Judge Ends Reflecting Pool Case Against Former Olympian Permanently
A federal case against former Olympian David Hearn, accused by the Trump administration of damaging the Lincoln Memorial Reflecting Pool, has been permanently dismissed by a Washington, D.C. judge. Superior Court Judge Todd Edelman ruled on Thursday that the Justice Department cannot bring the charges again, issuing a dismissal with prejudice.
In a 26-page order, Edelman wrote that Hearn, an Olympic canoeist, confronted a "unique possibility" that the government would seek to revive the case because of "political pressure" from President Trump. The judge emphasized that while the court respects the U.S. Attorney's authority to decide which cases to prosecute or dismiss, the extraordinary circumstances of this case meant the government had no right to retain the ability to compound its errors or threaten to do so at Hearn's expense.
Hearn had been charged with felony destruction of property for allegedly tearing a piece of sealant from the pool. However, U.S. Attorney Jeanine Pirro withdrew the prosecution in late July after determining that a rushed and flawed installation was likely the cause of the damage. Edelman approved that request in early August but delayed a decision on whether prosecutors could later refile charges. Hearn's legal team had pushed for a definitive closure of the case.
In a statement on Thursday, the canoeist's defense team called the ruling "a victory for the rule of law and for an innocent American seeking justice."
Pirro's decision to drop the case angered Trump, who publicly criticized his longtime ally and urged her to reconsider. On August 3, Trump told reporters in the Oval Office that she "folded like an umbrella" and said she "choked." He also targeted Hearn, citing his previous donations to Democrats through the ActBlue platform, and criticized one of Hearn's attorneys, Norm Eisen.
During a hearing last month, Edelman pressed Justice Department lawyers to explain how the president's remarks could be seen as anything other than Trump pressuring their office, their boss, and the three of them to charge Hearn with what they had already deemed a meritless prosecution. The government's lawyers conceded that they had no new evidence against Hearn but wanted to keep the option to pursue charges if additional evidence emerged.
Edelman rejected that request, stating it would leave Hearn in an "acutely vulnerable position." He wrote that if the case were dismissed in a way that allowed the government to refile, Hearn would face the risk of being charged again with a crime prosecutors have determined he did not commit, due to pressure from the President of the United States apparently motivated at least in part by Hearn's political views.
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