Judge permanently dismisses Trump administration's case charging ex-Olympian with Reflecting Pool vandalism

WASHINGTON (AP) — A judge in the nation's capital agreed on Thursday to permanently dismiss a criminal case charging a former Olympian with vandalizing the Lincoln Memorial Reflecting Pool, a move that could prevent federal prosecutors from reviving the case under political pressure from President Donald Trump.

D.C. Superior Court Judge Todd Edelman ordered the dismissal of David Hearn's case with "prejudice," which would block U.S. Attorney Jeanine Pirro's office from refiling the felony charge against him. The judge ruled nearly a month after hearing attorneys' arguments.

Hearn's lawyers say Trump administration officials have continued to falsely accuse the Maryland resident of vandalizing the reflecting pool despite Pirro's decision to drop the case on July 31. Trump responded by saying Pirro "choked" and "folded like an umbrella."

Edelman said the case presents "exceptional circumstances" that warrant dismissing the case permanently. He agreed with defense attorneys that the government "shot first and asked questions later" by charging Hearn in a "a lightning-fast indictment process."

"While the government wishes to hold open the possibility of the development of evidence that would support a future prosecution, its own representations make plain that such a possibility is theoretical at best, and more likely, is simply fanciful," the judge wrote.

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