Judge Rebukes Trump DOJ in Second Bid to Keep Vandalism Suspect Detained

Judge Sharbaugh delivered a pointed rebuke, saying the government “largely misconstrues” his previous ruling and failed to grapple with the threshold issue he had actually decided.

The judge said prosecutors had failed to establish they were even entitled to a detention hearing based on their claim that Farris presented a serious risk of fleeing. Sharbaugh also noted the government’s own cited standard permits reconsideration when information emerges that was not known at the time of the original hearing – but said prosecutors failed to identify any such new information.

Instead, the judge concluded the motion “essentially just recycles the same arguments” the court had already considered.

The rejection came despite Pirro’s office mounting an aggressive case for detention and claiming Farris posed an “unacceptable flight risk” because she lacked stable housing, meaningful ties to Washington, and a reliable support system. Prosecutors alternatively requested electronic monitoring and a suitable third-party custodian.

The government also revealed investigators allegedly recovered a text from Farris’ phone suggesting she could strike again.

According to prosecutors, Farris texted a friend on August 13 that she ‘feels like she can try again.” The government argued the message showed she potentially intended to cause further harm in Washington.

Farris is charged with two felony offenses stemming from the August 13 incident at the World War II Memorial.

Prosecutors alleged Farris live-streamed herself while spray-painting the Atlantic pavilion and dumping a substance into the fountain, causing the water to foam. The National Park Service was forced to close sections of the memorial and initiate specialized cleanup and water-treatment procedures, according to the filing.

The preliminary cleanup and restoration costs already exceed $1,000, prosecutors said. Farris allegedly admitted spray-painting the words “clean hands, dirty money” as part of a protest and told investigators she had traveled by bus from Toledo, Ohio, to Washington in July.

Pirro’s office also dug into Farris’ past in its effort to persuade the court she could not be trusted to return.

The filing cited a 2011 Michigan conviction for operating while impaired by liquor and alleged a bench warrant was subsequently issued after Farris failed to appear. Prosecutors said the matter eventually led to additional probation proceedings.

The government argued those incidents formed part of a broader history of noncompliance, claiming Farris had no stable residence, employment, or family in the Washington area. Despite those arguments, Sharbaugh refused to reverse course – leaving Pirro’s office unsuccessful in its second attempt to secure Farris’ detention.