A federal judge in Washington has permanently dismissed the criminal case against former Olympian David Hearn, who was charged with vandalizing the Lincoln Memorial Reflecting Pool. D.C. Superior Court Judge Todd Edelman ordered the dismissal with prejudice on Thursday, a ruling that blocks prosecutors from reviving the felony charge under any future political pressure.
Judge Edelman issued the ruling nearly a month after hearing arguments from both sides. The decision prevents U.S. Attorney Jeanine Pirro’s office from refiling the property destruction charge, which carried a maximum prison sentence of 10 years.
How the David Hearn Reflecting Pool Case Unraveled
Pirro had already moved to drop the case on July 31, citing new evidence from the Interior Department that showed Hearn was not responsible for the damage. Her office attributed the deterioration of the pool’s lining to a botched installation by a contractor and a rush to finish the project in time for this summer’s America 250 celebration in Washington. That admission was a significant embarrassment for the White House, which had publicly blamed vandals. Interior Secretary Doug Burgum had backed President Donald Trump’s claims about the damage.
Hearn, 67, of Bethesda, Maryland, said he was on a bike ride on June 19 when he reached into the pool to examine its newly peeled coating and briefly touched a chunk attached to the side. He said he let go immediately when a park worker told him to. His lawyers argued that prosecutors had not presented the grand jury with adequate evidence to support the charge or the amount of alleged damage. According to the Lincoln Memorial Reflecting Pool vandalism charge, Trump reacted to Pirro’s decision to drop the case by saying she had “choked” and “folded like an umbrella.”
Hearn’s Lawyers Call It a Victory for the Rule of Law
Hearn competed in three Summer Olympics, with his best finish being ninth place in the 1996 Atlanta Games, according to the U.S. Olympic and Paralympic Committee. Trump, who appointed Pirro, a former Fox News host, as the District of Columbia’s top federal prosecutor, had continued to publicly link Hearn to the damage even after the case was dropped. Judge Edelman was nominated to the bench by former President Barack Obama.
Hearn’s attorneys said in a statement that the ruling is “a victory for the rule of law and for an innocent American seeking justice.” They added that the dismissal allows Hearn to “move forward with his life as he deserves.”
“This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted,” his lawyers said. With the case now closed with prejudice, prosecutors have no legal path to refile the charge, effectively ending the matter unless the ruling itself is successfully challenged on appeal.
