The Justice Department is seeking to keep the door open to potentially re-charging former Olympian David Hearn in the Reflecting Pool vandalism case, arguing for a dismissal without prejudice. This move comes after a judge earlier this month dismissed the original charges against Hearn. Prosecutors, led by U.S. Attorney Jeanine Pirro, stated in a court filing that a dismissal "without prejudice" is sufficient to protect Hearn from future prosecutorial overreach, as the grand jury process would offer protections if the case were to be re-presented.

Superior Court Judge Todd Edelman had dismissed the vandalism case against Hearn, a former U.S. Olympic canoeist. The judge, however, reserved his decision on whether to grant the dismissal with prejudice, a move that would permanently bar the government from re-charging Hearn for the same alleged offense. The defense team is pushing for a "with prejudice" dismissal, citing concerns about "continuing risk of harassment and renewed prosecution" stemming from public statements made by President Donald Trump.

Hearn's attorneys have argued that President Trump's public criticism of the decision to drop the charges, calling it a "mistake" and stating that Pirro "choked," does not align with the constitutional protections of speedy trial and double jeopardy. They contend that the "extraordinary public and political circumstances" surrounding the prosecution create an ongoing threat of renewed legal action against Hearn.

The case against Hearn, initially a felony indictment for allegedly damaging the Lincoln Memorial Reflecting Pool, took a turn when prosecutors discovered evidence suggesting the government's own contractor might be responsible for the damage. The Justice Department then moved to drop the charge, but requested it be done "without prejudice" to preserve the possibility of future prosecution.

Adding complexity to the situation, Hearn's legal team has requested the court order the Justice Department to release evidence as part of the ongoing discovery process. Prosecutors disclosed in a recent motion that they received substantial documentation from the Department of the Interior after Hearn's indictment. This new information, defense attorneys claim, significantly weakens the original case and indicates the damage was a result of a "botched installation" rather than vandalism.

Defense attorneys argue that access to this government evidence is crucial as Judge Edelman deliberates on the "with prejudice" dismissal. They believe these materials are relevant to demonstrating the ongoing risk of harassment and potential for renewed prosecution, especially given the public nature of the case and the involvement of high-profile political figures.

The Justice Department's filing counters that the grand jury system inherently provides safeguards for defendants. By advocating for a dismissal "without prejudice," prosecutors are attempting to balance the need to potentially pursue justice if further evidence emerges with the defendant's right to finality, though the defense views this approach as insufficient given the case's unique circumstances.

This legal maneuver leaves the ultimate resolution of the Reflecting Pool case for David Hearn uncertain. The decision on whether the dismissal will be with or without prejudice, and the subsequent access to evidence, will be critical in determining the finality of the proceedings for the former Olympian.