WASHINGTON, D.C. — White House officials asked the Justice Department to weigh whether it is possible to bring a new criminal case against David Hearn. The discussions between the White House and the Justice Department's Criminal Division occurred last week.

The conversations focused on whether there was a way to bring the case potentially as a misdemeanor, which would not require using a grand jury. The conversations were exploratory and no decision was made.

A D.C. Superior Court judge formally dismissed the case last week. The judge punted on the question of whether to dismiss the case with or without prejudice.

Trump mentioned the construction projects at 84 events across 66 days, which was more than a quarter of all his public events during that period. After dropping Hearn's charges, prosecutors moved to drop charges against three other defendants who were charged with misdemeanors for allegedly damaging the pool.

The three other defendants were accused of destroying property of value less than $1,000. Further briefing is scheduled in the case for late summer and early fall.

Maryland Rep. Jamie Raskin announced an investigation into the Trump administration’s prosecution of David Hearn. Raskin is the ranking Democrat on the House Judiciary Committee.

Raskin sent a letter to Jeanine Pirro and Interior Secretary Doug Burgum on Tuesday. Raskin asked that the administration provide documents related to Hearn’s prosecution and why he was charged with a felony by Aug. 25.

A Justice Department spokesperson said in an email: "The Department of Justice follows the evidence when determining if crimes have been committed. We always evaluate any case based on the facts and the law." During the Biden administration, Attorney General Merrick Garland said in a memo that the DOJ "will not advise the White House concerning pending or contemplated criminal or civil law enforcement investigations or cases unless doing so is important for the performance of the President's duties and appropriate from a law enforcement perspective."

Why It Matters

The White House request to explore new charges against Hearn comes after federal prosecutors acknowledged the damage resulted from flawed installation rather than vandalism. This sequence involves questions about the independence of prosecutorial decisions when they involve projects championed by the President.

Raskin’s investigation focuses on whether the initial felony charge was malicious and whether the Interior Department misled prosecutors. The outcome could affect public trust in the Justice Department's handling of cases involving administration priorities.

Timeline

David Hearn maintained that he reached in the water to touch a piece of already detached lining while he was on a bike ride in June. Federal prosecutors moved to dismiss the indictment against David Hearn without prejudice earlier this month.

What's New

Raskin asked in the letter: "Did the United States Attorney’s Office for D.C. in fact maliciously prosecute an American citizen it knew to be innocent with a felony charge carrying a maximum sentence of 10 years in prison?" he asked in the letter: "Did the U.S. Department of the Interior (DOI) deliberately mislead prosecutors to cover up a ‘botched’ renovation by a company awarded a dubious $15 million insider no-bid contract?"

he said: "President Trump’s ‘highly sophisticated’ and slapdash paint job didn’t even last 100 days, much less a century." Maryland Rep. Raskin announced an investigation into the Trump administration’s prosecution of David Hearn.

Trump complained that Jeanine Pirro "folded like an umbrella." A Justice Department spokesperson said in an email: "The Department of Justice follows the evidence when determining if crimes have been committed. We always evaluate any case based on the facts and the law."

How Sources Differ

Regarding the cause of the damage to the pool, one account states Jeanine Pirro charged David Hearn with felony destruction of government property, accusing him of causing more than $1,000 in damage to the sealant recently installed at the bottom of the Reflecting Pool. Another account states the Justice Department moved to dismiss the criminal case against David Hearn, acknowledging the damage to the pool 'was the result of flawed installation by the contractor.'

Regarding the timing of the damage, one account states Jeanine Pirro charged David Hearn with felony destruction of government property, accusing him of causing more than $1,000 in damage to the sealant recently installed at the bottom of the Reflecting Pool. Another account states that in a 20-page filing dismissing the charges, Pirro’s office said it had received evidence that damage to the pool occurred before Hearn visited it.

Regarding the extent of vandalism, one account states Jeanine Pirro charged David Hearn with felony destruction of government property, accusing him of causing more than $1,000 in damage to the sealant recently installed at the bottom of the Reflecting Pool. Another account states Pirro’s office stated in the filing that “it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”

Regarding the interaction between the President and the U.S. Attorney, one account states President Trump wrote on Truth Social, "I disagree 100% with Jeanine Pirro, the U.S. Attorney for the District of Columbia, on the Reflecting Pool. I don't know what she was thinking?" Another account states Jeanine Pirro visited the White House carrying a box full of evidence after criticism from President Trump and Interior Secretary Doug Burgum.

Regarding Jeanine Pirro's title, one account states President Trump wrote on Truth Social, "I disagree 100% with Jeanine Pirro, the U.S. Attorney for the District of Columbia, on the Reflecting Pool. I don't know what she was thinking?" Another account states Jeanine Pirro is the U.S. attorney for the District of Columbia.

Regarding the volume of presidential remarks on construction, one account states President he wrote on Truth Social, "I disagree 100% with Jeanine Pirro, the U.S. Attorney for the District of Columbia, on the Reflecting Pool. I don't know what she was thinking?" Another account states President Trump devoted nearly 45,000 words to construction projects including the Reflecting Pool and White House ballroom in public events and speeches during the first seven months of 2026.

Regarding White House activities, one account states Jeanine Pirro visited the White House carrying a box full of evidence after criticism from President Trump and Interior Secretary Doug Burgum. Another account states President Trump devoted nearly 45,000 words to construction projects including the Reflecting Pool and White House ballroom in public events and speeches during the first seven months of 2026.

Regarding the Reflecting Pool project, one account states the project to renovate the Lincoln Memorial Reflecting Pool was championed by President Trump. Another account states President Trump devoted nearly 45,000 words to construction projects including the Reflecting Pool and White House ballroom in public events and speeches during the first seven months of 2026.