A federal vandalism case accusing former U.S. Olympian David “Davey” Hearn and three others of damaging the Lincoln Memorial Reflecting Pool was dismissed last week — but the matter is not fully resolved. Prosecutors asked the court to drop the case “without prejudice,” which would allow them to potentially refile charges later. Hearn’s lawyers are pressing Superior Court Judge Todd Edelman to dismiss the felony count “with prejudice,” seeking to close the chapter permanently.
Hearn’s attorney Norman Eisen told NPR that Hearn is an innocent man who shouldn’t have to relive the ordeal. In a 28-page motion filed by Hearn’s team, they argue the prosecution was driven by political pressures and lacked adequate factual basis from the start.
The Justice Department’s move to dismiss followed a filing from the U.S. Attorney’s Office for the District of Columbia citing Department of the Interior records that attributed the widespread peeling of the pool’s new lining to a botched installation rather than vandalism. That assessment contradicted earlier public statements by U.S. Attorney Jeanine Pirro, a Trump appointee, who had publicly said the evidence showed Hearn willfully damaged the pool. In her later court filing, Pirro said the Department of the Interior had provided records showing installation problems and that it was difficult to establish vandalism beyond a reasonable doubt.
President Trump reacted angrily to the dismissal and criticized Pirro on social media, reiterating claims that a National Park Service employee had seen Hearn tearing at the lining. Pirro’s filing, however, points to Interior documentation and records that first flagged problems with the lining in mid-June.
Hearn, 67, described the investigation and prosecution as surreal, using terms like “Kafkaesque” and “Orwellian.” The retired canoe slalom athlete — who represented the U.S. in the 1992, 1996 and 2000 Olympics — said the episode has been stressful and has shaken his faith in institutions he has long respected.
A lifelong Maryland resident, Hearn volunteers with the National Park Service and runs a waterproofing business, which he says explains his interest in the pool’s renovation. On June 19, while on a group bike ride on the National Mall, he paused at the recently refilled reflecting pool, put a hand into the water and says he removed a floating piece of the blue lining. He was arrested and later indicted by a grand jury on a single felony charge of destroying government property valued at $1,000 or more.
Hearn pleaded not guilty on July 9 amid visible public support; supporters gathered at the courthouse chanting his name. He faced a trial scheduled for late September and a potential sentence of up to 10 years before prosecutors moved to dismiss the federal charge on July 31.
Hearn’s legal team says they have photographic evidence and other material showing the pool’s condition did not change after his contact, and they argue the government rushed and misrepresented facts when obtaining the indictment. They have asked the court either to dismiss the case with prejudice or to review and potentially release grand jury materials that could shed light on how the indictment was pursued.
A status hearing on whether the dismissal should be with or without prejudice is set for September. Eisen said the defense is exploring all legal options and remains optimistic the court will grant final closure.
Throughout the controversy, Hearn has drawn support from family, friends and local community groups — from paddling and biking companions to music and dance friends — and his case has attracted attention well beyond Washington, becoming a symbol for some of broader political tensions surrounding the administration. Hearn says he wants to put the matter behind him and move on: “With the power of the law, the courts and my team, I feel well-equipped to contest this and restore some normalcy,” he said.