Judge ends case against Olympian accused of Reflecting Pool vandalism
Judge said Trump might target champion canoeist because he was politically active and donated to Democrats.
A judge in Washington DC has dismissed the criminal case against an Olympian accused by the Trump administration of vandalising the Reflecting Pool.
Judge Todd Edelman ordered the case against David Hearn dismissed "with prejudice", meaning US prosecutors cannot refile the case.
The US Justice Department had dropped the case after new evidence emerged, but Hearn's lawyers expressed concern that US President Donald Trump could pressure prosecutors to revive it.
Issues with the pool were the result of a "rushed and botched" job by contractors, the government found, but Trump has repeatedly claimed it was due to vandalism and urged prosecutors to target Hearn, citing donations to Democrats.
The cases against three other people also accused of vandalising the pool were dropped as well, but Hearn's defence attorneys said they were worried he would be specifically targeted by Trump because he is a politically active person who previously made campaign donations to Democrats.
In permanently dismissing the case, Edelman agreed with those concerns and pointed to public statements made by Trump after his chief prosecutor for the District of Columbia, Jeanine Pirro, dropped the case.
"Although the prosecutors assigned to this case have deemed it meritless, the president of the United States has repeatedly disparaged them and pressured them to change course," the judge said in his order, published on Thursday.
"Mr Hearn faces the unique possibility that the government will revive this case – one that it has already announced to be meritless – based on political pressure brought by the president of the United States upon his subordinate officers."
Hearn, a champion canoeist, had been facing a 10-year prison sentence if he had been found guilty. He previously told the BBC that he was riding his bike near the pool when he reached down to touch a piece of the lining that was peeling.
The Justice Department said new information from the Department of Interior (DOI) indicated "that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor" and "the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026".
The concession represented a stunning about-face for prosecutors who had just days before accused Hearn of "a deliberate act to damage the Reflecting Pool".
Trump then took to social media to say he disagreed "100%" with Pirro's decision to drop the charges, describing it in separate statements as "a disgrace" and "stupid".
"There may have been some contractor difficulty, but the major damage was caused by VANDALS!" the president wrote in August. Trump has urged Pirro to revive the case against Hearn.
"US Attorney Jeanine Pirro should re-visit her hastily made decision, especially since it turned out that the 'gentleman' involved is a big player in ActBlue," he said on 7 August, referring to Hearn and the campaign fundraising platform used by Democrats.
He also disparaged Norm Eisen, one of the attorneys representing Hearn, who previously worked for President Barack Obama, as well as on an impeachment case against Trump during his first term.
Hearn's legal team hailed the permanent dismissal as "a victory for the rule of law".
"This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted," they said. "Today's decision protects Mr. Hearn from that threat, allowing him to move forward with his life as he deserves."
Asked for comment about the decision, a White House spokesperson referred the BBC to Trump's online comments which were cited by the judge, including his suggestion the case should not have been dropped. The BBC has also contacted Pirro's office and the justice department for comment.
Trump administration drops Reflecting Pool vandalism charge and admits 'botched' repairs
The Lincoln Memorial and the adjoining Reflecting Pool have been the site of many landmark events including civil rights leader Martin Luther King Jr's famous "I have a dream" speech.
It underwent a multi-million dollar resealing and painting project this spring, one of several construction efforts in the US capital personally directed by Trump.
The monument had long been beset by structural failures and leaks, and Trump championed the project as part of his bid to beautify the capital city.
But, despite the makeover, which cost an estimated $16m (£12m), the pool continued to be plagued by algae, while pieces of the blue sealant peeled off days after it was applied.
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