Attorneys for former Olympic canoeist David “Davey” Hearn are asking a judge to permanently block prosecutors from refiling charges against their client, arguing that the felony case stemming from an incident at the Lincoln Memorial Reflecting Pool was politically motivated and lacking any factual foundation. In a filing submitted Tuesday, Hearn’s legal team described the prosecution as a product of political pressure from the Trump administration, accusing the Justice Department of repeatedly pursuing criminal charges to satisfy the president regardless of what the evidence actually showed.
Hearn was arrested in June after he stopped by the Reflecting Pool during a bike ride and allegedly touched material that had recently been installed on the pool bottom. U.S. Attorney for the District of Columbia Jeanine Pirro announced the charges last month, telling reporters her office could prove beyond a reasonable doubt that Hearn had caused at least $1,000 in damage. But just weeks later, Pirro’s team moved to dismiss the case after internal Interior Department documents revealed extensive damage from a rushed and botched installation process. The dismissal request was filed without prejudice, leaving open the possibility that charges could be brought again.
Hearn’s attorneys want a stricter ruling that would prevent any future prosecution. Their filing highlighted that a National Park Service engineer had told investigators he personally cut loose liner material with a knife to keep peeling sections from getting worse, undermining the claim that Hearn bore responsibility for the damage. They also accused Pirro of holding an unprofessional press conference in which she violated ethics rules by discussing evidence and opining on Hearn’s guilt before a judge had taken any substantive action in the case.
President Donald Trump publicly criticized Pirro after she moved to dismiss, telling reporters she “choked” and “folded like an umbrella.” Pirro subsequently visited the White House carrying an evidence box. The case remains active in D.C. Superior Court, where a judge has yet to decide whether to grant Hearn’s request for a permanent dismissal or allow prosecutors to keep the door open to future charges.