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Bloomberg via Getty ImagesA judge in Washington DC has dismissed the criminal case against a former 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 already dropped the case after discovering new evidence but Hearn’s attorneys expressed concerns President Donald Trump could pressure prosecutors to revive it.
The government found issues with the pool were the result of “rushed and botched” job by contractors 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, Judge 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 released 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,” the judge said.
Hearn, a champion canoeist, had been facing a 10-year prison sentence if he had been found guilty. He previously told the BBC, 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”.
Shortly after the justice department announced it was dropping the vandalism case, Trump 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, Trump’s political rivals.
He also disparaged Norm Eisen, one of the attorneys representing Hearn, who previously worked for President Barack Obama, and on an impeachment case against Trump during his first term.
The Lincoln Memorial Reflecting Pool underwent a multi-million dollar resealing and painting project this spring.
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 had continued to be plagued by algae, and pieces of the blue sealant peeled off within days after its application.
