Judge Throws Out Vandalism Case Against Former Olympian Over Lincoln Memorial Reflecting Pool Damage
A federal judge agreed this week to drop the Justice Department's vandalism case against former U.S. Olympian David "Davey" Hearn and three other people over damage to the Lincoln Memorial Reflecting Pool.
The case had drawn public criticism from President Trump and a 28-page defense motion that argued the prosecution was politically motivated.
Superior Court Judge Todd Edelman has not yet ruled on whether the dismissed case could be reopened, according to NPR. That question matters because prosecutors asked to dismiss the case "without prejudice," meaning they kept the right to refile charges later. Hearn's lawyers wanted the case dismissed "with prejudice," which would end it for good.
Hearn, 67, competed as a canoe slalom athlete for the United States in the 1992, 1996 and 2000 Olympic Games. He pleaded not guilty on July 9 in Washington, D.C., alongside his attorney, Norman Eisen.
Eisen told NPR's All Things Considered that the case should be dismissed "for once and for all." Hearn called his legal ordeal "Kafkaesque" and "Orwellian."
The case began to fall apart after a 20-page filing from U.S. Attorney for the District of Columbia Jeanine Pirro said the peeling lining of the Reflecting Pool was caused by "botched installation." That statement weakened the government's argument that the damage was intentional vandalism. It also lined up with what the defense had been saying: that the charges were not backed by enough evidence.
Hearn's lawyers filed a 28-page motion arguing the case was driven by politics, not evidence. The government did not agree with that characterization.
President Trump publicly criticized Pirro over the handling of the case, accusing her of "folding like an umbrella." The remark added political pressure on the U.S. Attorney's office at a time when the prosecution's evidence was already weakening.
The indictment against Hearn was dismissed earlier this month. ABC News reported on August 6 that a federal judge officially tossed out the case. People confirmed the dismissal the next day.
The Lincoln Memorial Reflecting Pool is the long, shallow body of water on the National Mall between the Lincoln Memorial and the World War II Memorial. The pool's lining had peeled. The government first blamed vandalism, but Pirro's office later said the cause was "botched installation" in its own court filing.
The question still open is whether Edelman will let the government keep the option to refile. If the dismissal is without prejudice, prosecutors could try to bring charges again, but they would have to overcome the evidence gap that Pirro's own filing revealed. If it is with prejudice, the case is closed for good.
The broader context here is how prosecutorial discretion and political pressure intersect in Washington, D.C. Pirro's office filed a document that undercut its own case, and then the president publicly attacked the U.S. Attorney for weakness. Hearn's defense team used both of those developments — the factual concession and the political pressure — to build a motion challenging the case on two fronts: that it lacked evidence and that it was politically motivated.
Whether Edelman lets the government keep its refiling authority will determine whether the Hearn case is fully closed or just on hold.
