President Donald Trump has not yet decided whether to retain U.S. Attorney for Washington D.C. Jeanine Pirro, a longtime ally, following her office's dismissal of charges against U.S. Olympian David Hearn. Hearn had been accused of vandalizing the Lincoln Memorial Reflecting Pool.
Speaking to reporters on Tuesday night, Trump stated, "I haven't made a determination" when asked if Pirro was "safe" and would remain in her position. He added, "I told her I was not happy."
Trump reiterated his belief that the pool had been vandalized, defending contractors involved in its recent $16 million renovation. "I just think she was totally wrong," Trump said of Pirro. "They did a beautiful job, there were a couple of little things but that was not a big deal and everybody saw the vandalism, all you have to do is look at the tape."
On Monday, Trump had expressed anger over the dismissal, telling reporters in the Oval Office that Pirro "folded like an umbrella, and people get away with things, and it's a disgrace." He added, "Frankly, I think she choked. I don't know what the hell happened."
Pirro, a former judge and district attorney who joined Fox News in 2006, was appointed by Trump as the U.S. Attorney for Washington, D.C. in May 2025.
Reflecting Pool Incident and Case Dismissal
The charges against Hearn were dismissed after his lawyers presented new evidence indicating the damage to the pool was the result of a "botched installation and not vandalism." The court filing cited new documents that "undermines the evidentiary basis for the indictment."
Hearn was arrested by U.S. Park Police and subsequently indicted on a felony count of property destruction. He had pleaded not guilty. The court filing noted, "Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt."
Hearn's legal team argued that the government had "disregarded readily available evidence" showing the liner was already failing due to installation flaws, and that the damage was "plainly visible" for weeks. They contended that the contractor, Atlantic Industrial Coatings, had publicly acknowledged repair needs before Hearn was indicted.
Prosecutors under Pirro's tenure have faced scrutiny for failing to secure indictments in other cases, including against former Federal Reserve Board Chair Jerome Powell and several Democratic lawmakers. She also did not secure indictments against New York Attorney General Letitia James for alleged fraud related to a property purchase.