Former Olympian David Hearn, 67, is facing a judge's decision on whether to block Trump's administration from charging him again for damaging the Lincoln Memorial Reflecting Pool. Judge Todd Edelman pressed prosecutors on why they wanted to revive charges after admitting they couldn't prove the case beyond a reasonable doubt. The judge seems likely to rule in Hearn's favor, with Assistant U.S. Attorney Michael Spence stating that an answer on future prosecution would be "speculation". Trump has publicly called for Pirro to revisit her decision to drop the case, which she made after determining the damage was caused by contractors.
Written by the local model on 2026-09-04,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
David Hearn, a 67-year-old former Olympian, was charged with vandalizing the Lincoln Memorial Reflecting Pool after a blue liner installed by contractors began to flap up from the surface. However, U.S. Attorney Jeanine Pirro's office agreed to drop the felony charges against him. But instead of fully dismissing the case, they wanted to leave open the possibility of prosecuting Hearn again, which his legal team called "prosecutorial harassment." A judge, Todd Edelman, is now likely to block this move and dismiss the case with prejudice, preventing prosecutors from reviving the charges in the future. Hearn has claimed that this is about "defending democracy," while critics argue it's a political move by Trump's administration. The case has been ongoing for several weeks, with Trump repeatedly demanding that prosecutors target alleged vandals despite his own administration admitting to contractors' responsibility for the damage.
Written for “Trump's Post-Impeachment Pursuit” on 2026-09-05,
grounded in this article and the 0 other(s) covering the same event.
A judge in Washington, D.C. appears prepared to block Donald Trump’s administration and prosecutors from charging a former Olympian a second time for damage to the Lincoln Memorial Reflecting Pool.
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judge → appear → Pool
U.S. Attorney Jeanine Pirro’s office had agreed to drop felony charges against 67-year-old David Hearn, who was accused of vandalizing the monument after recently applied blue liner started to flap to the surface.
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liner → agree → surface
But she wanted to leave open the possibility of prosecuting Hearn again.
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she → want → Hearn
Hearn asked a judge to dismiss the case with prejudice, which would prevent prosecutors from reviving felony charges against him for the same alleged crime.
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which → ask → crime
His legal team called the prospect of a new case against him “prosecutorial harassment.”
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team → call → him
D.C. Superior Court Judge Todd Edelman hauled lawyers to court on Friday to hear why prosecutors would want to revive charges against Hearn after admitting that they couldn’t prove the case beyond a reasonable doubt.
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they → haul → doubt
“It’s not about me.
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It → ’ → me
This is about defending democracy,” Hearn said outside the courthouse on Friday.
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Hearn → defend → Friday
Edelman pressed the Department of Justice on what kind of prosecution Hearn could face in the future, but Assistant U.S. Attorney Michael Spence said an answer would only be “speculation,” according to AllRiseNews.
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answer → press → AllRiseNews
Hearn is not currently under investigation, according to Spence.
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Hearn → accord → Spence
But “10 minutes from now that decision could change,” he said.
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he → change → ?
Trump, meanwhile, has publicly demanded Pirro “revisit her hastily made decision” while accusing her of having “folded like an umbrella” by agreeing to drop the case.
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Pirro → demand → case
“I think she choked,” he said from the Oval Office last month.
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he → think → Office
“How am I to look at these statements as anything other than the chief executive urging your office to pursue a prosecution that your office has determined is meritless?” Edelman asked in court.
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Edelman → look → court
Spence said the president’s remarks “speak for themselves.”
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remarks → say → themselves
If someone like Hearn can be charged for a crime they didn’t commit, “then every American is at risk,” attorney Norm Eisen told reporters outside the courthouse.
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Eisen → charge → courthouse
He's got nothing to do with the toxic contamination of the reflecting pool and the algae farm that is growing in it,” Democratic Rep. Jamie Raskin told reporters.
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Raskin → get → reporters
They should deal with it without bringing my constituent into it.”
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They → deal → it
Weeks after she publicly accused Hearn of “forcefully and violently” ripping out the Reflecting Pool’s Trump-requested blue liner, Pirro filed a stunning motion to dismiss the case entirely — outraging Trump, who has spent weeks demanding prosecutors target alleged vandals despite his own administration admitting that the damage was caused by contractors.
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damage → accuse → contractors
Pirro’s office admitted that the Trump-requested “American flag blue” sealant started to peel “almost immediately” after the work was completed after recent renovations to the site this summer.
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work → admit → site
Contractors left behind “widespread damage,” according to her office.
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Contractors → leave → office
The Department of Interior “provided less than fulsome information at the outset of this case,” Pirro wrote.
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Pirro → provide → case
It was not until after the indictment was filed that the agency determined that the “damage was the result of a botched installation and not vandalism,” according to her filing.
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damage → file → filing
Last month, however, Pirro’s office argued that other evidence could materialize, adding that “the mere potential that charges may be re-brought does not constitute the type of harassment for which dismissal with prejudice is appropriate.”
“Should the case be re-presented to a grand jury based on newly discovered evidence, any re-indictment of the case would not constitute harassment,” her office wrote in court filings.
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office → argue → filings
“Should the case be re-presented, the grand-jury process provides extensive protection to the defendant.
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process → re → defendant
The legal team behind Hearn — a champion canoeist who represented the U.S. at the 1992, 1996, and 2000 Summer Olympics — has argued that Trump’s comments suggest the administration could try to charge him again without a judge’s intervention.
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administration → represent → intervention
“From day one, the case against Mr. Hearn was motivated by political considerations and devoid of adequate factual support,” lawyers wrote August 4.
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lawyers → motivate → support
“Defying both decency and common sense, the government proceeded to indict Mr. Hearn before it had obtained or evaluated the information necessary to establish a good-faith basis for the charge.
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it → defy → charge
The case record demonstrates a “substantial and specific risk that, if the indictment is dismissed without prejudice, Mr. Hearn will face renewed charges, however meritless, driven by political pressure rather than the evidence,” they added.
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they → demonstrate → pressure
