U.S. prosecutors moved to drop felony charges against former Olympian David Hearn in the Lincoln Memorial Reflecting Pool dispute, but U.S. Attorney Jeanine Pirro asked the court to dismiss without barring refiling. Pirro's office said new evidence could surface and that re-presentment to a grand jury would not be "harassment." Hearn's team says any renewed prosecution would be politically motivated, citing Interior Department admissions that a botched installation likely caused the damage. A judge will hold a hearing next month to decide whether the case can be refiled.
Pirro Seeks Dismissal That Leaves Door Open To Recharging Ex‑Olympian In Reflecting Pool Case
US Attorney Jeanine Pirro is asking a judge to dismiss charges against a former Olympian her office accused of vandalizing the Lincoln Memorial Reflecting Pool — but only on the condition that leaves the door open for prosecutors to bring another case against him (Getty)
Federal prosecutors in Washington, D.C., moved to drop felony charges against 67-year-old former Olympian David Hearn in the Lincoln Memorial Reflecting Pool matter, but U.S. Attorney Jeanine Pirro asked the court to dismiss the case in a way that would allow prosecutors to refile if new evidence emerges.
Hearn asked the judge for dismissal with prejudice, which would bar any future prosecution on the same conduct. His lawyers called any renewed effort “prosecutorial harassment” and argued the initial indictment was politically motivated and unsupported by the evidence.
Pirro’s office filed a response saying the case should be dismissed without that permanent bar because additional evidence could materialize. The filing emphasized that "the mere potential that charges may be re-brought does not constitute the type of harassment for which dismissal with prejudice is appropriate."
David Hearn's legal team has argued than attempt to revive a case against him would amount to 'prosecutorial harassment' after prosecutors and administration officials admitted that damage to the pool was due to 'botched' renovations (AP)
"Should the case be re-presented to a grand jury based on newly discovered evidence, any re-indictment of the case would not constitute harassment," the filing states. "Should the case be re-presented, the grand-jury process provides extensive protection to the defendant."
Prosecutors also acknowledged in court documents that the Trump-requested "American flag blue" sealant applied during recent renovations began peeling almost immediately. The filing says contractors who received more than $14 million for the renovation left what prosecutors called "widespread damage," and that the Department of the Interior initially provided incomplete information to investigators.
It was only after the indictment, the filing says, that Interior determined the damage was likely the result of a botched installation rather than deliberate vandalism. Still, reports say the White House pressed the Department of Justice to explore additional charges, a development that prompted Hearn’s lawyers to warn of political pressure influencing prosecutorial decisions.
Former President Donald Trump publicly criticized Pirro’s move to drop the charges and has urged her to reconsider. From the Oval Office he said, "She folded like an umbrella. I think she choked." Hearn’s lawyers argue such comments increase the risk he could be recharged for political reasons.
Trump continues to insist that vandals were responsible for damage to the hastily renovated monument as he pushes Pirro to 'revisit' her decision to dismiss charges (Reuters)
Hearn, a champion canoeist who represented the United States at the 1992, 1996 and 2000 Summer Olympics, faces the uncertainty of whether the Justice Department will return the matter to a grand jury. The judge assigned to the case has agreed to dismiss the indictment but will hold a hearing next month to decide whether dismissal should bar future prosecution.
The possibility of reopening the case has drawn attention amid the recent confirmation of Todd Blanche to a senior Justice Department role. Blanche told NBC’s Meet the Press that he "absolutely support[s] U.S. Attorney Pirro, as does President Trump," while distinguishing that support from the president’s public frustration.
What Comes Next
The judge’s upcoming hearing will determine whether dismissal will be with or without prejudice. If prosecutors present newly discovered evidence to a grand jury and obtain an indictment, Hearn could face charges again — a prospect his defense calls meritless and politically driven.
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