The DOJ just blew up its own Reflecting Pool case — again

President Donald Trump’s attempt to repaint the Lincoln Memorial Reflecting Pool has spiraled into an embarrassing debacle that refuses to die. In the latest twist, the Department of Justice seems to have yet again blown its own case against former Olympian David Hearn, who was arrested on charges of vandalizing the pool.

“In a new filing,” posted All Rise News editor-in-chief Adam Klasfeld on Wednesday, “Trump DOJ reveals that there's an NPS email showing peeling due to overspray in the section of the pool relevant to the David Hearn case. It's dated June 11, more than a week before Hearn's arrest.”

Klasfeld attached a screenshot from the DOJ filing, which reads, “The email detailed that the ‘contractor stated that the peeled area was “overspray” from spraying the perimeter joint with polyurea.’ The engineer stated his ‘concern that this “overspray” along the perimeter of the pool could lead to a 1’-2’ strip that is vulnerable to peeling.’ The engineer also stated ‘[t]he polyurea liner that has peeled does not float in water, so should not be highly visible to visitors and can be vacuumed out along with sediment and algae during the normal cleaning process.’ These statements cast significant doubt that the defendant caused damage to the lining. This information — that the piece of liner peeled by the defendant was overspray, of little or no value — was first furnished to the prosecutors weeks after the grand jury indicted the defendant.”

In other words, the DOJ’s own evidence proves the damage had nothing to do with Hearn. According to Klasfeld, “Prosecutors say that the files showing the earlier peeling ‘sabotage’ their ability to prove the case beyond a reasonable doubt — but also (absurdly) claim that ‘newly discovered evidence’ could rehabilitate the case later.” What’s more, he adds, “They still want dismissal without prejudice, even though their case is gutted.”

Earlier this month, Hearn’s defense team filed a motion to have the charges dismissed “with prejudice” following U.S. Attorney Jeanine Pirro’s humiliating admission that the case was groundless. Pirro requested dismissal after documentation from an Interior Department investigation contradicted the prosecution’s claims, and the motion to grant the dismissal “with prejudice” was submitted by the defense out of concerns that Trump could attempt to come after Hearn again.

It has since come out that Trump has in fact requested further charges against Hearn. While the prosecution is now arguing that the case should be dismissed without prejudice in case new evidence comes to light later, Trump’s demand for more action against Hearn supports the defense’s assertion that the case was “motivated by political considerations” and that there was a high ongoing “risk of harassment and bad faith” on the part of the president.