A Washington, D.C. judge permanently dismissed felony charges against former U.S. Olympic canoeist David Hearn on Thursday, blocking federal prosecutors from refiling the case after the government admitted the damage to the Lincoln Memorial Reflecting Pool was caused by a botched construction job rather than vandalism.
Judge Todd Edelman ruled that the case against Hearn—accused of damaging the pool’s sealant in July 2025—should be dismissed with prejudice, meaning prosecutors cannot revive the same charges in the future. The decision follows the U.S. Attorney’s Office for D.C., led by Jeanine Pirro, dropping the indictment in July after concluding Hearn was not responsible for the damage.
Court Rules Case Dismissed with Prejudice
Edelman’s order cited “exceptional circumstances” in permanently ending the prosecution, stating that the government’s own filings demonstrated the case lacked merit. The judge noted that prosecutors had already acknowledged the damage was caused by flawed installation by a contractor, not by Hearn’s actions.
“While the government wishes to hold open the possibility of the development of evidence that would support a future prosecution, its own representations make plain that such a possibility is theoretical at best, and more likely, is simply fanciful,” Edelman wrote in his decision.
The ruling also addressed concerns that the case could be revived under political pressure from former President Donald Trump, who publicly criticized Pirro’s office for dropping the charges. Trump had previously called for the prosecution to continue, alleging the dismissal was a sign of weakness.
Background: How the Case Unfolded
Hearn, a 67-year-old Maryland resident and former Olympian, was arrested in July 2025 after he allegedly reached into the Reflecting Pool during a bike ride. He was charged with felony destruction of government property, accused of causing over $1,000 in damage to the pool’s newly installed sealant.
However, in court filings, prosecutors later admitted that new evidence from the Interior Department confirmed the damage was due to construction errors, not vandalism. The sealant, described by Trump as an “industrial-grade” liner in an “American Flag Blue” color, had torn shortly after installation.
Hearn maintained his innocence throughout, stating he had no involvement in any damage to the pool. His legal team argued the case was politically motivated, pointing to Trump’s public statements pressuring prosecutors to reinstate the charges.
Legal and Political Reactions
Hearn’s attorneys, including Norm Eisen and Michael Bromwich, issued a statement calling the dismissal “a victory for the rule of law” and condemning the prosecution as a “miscarriage of justice.”
“This case never should have been brought in the first place,” the statement read. “What happened to Mr. Hearn is an outrage that should shock every American. 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.”
Trump, meanwhile, had publicly criticized Pirro after she dropped the charges, tweeting that she had “choked” and “folded like an umbrella.” His comments were cited in Edelman’s ruling as evidence of undue political interference in the case.
Pirro’s office did not respond to requests for comment following the dismissal.
Reflecting Pool Renovation and Political Context
The Lincoln Memorial Reflecting Pool underwent renovations in 2025 as part of a broader Trump administration initiative to restore landmarks ahead of the U.S. Semiquincentennial. Trump personally oversaw aspects of the project, including selecting the sealant’s color, which he described as “American Flag Blue.”
Critics of the administration had previously questioned whether the vandalism allegations were an attempt to distract from construction failures or target political opponents. Hearn, who has no known political affiliations, was not publicly associated with any advocacy groups.
What’s Next for Hearn?
With the case permanently dismissed, Hearn’s legal team has indicated he intends to pursue legal recourse for his arrest and detention. His attorneys have not ruled out filing a wrongful prosecution lawsuit against the government.
“Today’s decision protects Mr. Hearn from that threat, allowing him to move forward with his life as he deserves,” his lawyers stated.