{"id":162612,"date":"2026-09-11T07:21:34","date_gmt":"2026-09-11T15:21:34","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/09\/11\/judge-demands-answers-from-doj-for-refusing-to-dismiss-reflecting-pool-case-with-prejudice\/"},"modified":"2026-09-11T07:21:34","modified_gmt":"2026-09-11T15:21:34","slug":"judge-demands-answers-from-doj-for-refusing-to-dismiss-reflecting-pool-case-with-prejudice","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/09\/11\/judge-demands-answers-from-doj-for-refusing-to-dismiss-reflecting-pool-case-with-prejudice\/","title":{"rendered":"Judge Demands Answers From DOJ For Refusing To Dismiss Reflecting Pool Case With Prejudice"},"content":{"rendered":"

There are multiple things this administration is incapable of doing:\u00a0winning wars<\/a>,\u00a0curbing inflation<\/a>, not\u00a0acting like Nazis<\/a>,\u00a0wearing shoes that fit them<\/a>, etc. But if there\u2019s one thing it\u2019s most known for, it\u2019s the unwillingness to take a loss and move on.<\/p>\n

That\u2019s why<\/a>\u00a0the DOJ is\u00a0still trying<\/a>\u00a0to imprison\/jettison into a war-torn African nation its first spectacular failure: Kilmar Abrego-Garcia. And that\u2019s why \u2014 multiple attempts and several million dollars later \u2014 Trump is still pretending what happened to the Lincoln Reflecting Pool\u00a0were acts of vandalism<\/a>, rather than the shoddy work of his preferred contractors. Those facts are on the permanent record, supplied by his own DOJ and his handpicked US Attorney (and former Fox News personality, natch) Jeanine Pirro.<\/p>\n

The DOJ claimed Doug Burgum\u2019s Interior Department lied to it\u00a0when it moved to dismiss<\/a>\u00a0federal vandalism charges against\u00a0former Olympian David Hearn<\/a>. To his credit(?), Burgum has been nothing if not consistent. Burgum continued to spread the lies. And Trump has\u00a0continued to double-down<\/a>\u00a0on his bogus \u201cvandals\u201d claims since the DOJ dropped the charges.<\/p>\n

The continuing problems aren\u2019t limited to Burgum\u2019s and Trump\u2019s constant lies. The main problem for David Hearn is that the DOJ can always try to run him through the court system again. While the DOJ made it clear any damage was due to poor workmanship, it refused to dismiss the charges with prejudice \u2014 something that would have prevented the DOJ from re-charging Hearn in response to White House pressure and\/or a series of hirings\/firings meant to replace Pirro with someone\u00a0more\u00a0<\/em>sycophantic.<\/p>\n

While the DOJ may have an infinite amount of time and money to blow on stroking off Trump\u2019s revenge fantasies, its lawyers have been learning repeatedly\u00a0that federal judges<\/a>\u00a0have a finite amount of patience for their constant bullshit.<\/p>\n

Hearn\u2019s legal team has refused to let this case go simply because the DOJ has refused to let this case go. It has asked the court to bring the DOJ back to explain why it won\u2019t dismiss the charges with prejudice, even after publicly admitting any alleged \u201cvandalism\u201d was simply the end result of shitty pool repair work.<\/p>\n

The DOJ still refuses to take this step, which has naturally resulted in DOJ lawyers\u00a0being berated by yet another exasperated federal judge<\/a>:<\/p>\n

\n

Superior Court Judge Todd Edelman asked assistant U.S. Attorney Michael Spence how he was supposed to look at the president\u2019s statements about David Hearn, one of his attorneys and U.S. Attorney for the District of Columbia\u00a0Jeanine Pirro\u00a0<\/a>as \u201canything other than [Trump] pressuring your office, your boss and the three of you to charge Mr. Hearn, recharge Mr. Hearn with what you had decided to be a meritless prosecution.\u201d\u00a0<\/em><\/p>\n

\u201cIsn\u2019t this a unique threat of meritless re-prosecution?\u201d Edelman said.\u00a0<\/em><\/p>\n<\/blockquote>\n

You\u2019ll notice it\u2019s US Attorney Michael Spence now handling this case, since Pirro has been sidelined (but not officially fired) for refusing to engage in a malicious prosecution on Trump\u2019s behalf. In return for Pirro momentarily demonstrating better judgment and displaying some respect for her office, Trump has repeatedly maligned her in public comments and Truth Social posts.<\/p>\n

That leaves Spence with nothing but the dirtiest of dirty work \u2014 ensuring the Hearn prosecution remains on life support until Oval Office pressure forces him to move forward with \u201cmeritless re-prosecution,\u201d to quote Judge Edelman.<\/p>\n

Spence had nowhere to go. Having been painted into the corner by the administration that currently employs him, all he could do was offer up a weak non-rebuttal that kind of throws Trump under the Truth Social bus he\u2019s driving, while being as noncommittal as possible about the future of the Hearn prosecution:<\/p>\n

\n

Spence replied only that Trump\u2019s statements \u201cspeak for themselves,\u201d while also arguing it was premature to discuss that hypothetical notion because no further grand jury action had happened.<\/em><\/p>\n<\/blockquote>\n

Bro, this discussion isn\u2019t \u201cpremature.\u201d Rights are there to be protected, rather than just vindicated after the fact. The court isn\u2019t obligated to allow the DOJ to engage in a malicious\u00a0re-prosecution<\/em>\u00a0before it can draw inferences from the administration\u2019s actions and statements. Courts aren\u2019t just there to clean up the messes the other branches make. They can also block the government from moving ahead with planned rights violations.<\/p>\n

US Attorney Spence is saying as little as he can in hopes of saving a job that\u2019s probably not worth having. The future will only hold worse things for anyone who thinks it\u2019s possible to appease both Trump and an apparently never-ending series of annoyed federal judges. 30 seconds of boiler plate editing is all it would take to end the Hearn saga for good. But Spence \u2014 and the cowards who work with him \u2014 will never close this case because Trump won\u2019t be happy until he\u2019s put someone \u2014 anyone! \u2014 in jail for botching a job he\u2019d spent months bragging about.<\/p>\n

Judge Demands Answers From DOJ For Refusing To Dismiss Reflecting Pool Case With Prejudice<\/a><\/p>\n

More Law-Related Stories From Techdirt<\/strong>:<\/p>\n

White House Website Briefly Hosted Racist Tetris Clone Game Until The Tetris People Complained<\/a>
Jimmy Kimmel Won\u2019t Air James Talarico Interview On ABC For Fear Of FCC Reprisal<\/a>
Musk\u2019s Robotaxis Under Investigation For Dodging Safety Standards<\/a><\/p>\n

The post Judge Demands Answers From DOJ For Refusing To Dismiss Reflecting Pool Case With Prejudice<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"<\/figure>\n

There are multiple things this administration is incapable of doing:\u00a0winning wars<\/a>,\u00a0curbing inflation<\/a>, not\u00a0acting like Nazis<\/a>,\u00a0wearing shoes that fit them<\/a>, etc. But if there\u2019s one thing it\u2019s most known for, it\u2019s the unwillingness to take a loss and move on.<\/p>\n

That\u2019s why<\/a>\u00a0the DOJ is\u00a0still trying<\/a>\u00a0to imprison\/jettison into a war-torn African nation its first spectacular failure: Kilmar Abrego-Garcia. And that\u2019s why \u2014 multiple attempts and several million dollars later \u2014 Trump is still pretending what happened to the Lincoln Reflecting Pool\u00a0were acts of vandalism<\/a>, rather than the shoddy work of his preferred contractors. Those facts are on the permanent record, supplied by his own DOJ and his handpicked US Attorney (and former Fox News personality, natch) Jeanine Pirro.<\/p>\n

The DOJ claimed Doug Burgum\u2019s Interior Department lied to it\u00a0when it moved to dismiss<\/a>\u00a0federal vandalism charges against\u00a0former Olympian David Hearn<\/a>. To his credit(?), Burgum has been nothing if not consistent. Burgum continued to spread the lies. And Trump has\u00a0continued to double-down<\/a>\u00a0on his bogus \u201cvandals\u201d claims since the DOJ dropped the charges.<\/p>\n

The continuing problems aren\u2019t limited to Burgum\u2019s and Trump\u2019s constant lies. The main problem for David Hearn is that the DOJ can always try to run him through the court system again. While the DOJ made it clear any damage was due to poor workmanship, it refused to dismiss the charges with prejudice \u2014 something that would have prevented the DOJ from re-charging Hearn in response to White House pressure and\/or a series of hirings\/firings meant to replace Pirro with someone\u00a0more\u00a0<\/em>sycophantic.<\/p>\n

While the DOJ may have an infinite amount of time and money to blow on stroking off Trump\u2019s revenge fantasies, its lawyers have been learning repeatedly\u00a0that federal judges<\/a>\u00a0have a finite amount of patience for their constant bullshit.<\/p>\n

Hearn\u2019s legal team has refused to let this case go simply because the DOJ has refused to let this case go. It has asked the court to bring the DOJ back to explain why it won\u2019t dismiss the charges with prejudice, even after publicly admitting any alleged \u201cvandalism\u201d was simply the end result of shitty pool repair work.<\/p>\n

The DOJ still refuses to take this step, which has naturally resulted in DOJ lawyers\u00a0being berated by yet another exasperated federal judge<\/a>:<\/p>\n

\n

Superior Court Judge Todd Edelman asked assistant U.S. Attorney Michael Spence how he was supposed to look at the president\u2019s statements about David Hearn, one of his attorneys and U.S. Attorney for the District of Columbia\u00a0Jeanine Pirro\u00a0<\/a>as \u201canything other than [Trump] pressuring your office, your boss and the three of you to charge Mr. Hearn, recharge Mr. Hearn with what you had decided to be a meritless prosecution.\u201d\u00a0<\/em><\/p>\n

\u201cIsn\u2019t this a unique threat of meritless re-prosecution?\u201d Edelman said.\u00a0<\/em><\/p>\n<\/blockquote>\n

You\u2019ll notice it\u2019s US Attorney Michael Spence now handling this case, since Pirro has been sidelined (but not officially fired) for refusing to engage in a malicious prosecution on Trump\u2019s behalf. In return for Pirro momentarily demonstrating better judgment and displaying some respect for her office, Trump has repeatedly maligned her in public comments and Truth Social posts.<\/p>\n

That leaves Spence with nothing but the dirtiest of dirty work \u2014 ensuring the Hearn prosecution remains on life support until Oval Office pressure forces him to move forward with \u201cmeritless re-prosecution,\u201d to quote Judge Edelman.<\/p>\n

Spence had nowhere to go. Having been painted into the corner by the administration that currently employs him, all he could do was offer up a weak non-rebuttal that kind of throws Trump under the Truth Social bus he\u2019s driving, while being as noncommittal as possible about the future of the Hearn prosecution:<\/p>\n

\n

Spence replied only that Trump\u2019s statements \u201cspeak for themselves,\u201d while also arguing it was premature to discuss that hypothetical notion because no further grand jury action had happened.<\/em><\/p>\n<\/blockquote>\n

Bro, this discussion isn\u2019t \u201cpremature.\u201d Rights are there to be protected, rather than just vindicated after the fact. The court isn\u2019t obligated to allow the DOJ to engage in a malicious\u00a0re-prosecution<\/em>\u00a0before it can draw inferences from the administration\u2019s actions and statements. Courts aren\u2019t just there to clean up the messes the other branches make. They can also block the government from moving ahead with planned rights violations.<\/p>\n

US Attorney Spence is saying as little as he can in hopes of saving a job that\u2019s probably not worth having. The future will only hold worse things for anyone who thinks it\u2019s possible to appease both Trump and an apparently never-ending series of annoyed federal judges. 30 seconds of boiler plate editing is all it would take to end the Hearn saga for good. But Spence \u2014 and the cowards who work with him \u2014 will never close this case because Trump won\u2019t be happy until he\u2019s put someone \u2014 anyone! \u2014 in jail for botching a job he\u2019d spent months bragging about.<\/p>\n

Judge Demands Answers From DOJ For Refusing To Dismiss Reflecting Pool Case With Prejudice<\/a><\/p>\n

More Law-Related Stories From Techdirt<\/strong>:<\/p>\n

White House Website Briefly Hosted Racist Tetris Clone Game Until The Tetris People Complained<\/a>
Jimmy Kimmel Won\u2019t Air James Talarico Interview On ABC For Fear Of FCC Reprisal<\/a>
Musk\u2019s Robotaxis Under Investigation For Dodging Safety Standards<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

There are multiple things this administration is incapable of doing:\u00a0winning wars,\u00a0curbing inflation, not\u00a0acting like Nazis,\u00a0wearing shoes that fit them, etc. But if there\u2019s one thing it\u2019s most known for, it\u2019s the unwillingness to take a loss and move on. That\u2019s why\u00a0the DOJ is\u00a0still trying\u00a0to imprison\/jettison into a war-torn African nation its first spectacular failure: Kilmar […]<\/p>\n","protected":false},"author":3,"featured_media":162613,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[16],"tags":[],"class_list":["post-162612","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/162612","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=162612"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/162612\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/162613"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=162612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=162612"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=162612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}