Former Olympic canoeist David Hearn’s legal battle over the Lincoln Memorial Reflecting Pool has taken a new turn after prosecutors dropped the case against him. Hearn was accused of damaging the pool’s newly installed coating, part of a $14.65 million renovation project but he pleaded not guilty to the charge. However, now, the White House has stepped into the controversy, days after President Donald Trump criticized the decision to drop the charges.

According to The Wall Street Journal, in a report published August 11, White House officials recently reached out to the Justice Department and asked officials to consider whether Hearn could face a new prosecution, according to people familiar with the discussions. But the discussions remain preliminary, and no new charges have been announced against Hearn. 

The controversy began on June 19, when Hearn visited the Lincoln Memorial Reflecting Pool during a 52-mile bike ride. He allegedly tore up the sealant on the pool, which had been installed not too long before the incident, and caused more than $1,000 in damage. He was first arrested on a misdemeanor charge, and it was later upgraded to a felony.

Hearn denied intentionally damaging the pool. He said he reached into the water to touch a piece of coating that had already detached from the bottom. He later pleaded not guilty to the felony charge on July 9, maintaining that he had not vandalized the historic site. But the major turning point came in mid-July.

On July 17, the Reflecting Pool was drained again for repair work. U.S. Attorney Jeanine Pirro and members of her office visited the site. According to the government’s later filing, they saw extensive damage throughout the pool, raising questions about whether the deterioration could actually be attributed to Hearn’s brief encounter.

Prosecutors then sought information from the Interior Department about how the pool’s liner had been installed and what had happened to it before Hearn’s visit. The investigation uncovered information suggesting that the pool’s problems were connected to flawed installation by the contractor. That finding created a major problem for the original prosecution because it suggested that the peeling and deterioration Hearn had been accused of causing were already linked to problems with the renovation.

Then, on July 31, Pirro’s office filed a motion asking the court to dismiss Hearn’s felony indictment. The filing acknowledged that newly obtained evidence from the Interior Department had changed the government’s understanding of the case. Prosecutors said the peeling of the pool’s lining was caused by flawed installation by the contractor, rather than damage caused by Hearn. Judge Todd Edelman subsequently dismissed the case.

The dismissal was without prejudice. Hearn’s lawyers have been seeking a dismissal with prejudice, which would prevent prosecutors from bringing the case against him again over the same alleged conduct. But then the case became increasingly political.

President Donald Trump strongly criticized Pirro after she dropped the prosecution. Trump argued that Hearn had vandalized the Reflecting Pool and questioned why prosecutors had abandoned the case. Trump publicly urged Pirro to reconsider her decision and posted photographs that he said showed vandalism at the pool. 

Hearn’s legal team disputes that account. Another development came just before the White House’s reported involvement. On August 9, Trump acknowledged that there had been “some contractor error done by rushing the job” ahead of July 4.

The admission was significant because prosecutors had come to the same conclusion when they dropped Hearn’s case. But Trump insisted that Hearn bore some responsibility for some of the damage. Trump also admitted on Aug. 10 that there was no video or definitive proof that Hearn was vandalizing the pool, but he repeated the alleged witness testimony. But now, the case has gone on a wild ride.

Following the White House’s outreach, officials in the Justice Department’s criminal division are examining whether Hearn could be prosecuted under a different charge. However, the DOJ has not announced a new prosecution, meaning Hearn is not currently facing a newly filed case.

There is also another legal issue that could determine what happens next. The judge who handled Hearn’s original case is expected to hold a hearing next month on whether the dismissal should be with prejudice. If the dismissal is made with prejudice, prosecutors would generally be barred from bringing Hearn back to court over the same alleged conduct.

The former Olympic canoeist has not been charged again for now. But the whole controversy is painful for an athlete who has represented his country at the international level over the past several years.

David Hearn’s proud legacy with Team USA

Long before being involved in the controversy in Lincoln Memorial Reflecting Pool, David Hearn had already had a successful career representing the United States in canoe slalom. He competed in three Olympics (Barcelona 1992, Atlanta 1996 and Sydney 2000) for Team USA. He had his finest performance at the 1996 Atlanta Olympics when he placed ninth in the men’s C-1 canoe slalom.

Hearn also established himself as a top international competitor outside the Olympics. He became a two-time individual world champion, winning C-1 gold at the 1985 and 1995 World Championships. Across his career, he collected 13 World Championship medals, including eight gold and five silver.

His achievements also included a remarkable run in the C-1 team event. Hearn won six consecutive World Championship gold medals from 1979 through 1989, adding to a career that also included 28 U.S. national titles. His first national championship came when he was just 17 years old.

Hearn later continued his connection to the sport through coaching. He helped establish the Bethesda Center of Excellence in 1992 and worked with young paddlers. His contribution to canoeing was also recognized in 1995 when he was named USA Canoe Kayak Male Athlete of the Year.