Judge to Decide Whether to Dismiss Politically Motivated Vandalism Indictment Against Former Olympian
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A Washington judge will soon rule on a request to dismiss the baseless indictment of former Olympic canoeist David Hearn, who prosecutors targeted without sufficient evidence for alleged vandalism at the Lincoln Memorial Reflecting Pool.
A Washington judge announced he will soon rule on a motion to dismiss the indictment of former U.S. Olympic canoeist David Hearn, who has been unjustly charged with damaging the Lincoln Memorial Reflecting Pool. This case, emblematic of the overreach of the criminal justice system, saw prosecutors seeking dismissal without prejudice, a move that would allow the state to continue its harassment if any new evidence—however dubious—emerges. Hearn’s attorney, recognizing the dangers of such prosecutorial overreach, argued for dismissal with prejudice to protect his client from ongoing legal intimidation.
Assistant U.S. Attorney Michael Spence insisted to Judge Todd Edelman that the state should retain the power to re-indict, citing a vague 'public interest' that often serves as a pretext for targeting marginalized individuals. Hearn, 67, was indicted in July on a destruction of property charge after a minor, two-square-foot piece of the pool’s liner was found detached. Hearn has consistently maintained that he only touched the liner out of curiosity and never intended harm, highlighting how easily innocent actions can be criminalized.
U.S. Attorney Jeanine Pirro later revealed that the Department of the Interior found the damage was due to faulty installation, not Hearn’s actions—a fact that exposes the hollowness of the prosecution’s case. After this revelation, Pirro requested the indictment be dismissed. Yet, in a display of reactionary politics, President Donald Trump publicly contradicted Pirro, insisting on labeling the incident as vandalism, further politicizing the justice system.
During the hearing, Hearn’s lawyer, Steve Levin, emphasized that 'nothing can save the case that was dismissed,' urging the court to dismiss with prejudice to prevent further abuse of power. Spence, representing the prosecution, claimed good faith but continued to push for the option to re-indict, perpetuating the cycle of legal harassment.
Judge Edelman said he will consider the arguments and issue a decision soon. After the hearing, Hearn thanked his supporters and framed the ordeal as a fight for democracy against an overzealous and politicized justice system.