Less than two weeks after federal prosecutors dropped all charges against Bethesda canoeist David Hearn, the White House has asked the Justice Department to explore bringing a new criminal case against the three-time Olympian over the Lincoln Memorial Reflecting Pool incident.

The request, first reported by the Wall Street Journal on Tuesday, Aug. 11, involved conversations between White House officials and the DOJ's Criminal Division at Main Justice, not U.S. Attorney Jeanine Pirro's office, according to Reuters. The discussions focused on whether prosecutors could bring a misdemeanor charge, which would not require a grand jury. Sources described the talks as exploratory, with no final decision made.

The move comes after President Trump publicly rebuked Pirro, a Trump appointee and former Fox News host, for dropping the felony case. Trump said she "choked" and called her decision a "disgrace."

What happened

Hearn, 67, was arrested June 19 after stopping at the Reflecting Pool during a bike ride and touching a piece of the pool's peeling liner. He was detained by Park Police and National Guard troops for five hours. Pirro indicted him July 2 on a felony destruction-of-property charge carrying up to 10 years in prison.

On July 31, Pirro reversed course. Her 20-page motion to dismiss stated the damage was "the result of a botched installation and not vandalism" by contractor Atlantic Industrial Coatings, a Virginia company that had worked on pools at Trump's golf club in Sterling, Va. The renovation's cost had ballooned past $14 million under a no-bid contract.

Attorney Norm Eisen, representing Hearn, said on Aug. 1 when the charges were dropped that the prosecution was an "abuse of government power" and that "the administration owes Mr. Hearn an apology," Maryland Matters reported.

A D.C. Superior Court judge has formally dismissed the case but has not yet ruled on whether the dismissal is with or without prejudice. A dismissal with prejudice would permanently bar new charges; without prejudice would leave the door open. Further briefing is scheduled for late summer and early fall, CBS News reported.

Attorney Michael Bromwich, also representing Hearn, said in a statement Tuesday, Aug. 11: "It is truly difficult to understand the enormous effort apparently being spent on reviving a case that was dead on arrival. At some point DOJ should simply cut its losses and pursue actual criminal activity rather than continue to harass Mr. Hearn."

A DOJ spokesperson declined to confirm or deny the White House discussions, saying the department evaluates cases based on the facts and the law.

Raskin demands answers

Maryland Rep. Jamie Raskin, the top Democrat on the House Judiciary Committee, sent a letter Tuesday, Aug. 11, to Pirro and Interior Secretary Doug Burgum demanding records on the prosecution. Raskin asked whether the administration knew contractor error caused the damage before indicting Hearn.

Reuters described the White House's intervention as "highly unusual," representing a sharp break from longstanding DOJ practice of operating independently from the White House on individual criminal prosecutions.

The judge's ruling on whether the dismissal is with or without prejudice will determine whether new charges are legally possible.