A federal judge permanently dismissed vandalism charges against a former Olympian accused of damaging the renovated Lincoln Memorial Reflecting Pool, ending a case on Thursday that divided the Trump administration.
U.S. District Judge Todd Edelman dismissed the felony destruction of property charge against David Hearn with prejudice, barring prosecutors from refiling charges against him.
U.S. Attorney for the District of Columbia Jeanine Pirro brought charges against Mr. Hearn, 67, in early July at the behest of President Trump, who insisted that vandals cut the pool’s lining after its $16 million renovation this spring.
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Ms. Pirro moved to drop the charges on July 31, acknowledging that Interior Department documents showed the blue lining peeled due to a “rushed and botched” installation, not intentional cutting or vandalism.
Still, Mr. Trump and Interior Secretary Doug Burgum insisted that vandalism caused the damage, even after the contractor who renovated the pool admitted to poorly done work.
Mr. Hearn could have faced refiled charges before Thursday’s ruling.
“While the government wishes to hold open the possibility of the development of evidence that would support a future prosecution, its own representations make plain that such a possibility is theoretical at best, and more likely, is simply fanciful,” Judge Edelman, an Obama appointee, wrote in a 26-page order.
The judge concluded that while all defendants deal with “some degree of uncertainty regarding the odds of re-prosecution after a case has been dismissed,” Mr. Hearn faced the possibility that the government will revive the case “based on political pressure” brought by the president.
“In the exceptional circumstances posed by this case, the government has no right to retain the ability to compound the errors it has already made, or even to threaten to do so, at Mr. Hearn’s expense,” Judge Edelman wrote.
Mr. Hearn, a former U.S. Olympic canoeist, said he merely reached out during a bike ride near the Reflecting Pool in June to touch a piece of peeling lining. He faced up to 10 years in prison for a conviction on property destruction.
His attorneys said the ruling is “a victory for the rule of law and for an innocent American seeking justice.”
“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,” the lawyers said in a statement.
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