Judge bars Pirro from retrying Hearn case

Judge Todd Edelman of D.C. Superior Court permanently banned U.S. Attorney Jeanine Pirro's office from bringing charges against Olympic canoeist David Hearn over damage to the Lincoln Memorial Reflecting Pool.

Edelman cites exceptional circumstances

Edelman dismissed the case with prejudice on Thursday, saying the government's own representations make plain that bringing another indictment against Hearn is theoretical at best, and more likely simply fanciful.

“is theoretical at best, and more likely, is simply fanciful”

Trump demanded prosecution over politics

Trump publicly criticized Pirro's decision to drop the case, demanded the government reinstitute prosecution partly because of Hearn's political activity and his attorney Norm Eisen's identity, and entertained firing Pirro.

Hearn faces politically motivated prosecution threat

Edelman wrote that Hearn faces the unique possibility the government will revive a case it announced as meritless based on political pressure from the President upon his subordinate officers.

“faces the unique possibility that the government will revive this case, one that it has already announced to be meritless, based on political pressure brought by the President”

Hearn's attorneys celebrate rule of law victory

Norm Eisen, Mary Dohrmann, Steve Levin and Michael Bromwich said the decision is a victory for the rule of law and that the case never should have been brought in the first place.

“is a victory for the rule of law and for an innocent American seeking justice”

Prosecutors had no satisfactory answer

At the hearing, Edelman asked Michael Spence, a career official in Pirro's office, what future prosecution could occur or what could theoretically change the fundamentally flawed case. Spence conceded he had no satisfactory answer.

“What future prosecution could even occur?”

Evidence showed pool already damaged

Pirro's office dropped the case in late July after evidence showed the section of the Reflecting Pool that Hearn allegedly touched was already damaged and prosecutors could not prove more than one thousand dollars in damage.

Levin argues prosecutors abused discretion

Steve Levin, Hearn's attorney, said prosecutors had no case and abused prosecutorial discretion by rushing to indict Hearn to please the president, misleading the grand jury in the process.

“had no case”

Permanent ban protects Hearn from future threat

The dismissal with prejudice permanently bars Pirro's office from retrying Hearn, preventing the government from compounding its errors or threatening to do so at Hearn's expense based on political pressure.