David Hearn, a 67-year-old former Olympic canoeist, is exploring legal recourse after prosecutors abruptly dropped felony vandalism charges against him in connection with damage to the Lincoln Memorial reflecting pool. His attorney, Steven Levin, stated that "all options are on the table," including potential civil suits, bar referrals for prosecutors, requests for sanctions, and reimbursement of attorneys' fees, as well as calls for investigations by government entities such as Congress.
Charges Dismissed Due to Contractor Error
The charges stemmed from an incident on June 19, when Hearn was arrested and accused of property destruction, a felony that carried a potential 10-year prison sentence and a $1,000 fine. He denied the charge. The case unravelled when the Justice Department moved to dismiss the charge on Friday, citing in a filing that the damage to the pool liner was "the result of flawed installation by the contractor" involved in the project.
In a 20-page court filing in Washington DC superior court, prosecutors revealed they had received information about a "rush to complete the project" before the Fourth of July celebrations marking the US semiquincentennial. US Attorney Jeanine Pirro noted that key documents from the Department of the Interior indicated "a rushed and flawed installation process, with repeated failures of the lining during installation, and extensive peeling throughout the reflecting pool."
Political Fallout and Hearn's Ordeal
The decision to drop the charge has sparked a dispute within the Trump administration. President Donald Trump accused Pirro of having "choked" and "folded like an umbrella," fueling speculation about her possible dismissal. Despite the dismissal, Trump has continued to blame vandalism for the pool's problems, saying on Monday, "I disagree 100% with [her]." Pirro was seen at the White House shortly after Trump's comments.
Hearn's legal team, including attorneys Steven Levin and Norm Eisen, have been vocal in criticizing the prosecution. They previously stated that the government "owes Mr Hearn an apology," and in a social media post, they declared: "The Trump administration's case against Davey Hearn should have never been brought. Its dismissal does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong."
Hearn's Account and Legal Strategy
Hearn told the Associated Press that he was detained by the National Guard and US Park Police for five hours after stopping at the reflecting pool during a bike ride. He admitted to briefly touching a part of the liner attached to the side but insisted to NBC News that the pool's condition "was the same after I stepped away from the water as it was before I got there."
His lawyers have also demanded that prosecutors disclose the legal instructions given to grand jurors, citing "irregularities" in the grand jury transcripts. They wrote: "The grand jury transcripts disclosed to the defense thus far contain other irregularities that reflect a misleading presentation to the grand jury and a need for review of the entire grand jury record in this matter."
Next Steps: Seeking Dismissal with Prejudice
Currently, the Justice Department dropped the charge "without prejudice," meaning it could be refiled. Hearn's attorneys are filing a motion to dismiss "with prejudice" to prevent further prosecution. Levin stated on Tuesday: "We are responding with our own motion to dismiss with prejudice so that he is no longer at risk of being harassed by the government further. Once that is resolved, Mr Hearn will focus on what comes next. He's considering all options."
In a statement to the Wall Street Journal, attorney Norm Eisen emphasized the team's offensive strategy: "All legal remedies are on the table going forward to respond to the miscarriage of justice."
