Federal prosecutors last week moved to dismiss the vandalism case brought against former U.S. Olympian David “Davey” Hearn and three others over alleged damage to the Lincoln Memorial Reflecting Pool. But Hearn’s legal fight is not finished: a D.C. Superior Court judge, Todd Edelman, still must decide whether the matter can be reopened later.
Hearn’s attorneys have asked the court to dismiss his felony charge with prejudice — that is, to end the case permanently. Prosecutors asked for dismissal without prejudice, a step that would allow them to refile charges in the future. “We feel strongly this case should be dismissed for once and for all,” Hearn’s lawyer Norm Eisen told NPR, adding that Hearn is innocent and should not have to face the process again.
In a 28-page filing, Hearn’s lawyers argue the prosecution was driven by political pressure and lacked adequate factual support. The dispute over whether the case can be revived has become entangled with public commentary from national figures. In recent days, President Trump criticized U.S. Attorney Jeanine Pirro for the decision and repeated claims that vandals had ripped the pool lining, even as Pirro’s own filing cited Department of the Interior records attributing the peeling lining to a “botched installation.” Trump posted on Truth Social describing a National Park Service employee’s account of seeing Hearn allegedly tug at the coating, while also acknowledging there may have been contractor error.
Hearn, 67, called the ordeal “Kafkaesque” and “Orwellian,” and said the stress and sleepless nights of the past weeks have tested his confidence in the institutions he’s long respected. A Maryland native and three-time Olympic canoe slalom competitor (1992, 1996 and 2000), Hearn has been a longtime volunteer for the National Park Service and runs a waterproofing business — which he says is why he stopped to look closely at the newly renovated pool.
On June 19, during a group bike ride through the National Mall, Hearn said he paused to inspect the reflecting pool after reports of green algae and peeling pieces of the new blue lining. He said he reached into the water and removed a floating sliver of paint; he was arrested soon afterward and charged with destroying government property.
Hearn has consistently denied damaging the monument and says the accusation cuts deeply because of his long record of park volunteerism and reverence for national sites. “You’re supposed to leave nothing but footprints,” he said, describing how ingrained that ethic is for him and his family.
A grand jury returned a single felony charge on July 2 for destruction of property valued at $1,000 or more. Hearn pleaded not guilty on July 9 amid a crowd of supporters who greeted him outside the courthouse. He had faced a late-September trial date and, if convicted, a potential sentence of up to 10 years before federal prosecutors moved to dismiss the case on July 31.
The U.S. Attorney’s Office wrote that Department of the Interior records indicate the pool damage was caused by flawed installation rather than vandalism, and that it would be difficult to prove vandalism beyond a reasonable doubt. The reversal contrasted with an earlier press conference in which Pirro had said the evidence showed Hearn willfully damaged the pool; her later court filing said additional Interior documents showed otherwise and that some evidence had not been produced earlier.
Hearn’s attorneys say they had submitted photographic proof early in the case demonstrating the pool’s condition before and after Hearn’s contact. They contend the government’s indictment was rushed and politically motivated and have asked the court either to dismiss with prejudice or to unseal and review grand jury materials to determine whether the indictment was obtained in a manner that warrants permanent dismissal.
Eisen told NPR the Department of Justice “finally came to their senses” in dropping the charge, but argues the government’s explanation — that it only understood the scope of the Interior’s records after the indictment — does not withstand scrutiny.
A status hearing on the dismissal request is set for September. Hearn and his legal team say they are reviewing all remedies and are optimistic about resolving the matter. He said the support of family, friends and a broad group of community allies — from paddling and biking companions to music and dance acquaintances — has helped him through the ordeal. Eisen noted that the case has resonated far beyond D.C., turning into a national story about prosecutorial conduct and the broader civic climate: “If it can happen to Davey, it could happen to you or me or anyone.”
Hearn summarized his aim plainly: he wants to close the chapter and restore his reputation. “With the power of the law, the power of the courts, the judges and my wonderful team … I feel very well-equipped to contest this, to bring democracy back to me,” he said.