The court granted in part the DOJ's request to dismiss the vandalism indictment against former Olympian David Hearn, but Judge Todd Edelman will decide later whether the dismissal should be with prejudice. The DOJ says new evidence points to a flawed contractor installation as the likely cause of the Reflecting Pool damage; U.S. Attorney Jeanine Pirro sought dismissal without prejudice. Hearn's lawyers asked for a dismissal with prejudice, and the judge set a filing schedule and plans an oral argument before issuing a final ruling.
Judge Grants Motion To Dismiss Indictment Against Ex-Olympian David Hearn, Will Decide Later If Dismissal Is Final
Elizabeth Frantz/Reuters - PHOTO: Former U.S. Olympic canoeist David Hearn stands with his lawyer as they speak to reporters following Hearn's arraignment on a felony destruction of property charge at DC Superior Court in Washington, July 9, 2026.
A federal judge has granted in part the Department of Justice's motion to dismiss the criminal indictment accusing former U.S. Olympian David Hearn of vandalizing the Lincoln Memorial Reflecting Pool, according to an order filed Thursday.
Associate Judge Todd Edelman said he will reserve a final decision on whether the dismissal should be with prejudice — which would bar the government from recharging Hearn — until he hears additional written submissions and oral argument from both the government and Hearn's lawyers. Edelman set a schedule for filings and said he will arrange a hearing after those submissions are complete.
Why the DOJ Sought Dismissal
The Justice Department moved last week to drop the case after investigators uncovered evidence indicating the damage to the pool may have resulted from a rushed or flawed installation by the contractor rather than deliberate vandalism. In its filing, U.S. Attorney Jeanine Pirro asked the court to dismiss the indictment without prejudice, leaving open the possibility of a future charge if new evidence emerges.
Defense Pushes for Finality
Hearn's attorneys filed a separate motion asking the court to dismiss the indictment with prejudice, arguing that the circumstances are "exceptional" and that the government lacked a good-faith basis for the charge when it sought the indictment. Their filing criticized the timing of the indictment and urged the court not to leave Hearn vulnerable to renewed prosecution.
"Defying both decency and common sense, the government proceeded to indict Mr. Hearn before it had obtained or evaluated the information necessary to establish a good-faith basis for the charge," Hearn's lawyers wrote. "The Court should not leave the defendant subject to the possibility of renewed prosecution."
Hearn, a former U.S. Olympic canoeist, pleaded not guilty last month to a felony charge of destruction of property after prosecutors said he "forcefully and violently" ripped up sections of the pool lining. Pirro's office said it learned of evidence pointing to installation problems only after the grand jury returned the indictment.
President Donald Trump criticized the decision to seek dismissal, saying the U.S. Attorney "choked" and "folded like an umbrella," and he reiterated allegations that vandals — not Hearn — may have been responsible for cutting and tearing the pool lining.
Photo: Elizabeth Frantz/Reuters — Former U.S. Olympic canoeist David Hearn speaks with his lawyer following his arraignment in July.
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