David Hearn, a former Olympian accused of damaging the Lincoln Memorial Reflecting Pool, says he is worried the Trump administration could ‘target’ him again later on.
A federal judge formally dismissed the criminal charge against Hearn on Thursday, but the case is not yet permanently closed. The Department of Justice initially dropped every criminal charge against Hearn last week, ending a case that began after a federal grand jury indicted him on a single felony count tied to property destruction.
Hearn, a former Olympic canoeist, had been facing a possible prison sentence of up to 10 years after prosecutors alleged he intentionally pulled away part of the newly applied sealant from Donald Trump’s high-profile Reflecting Pool project. The Justice Department asked for the case to be dismissed “without prejudice,” meaning the government could theoretically bring charges again in the future if it chooses to do so. Hearn’s legal team is fighting for the case to be dismissed “with prejudice,” which would permanently bar any re-prosecution.
But in a court filing, government attorneys acknowledged that the large-scale peeling at the site stemmed from a “flawed installation by the contractor” and a “rush to complete the project prior to events associated with the America 250 celebration.” The contractor, Atlantic Industrial Coatings, was awarded a no-bid contract valued at $14.7 million to install sealant and paint the pool with an “American flag blue” color by July 4. The company’s first federal contract and received a 20 percent profit margin, significantly higher than the typical 6 to 12 percent for federal construction work.
US Attorney Jeanine Pirro said in dismissal motion: “Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”
Even with the case dismissed, Hearn’s legal team says they remain uneasy that the matter may not be over, especially after Trump’s public anger over how the Reflecting Pool controversy played out. The judge has scheduled briefing to determine whether the case will ultimately be dismissed with prejudice, which would prevent future prosecution.
The former Olympian’s lawyers told the judge in court papers: “Rather than bringing the matter to a close, the dismissal has become the subject of an ongoing apparent public disagreement within the Executive Branch itself.
“The government’s decision to dismiss has not eliminated the possibility that Mr. Hearn could again become the target of prosecution should political pressure yet again prevail over the facts and the evidence now reflected in the government’s motion to dismiss.”
Once the charges were dropped, Trump made clear he was unhappy with the result and said he was “extremely disappointed” by the decision.
Speaking to press in the Oval Office earlier this week, the POTUS said: “I was disappointed in Jeanine Pirro. Really disappointed with Jeanine Pirro.
“She folded like an umbrella. People get away with things, it’s a disgrace.”
Trump continued: “I think she choked, because the judge was really vicious. Instead of going after the people who did it, he went after her, and went after her department, and I guess she choked. I don’t know what the happened.”
He then declined to engage further as reporters pressed him on whether the decision could affect Pirro’s future role.
“Are you reconsidering her role?” the president was asked.
“I don’t know what…. you’re fake news, don’t ever talk again,” Trump quickly responded.
He added: “You’re fake news, one of the worst in the business. Fortunately no body watches you.”
Trump continued to insist the damage was caused by vandalism, contradicting his own Justice Department. “I disagree 100% with Jeanine Pirro, the U.S. Attorney for the District of Columbia, on the Reflecting Pool,” he wrote on Truth Social shortly after the dismissal. “To me, it was a pure case of VANDALISM.” He claimed there “may have been some contractor difficulty, but the major damage was caused by VANDALS!” Trump also walked back earlier comments about the contractor, telling reporters Monday he didn’t know Atlantic Industrial Coatings and claiming the Interior Department awarded the contract, despite having praised the company’s work in April.
Throughout the case, Hearn insisted he had done nothing wrong. His lawyers said he only reached into the water to inspect a section of lining that had already come loose, and released it when park staff told him to stop.
“Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong,” Hearn’s lawyers said in a statement after criminal charges were dropped.
“The government’s approach was ready, fire, aim. The administration owes Mr Hearn an apology.”