Olympian Asks Judge to Bar Retrial in Reflecting Pool Case

Attorneys for former Olympic canoeist David "Davey" Hearn asked a judge Tuesday to permanently bar the Justice Department from reviving the felony vandalism case brought against him over damage to the Lincoln Memorial Reflecting Pool.

The case was "motivated by political considerations and devoid of adequate factual support," Hearn's attorneys wrote, adding that the Justice Department "has repeatedly demonstrated its willingness to seek or reinstate criminal charges to satisfy the President, irrespective of the law or facts." The "sprint to charge" Hearn, they wrote, "mirrored the expedited timeline to complete the Pool renovations" that led to the damage in the first place.

Hearn was on a bike ride in June when he stopped by the Reflecting Pool and was arrested after he allegedly touched material the Trump administration had recently installed on the pool bottom. U.S. Attorney for the District of Columbia Jeanine Pirro told reporters last month that her office could prove beyond a reasonable doubt that Hearn caused at least $1,000 in damage, and a grand jury indicted him on a felony charge.

On Friday, Pirro's team moved to dismiss the case, acknowledging that internal Interior Department documents showed extensive damage resulting from a rushed and "botched" installation. Her office also moved to dismiss misdemeanor cases against three other people tied to incidents at the pool.

President Donald Trump said Monday that Pirro "choked" and "folded like an umbrella," and claimed she faced a hostile judge, though no judge had taken substantive action in the case. Hours later, Pirro visited the White House carrying a box of evidence.

According to the filing, a key grand jury witness initially could not establish $1,000 in damage but was later recalled and said repairs attributed to Hearn would cost more than that — the threshold for a felony. The filing also said a National Park Service engineer told investigators "he had personally cut loose liner or coating with a knife" to keep the peeling from worsening.

Pirro's office sought dismissal without prejudice, leaving open the possibility of recharging Hearn. "By moving to dismiss, the U.S. Attorney's Office did the right thing," said Steve Levin, one of Hearn's attorneys. "But as our response makes clear, it did so the wrong way."

Hearn's team also accused Pirro of holding an "unprofessional and unethical press conference" that disregarded D.C. Bar and Justice Department ethics rules. The case remains active in D.C. Superior Court, and a hearing set for Thursday has been canceled.