antidemocratic acts of political violence; and we will prosecute all such acts to the fullest extent of the law,” Pirro said in a statement.

Allen is scheduled to be arraigned Monday on charges in an indictment handed up Tuesday by a grand jury in Washington.

The charges include attempting to assassinate President Trump, who is a longtime friend of Pirro’s. Blanche served as a personal attorney for Trump before joining the Justice Department last year.

Blanche, through a spokesperson, referred a request for comment to Pirro’s office.

Allen also is charged with assaulting a federal officer with a deadly weapon and two additional firearms counts. He faces a maximum sentence of life in prison if convicted of the attempted assassination charge alone.

The Secret Service officer who was shot once in a bullet-resistant vest fired his own weapon five times without hitting anybody. Allen, 31, of Torrance, was injured but was not shot.

Kunzelman writes for the Associated Press.

WASHINGTON — A federal magistrate judge on Monday pressed a jail official to explain why a man charged with trying to storm the White House Correspondents’ Assn. dinner and attempting to kill President Trump was placed on restrictive suicide watch after his arrest.

Officials at the city jail in Washington removed Cole Tomas Allen from its designated “suicide status” over the weekend after his attorneys complained that he had been unnecessarily confined in a padded room with constant lighting, repeatedly strip-searched and placed in restraints outside his cell.

But the relaxed conditions didn’t satisfy U.S. Magistrate Judge Zia Faruqui’s concerns that Allen may have received disparate, punitive treatment in violation of his due process rights. Faruqui noted that the D.C. jail routinely houses convicted killers and others charged with violent crimes without placing them on 24-hour lockdown.

“It could drive a person crazy to be in that situation,” he said.

Faruqui apologized to Allen over his confinement conditions. In response to a news report on that apology, U.S. Atty. Jeanine Pirro criticized him in a social media post that said Faruqui “believes a defendant armed to the teeth and attempting to assassinate the president is entitled to preferential treatment in his confinement compared to every other defendant.”

Allen’s lawyers said he wasn’t showing any suicidal risk factors after his arrest. But a jail psychiatrist evaluated him and initially concluded that he posed a suicide risk, according to Tony Towns, acting general counsel for the city’s corrections department.

“Every case is different, your honor,” Towns said.

Allen was moved into protective custody after the jail lifted the suicide prevention measures. His attorneys didn’t object to his new confinement status. They had asked the magistrate to cancel Monday’s hearing, but Faruqui forged ahead with it due to his “grave concerns” about Allen’s treatment in jail.

Allen was injured but was not shot during the April 25 attack at the Washington Hilton, which disrupted one of the highest-profile annual events in the nation’s capital.

Allen was armed with guns and knives when he ran through a security checkpoint and pointed his weapon at a Secret Service agent, who fired back five times, authorities said. Pirro has said that Allen fired a shot that struck the agent’s bullet-resistant vest.

Allen later told FBI agents that he didn’t expect to survive the attack, which could help explain why he was deemed to be a possible suicide risk, said Justice Department prosecutor Jocelyn Ballantine.

Allen, 31, of Torrance, is charged with attempted assassination of the president and two additional firearms counts. He faces up to life in prison if convicted of the assassination count alone.

Defense attorney Eugene Ohm said Allen was prohibited from having anything in his cell. He asked for a Bible and a visit from a chaplain but hasn’t received either, according to Ohm.

Kunzelman writes for the Associated Press.