Judge Permanently Dismisses Reflecting Pool Vandalism Case Against Ex-Olympian

A D.C. Superior Court judge on Thursday permanently dismissed criminal charges against David Hearn, a 67-year-old former Olympic canoeist, in connection with alleged vandalism to the Lincoln Memorial Reflecting Pool. Judge Todd Edelman ruled that the case should be dismissed "with prejudice," barring federal prosecutors from refiling charges. The ruling came after the U.S. Attorney's Office admitted that damage to the pool's newly installed sealant was caused by a contractor's faulty installation and rushed renovation timeline, not by Hearn's actions.

Hearn had been charged with one count of property destruction, which carried a maximum 10-year prison sentence. He maintained that on June 19, while on a 64-mile bike ride through Washington, he briefly touched a peeled section of the pool's coating after examining it, but immediately complied when a park worker instructed him to release it. Federal prosecutors dropped the case in late July after the Interior Department produced evidence showing the pool was already damaged before Hearn's encounter with it and that the rips and tears resulted from the contractor's use of incompatible chemicals and insufficient primer application.

Judge Edelman cited "exceptional circumstances" in his ruling, specifically referencing political pressure from President Trump. In court filings, Edelman noted that Trump had publicly criticized U.S. Attorney Jeanine Pirro for dropping the case, saying she "choked" and "folded like an umbrella," and had threatened to remove her from office. The judge wrote that Hearn "faces the unique possibility that the government will revive this case — one that it has already announced to be meritless — based on political pressure brought by the President." Edelman also noted that Trump had targeted Hearn over political donations and because one of his attorneys, Norm Eisen, is a longtime Trump critic.

Pirro, a former Fox News host appointed by Trump as the top federal prosecutor for D.C., had initially defended the prosecution but later presented evidence to the judge demonstrating Hearn's innocence. The pool renovation, championed by Trump as part of America's 250th birthday celebrations, cost over $10 million. Trump had personally selected the sealant color, which he described as "American Flag Blue." The contractor, Atlantic Industrial Coatings, later admitted in government documents to applying insufficient primer and using incompatible chemicals in the pool liner.

Hearn's legal team, including attorneys Mary Dohrmann, Steve Levin, Michael Bromwich, and Norm Eisen, stated that the ruling "is a victory for the rule of law and for an innocent American seeking justice." They emphasized that the case should never have been brought in the first place. Interior Secretary Doug Burgum has continued to back Trump's claims that vandals damaged the pool, despite government evidence to the contrary. Multiple other defendants accused of vandalizing the Reflecting Pool also had charges against them dismissed.