Jeanine Pirro might still go after Olympian over Trump’s Reflecting Pool ‘vandalism’ claims, filing reveals

Despite dropping felony charges against a 67-year-old former Olympian accused of vandalizing the Lincoln Memorial Reflecting Pool , Donald Trump’s top federal prosecutor in Washington, D.C. isn’t ready to close the case.

David Hearn has asked a judge to dismiss the case with prejudice, which would prevent prosecutors from reviving felony charges against him for the same alleged crime. His legal team called the prospect of a new case against him “prosecutorial harassment.”

U.S. Attorney Jeanine Pirro is also asking the judge to dismiss the case — but she wants to leave open the possibility for her office to try prosecuting Hearn again.

In a court filing on Tuesday night, Pirro’s office argued that other evidence could materialize, adding that “the mere potential that charges may be re-brought does not constitute the type of harassment for which dismissal with prejudice is appropriate.”

“Should the case be re-presented to a grand jury based on newly discovered evidence, any re-indictment of the case would not constitute harassment,” the filing states. “Should the case be re-presented, the grand-jury process provides extensive protection to the defendant.”

While Hearn has characterized the charges as “exceptional” and “extraordinary,” the “case is not,” according to Pirro’s office.

“It is not uncommon for the government to dismiss indictments, despite the defendants efforts to sensationalize the process here,” the filing says.

The judge overseeing that case has already agreed to dismiss the charges against Hearn but will hold a hearing next month to decide whether the Department of Justice can open the door to charging him again.

Pirro’s latest response follows reports that the White House has pushed the Justice Department to explore whether to pursue additional charges against the former Olympian — despite explicit admissions from administration officials that damage to the pool’s newly applied lining was likely due to “botched installation.”

Weeks after she publicly accused Hearn of “ forcefully and violently ” ripping out the Reflecting Pool’s Trump-requested blue liner, Pirro filed a stunning motion to dismiss the case entirely — outraging Trump, who has spent weeks demanding prosecutors target alleged vandals despite his own administration admitting that the damage was caused by contractors.

Pirro’s office admitted that the Trump-requested “American flag blue” sealant started to peel “almost immediately” after the work was completed after recent renovations to the site. Contractors who received more than $14 million for the job Trump left behind “widespread damage,” according to her office.

The Department of Interior “provided less than fulsome information at the outset of this case,” the filing said.

It was not until after the indictment was filed that the agency determined that the “damage was the result of a botched installation and not vandalism,” according to the filing.

Trump continues to insist that vandals damaged the pool while urging Pirro to “revisit her hastily made decision” though he has also admitted that “some contractor error” played a role in the damage.