Judge Puts Nail in Coffin of Trump’s Lincoln Reflecting Pool Prosecution - Newsweek
A judge fully dismissed the criminal case against David Hearn on Thursday that alleged the former Olympian damaged the Lincoln Memorial Reflecting Pool in Washington, D.C.
The ruling comes roughly two months after federal prosecutors dropped the criminal case after concluding that damage to the Lincoln Memorial Reflecting Pool was caused by flawed installation rather than vandalism. Judge Todd Edelman referenced that decision in his order dismissing the case.
"Within a month, the government recognized that its prosecution lacked merit," the dismissal said. "It reached this conclusion not because it had misidentified Mr. Hearn as the perpetrator of the alleged act, but because no crime had occurred."
Edelman added that "because the government's legitimate interest in maintaining the possibility of a future prosecution seems so marginal, and because of the extraordinary possibility that Mr. Hearn will nonetheless face a meritless, politically motivated prosecution," the court dismissed the case with prejudice. That means the case has permanently been dismissed and cannot be refiled with the same claims.
"This case never should have been brought in the first place," Hearn's attorneys said in a statement. "This was a miscarriage of justice, and what happened to Mr. Hearn is an outrage that should shock every American. 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. Today’s decision protects Mr. Hearn from that threat, allowing him to move forward with his life as he deserves.”
Newsweek reached out to Hearn for comment on Thursday. When reached for comment, the White House referred Newsweek to a series of Truth Social posts from President Donald Trump in August in which he blamed vandals for the damage to the reflecting pool.
"Look what VANDALS did to the grass connecting the vandalized World War II Monument and the vandalized Reflecting Pool, which will be opened again, and better than ever, shortly," Trump wrote. "Anybody who thinks the Reflecting Pool wasn’t vandalized should go back to Law School! The grass is being replaced shortly, and the Reflecting Pool is almost completely fixed, including the various inflow and outflow pipes, which we were saving for the end of the year, but will do now."
Renovations at the Lincoln Memorial Reflecting Pool have been ongoing. Trump has said his goal is to restore the pool to a cleaner and more visually appealing condition. The effort included applying a new coating to the bottom of the Reflecting Pool called "American flag blue" and combating the persistent algae blooms that have long affected the site.
However, the project quickly hit setbacks: within days of completion, algae returned to the Reflecting Pool, turning the water green and murky despite efforts to eliminate the growth.
In addition to the algae problem, Trump claimed that vandals had caused a roughly 300-foot gash in the Reflecting Pool's newly applied liner, which became a focal point of the controversy surrounding the renovation.
Hearn was detained in June by National Guard members and Park Police after reaching into the water to touch a piece of the pool's peeling liner. Federal authorities indicted him after alleging he pulled up sections of the liner.
The government initially claimed the damage exceeded $1,000, resulting in a felony charge that carried a potential prison term of up to 10 years.
Hearn, who told previously Newsweek he had been "targeted" during his arrest, has denied the allegations from the beginning.
Since the case was dismissed with prejudice, it means it cannot be brought against Hearn again.
“Today’s dismissal with prejudice ensures that the DOJ cannot bring this case against him again," Hearn's attorneys said in the statement. "This decision is a victory for the rule of law and for an innocent American seeking justice."
Contact Newsweek editors on this story: Jason Lemon and Sam Wilson.
