An attorney for former Olympic canoeist David Hearn said that “all options are on the table” for legal recourse after prosecutors abruptly dropped charges against him in connection with damage to the Lincoln Memorial reflecting pool. Attorney Steven Levin stated that Hearn “has a number of potential remedies,” including civil suits, bar referrals for prosecutors, requests for sanctions, and reimbursement of attorneys’ fees and expenses, as well as requests for investigations by government entities, including Congress.
Charges Dropped After Contractor Fault Found
Hearn, 67, was arrested on 19 June and faced one felony count of property destruction, a charge that could have resulted in a 10-year prison sentence and a $1,000 fine, which he denied. The charge came after the Trump administration spent $14m to change the pool’s color, and a new liner began to peel off. President Trump blamed vandals, leading to four arrests, but only Hearn was charged with a felony.
On Friday, the Justice Department moved to dismiss the charge, saying in a filing that the damage was “the result of flawed installation by the contractor.” A 20-page court filing in DC Superior Court said prosecutors had received information about a “rush to complete the project” before the Fourth of July semiquincentennial celebrations.
Internal Administration Dispute
US Attorney Jeanine Pirro said her office received key documents from the Interior Department after the indictment, which “indicated a rushed and flawed installation process, with repeated failures of the lining during installation and extensive peeling throughout the reflecting pool.” The decision to drop charges set off a dispute within the administration, with Trump accusing Pirro of “choking” and “folding like an umbrella,” and speculation she might be fired. Trump continued to blame vandalism and said he disagreed “100%” with Pirro.
Hearn’s attorneys previously said the government “owes Mr Hearn an apology.” They stated on social media that the case “should have never been brought” and that 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 Next Steps
Hearn told the Associated Press he was detained by the National Guard and US Park Police for five hours after stopping at the pool during a bike ride. He acknowledged briefly touching a part of the liner attached to the side and told NBC News 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 called on prosecutors to disclose grand jury instructions, citing “irregularities” and a “misleading presentation” that warrant review of the entire grand jury record. Legal recourse against the federal government may come only after attorneys petition the court to dismiss the case “with prejudice,” preventing refiling. The Justice Department dropped the charge “without prejudice,” allowing it to be refiled.
Levin said 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.” Attorney Norm Eisen told the Wall Street Journal that the team plans to go on the offensive: “All legal remedies are on the table going forward to respond to the miscarriage of justice.”
