Judge Dismisses Reflecting Pool Criminal Case Against Former Olympian

U.S. Attorney for Washington, D.C., Jeanine Pirro moved to drop the felony charge last week, asking the court to dismiss the case against Davey Hearn.

Former Olympic canoeist David Hearn (2nd L) listens as his attorney Norman Eisen (R) speaks after he pleaded not guilty to allegedly damaging the Lincoln Memorial Reflecting Pool in Washington on July 9, 2026. Rod Lamkey, Jr./AP Photo

A Washington, D.C., judge dismissed a felony case on Aug. 6 against former Olympian canoeist Davey Hearn that accused him of destroying the lining of the Lincoln Memorial Reflecting Pool in June after prosecutors learned the contractor may have caused the damage.

Superior Court Judge Todd Edelman granted the government’s motion to dismiss the indictment but delayed deciding whether the charges could be refiled in the future.

U.S. Attorney for Washington, D.C., Jeanine Pirro moved to drop the felony charge last week, asking the court to dismiss the case against Hearn, 67.

The judge described Pirro’s reasoning in his order.

“The Government’s Motion describes in considerable detail information the government reportedly learned from the Department of the Interior after the return of the indictment that ‘strongly suggest(s) that a rushed and botched installation [of the lining] by AIC, the primary contractor, led to the damage to the lining of the Reflecting Pool,’” Edelman wrote in the order.

The evidence led prosecutors to conclude it was difficult to attribute the widespread damage to the pool to vandalism, or establish a case beyond a reasonable doubt, the judge stated.

Edelman also ordered prosecutors to file a reply within 15 days to the defendant’s attorney, who wanted assurances that the case was permanently dead, which would require the judge to decide it was dismissed with prejudice.

The U.S. Attorney’s Office in Washington, D.C., didn’t immediately return a request for comment about the decision.

President Donald Trump told reporters Aug. 3 he was disappointed with Pirro, saying she “folded like an umbrella.” Trump also said he believed Pirro dropped the case because of concerns about how the judge was overseeing it. He declined to respond when asked whether he was considering firing Pirro over the matter.

Hearn was charged in July with property destruction for allegedly damaging the newly installed reflecting pool’s liner after hearing statements from Department of Interior employees.

Hearn’s lawyers said in a statement the case should never have been brought against him.

“Davey Hern is innocent and today’s dismissal reflects that simple fact. But this case never should’ve been brought in the first place,” Norm Eisen, an attorney representing Hearn, posted on X. “The Department of Justice’s decision to seek an indictment was a miscarriage of justice.

U.S. Attorney for the District of Columbia Jeanine Pirro speaks during a press conference at the Justice Department in Washington on April 27, 2026. Madalina Kilroy/The Epoch Times

“The Court has ordered briefing on dismissal with prejudice—that is, to prevent the government’s ability to bring the case again. We intend to vigorously advocate for that. All other legal options also remain on the table,” Eisen said.

Eisen, a former diplomat and special counsel for former President Barack Obama, is with the Democracy Defenders Fund.

He was joined on the case by former federal prosecutor Mary Dohrmann, of Washington Litigation Group, and Steve Levin of Steptoe LLP, a former federal prosecutor and deputy director of the U.S. Attorney’s Office for the District of Maryland.