A federal prosecutor told a judge that the damage to the Lincoln Memorial Reflecting Pool was likely caused by “a rushed and botched installation” by the project’s contractor. The felony case against David “Davey” Hearn, a 67-year-old former U.S. Olympian from Bethesda, Maryland, was dismissed on August 6. More than a week later, the President is still publicly calling him a vandal – and Hearn’s lawyers have gone back to court to try to end the case for good.
Who Davey Hearn Actually Is
Hearn is not a household name, and he is not a political figure. He is a canoe slalom racer who represented the United States at three Olympic Games – Barcelona in 1992, Atlanta in 1996 and Sydney in 2000. His best Olympic finish was ninth, in Atlanta. Several outlets initially described him as a cyclist. He was not. He was in the middle of a 64-mile bike ride when he stopped at the Reflecting Pool, and the detail got garbled in early coverage.
The Reflecting Pool itself is in the middle of a rehabilitation project costing more than $14 million, timed to the nation’s 250th anniversary. The basin has been drained, and the bottom liner and sealant have been under active repair.
The Charge and the Collapse
Prosecutors alleged that Hearn was “forcefully and violently pulling up and removing the bottom liner with both hands,” damaging roughly two square feet of sealant. Hearn’s account was very different. He said he touched a piece of coating that was already peeling in order to examine it, and let go as soon as a park worker told him to stop. “I did not damage” anything, he said.
A D.C. grand jury indicted him on July 2 on a single count of felony destruction of property – a charge carrying up to 10 years in prison. For a 67-year-old with no conviction of any kind, that is an extraordinary exposure over two square feet of sealant.
Then the government’s own case fell apart. D.C. U.S. Attorney Jeanine Pirro moved to dismiss it, writing that the Interior Department had provided “less than fulsome information at the outset of this case,” and that documents produced later “strongly suggest that a rushed and botched installation by AIC, the primary contractor, led to the damage to the lining of the reflecting pool.” D.C. Superior Court Associate Judge Todd Edelman dismissed the case on Thursday, August 6. Charges against three other people were dropped as well.
The President Disagreed – Loudly
Rather than accept his own prosecutor’s conclusion, President Trump said he disagreed “100% with Jeanine Pirro,” describing the incident as “a pure case of VANDALISM.” He allowed that “There may have been some contractor difficulty, but the major damage was caused by VANDALS!” He said Pirro “choked” and “folded like an umbrella,” and urged her to revisit the case. Interior Secretary Doug Burgum posted on X that “The evidence is clear, vandals have repeatedly caused damage to the Reflecting Pool.”
On Thursday night, Hearn’s defense team – which includes attorney Norm Eisen – filed a motion asking the court to intervene. The motion argues that the administration “continu[es] to advance the narrative – contrary to the evidence and the filings of record in this case – that Mr. Hearn vandalized the Reflecting Pool.” It adds that “Those public statements, together with reports that the Department of Justice is considering bringing new charges against Mr. Hearn, confirm that the risk of continued prosecutorial harassment is not speculative.”
Why the Case Is Not Actually Over
The dismissal was granted without prejudice. In plain terms, that means the charge can be refiled. That is the entire reason Hearn’s lawyers are still in court: they want the dismissal converted to one with prejudice, which would close the door permanently. Judge Edelman has not ruled on that request. He has set a briefing schedule and a hearing. Reporting also indicates the White House asked the Justice Department about opening a new case against Hearn.
What This Means for Americans
Strip away the Olympic résumé and this is a story about an ordinary 67-year-old man who was never convicted of anything, whose prosecution was abandoned by the government’s own filing, and who is still being described as a criminal by the most powerful office in the country. Most people in that position do not have a legal team capable of filing motions to protect them. The question the court now faces – whether a citizen can be left indefinitely exposed to a charge the government already walked away from – applies to everyone, not just to a man who once raced a canoe for his country.
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