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WASHINGTON — A DC judge on Thursday tossed the Trump administration’s case against former Olympic canoeist David Hearn for allegedly vandalizing the Lincoln Memorial Reflecting Pool in June.
DC Superior Court Judge Todd Edelman dismissed with prejudice the felony count of destruction of property against the 67-year-old Olympian, meaning US Attorney Jeanine Pirro’s Office won’t be able to refile it.
“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,” wrote Edelman.
The judge also claimed that Pirro’s office had “shot first and asked questions later” by charging Hearn in a “a lightning-fast indictment process.”
“Although the prosecutors assigned to this case have deemed it meritless, the President of the United States has repeatedly disparaged them and pressured them to change course,” Edelman added.
Hearn’s defense attorney Steve Levin praised the decision.
“We are gratified by the Court’s decision dismissing this case with prejudice,” Levin said in a statement. “Our justice system depends on prosecutors exercising independent judgment, free from political pressure, and on courts willing to safeguard that principle.”
“Today’s decision reaffirms the importance of those protections. We are proud to have stood beside Mr. Hearn in defending his rights and are pleased that he can finally put this matter behind him,” added Levin.
Prosecutors dropped their case in July, writing in court papers that the Interior Department failed to share information about its “flawed installation by the contractor” beforehand.
The decision enraged President Trump, who shot back in a post on Truth Social: “There may have been some contractor difficulty, but the major damage was caused by VANDALS!”
“I was disappointed in Jeanine Pirro. Really disappointed in Jeanine Pirro,” he also told reporters in August. “She folded like an umbrella.”
For a time, Pirro’s job appeared to be on the line as she was summoned to a tense Oval Office meeting with the president and Interior Secretary Doug Burgum, who denied that his team failed to provide evidence of the alleged vandalism in a timely fashion to DC prosecutors.
Hearn, who faced up to 10 years in prison upon conviction, had yanked at a flapping piece of lining at the bottom of the Reflecting Pool on June 19, before being told to stop by authorities.
But the sealant put down began peeling “[a]lmost immediately” after the contractor, Atlantic Industrial Coatings, had completed its work in anticipation of America 250 Independence Day festivities.
DOI assessed that Hearn’s tugging at the pool’s lining caused $1,000 worth of damage in statements made to Pirro’s office — despite a National Park Service engineer being “alerted to the peeling of the Reflecting Pool lining” by itself at least 10 days before the incident on June 9.
Hearn competed in three Summer Olympics as a US canoeist, earning ninth place at the 1996 games in Atlanta.
With Post wires

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