In August, prosecutors asked a judge to dismiss Reflecting Pool vandalism charges against David Hearn because the damage had been caused by a contractor's "botched installation."
Page B1From§Eachthe matinee edition — 1 October 2026
THE CONTRACTOR
DOJ indicts Olympian for a crime its own prosecutors already said didn't happen, loses to a coatings contractor

As it ran on the front
David Hearn's prosecution was built to prove a crime existed, not to punish one. Last summer the Justice Department indicted the retired Olympic canoeist on felony vandalism charges over cracks in the Lincoln Memorial Reflecting Pool. Within a month the government's own motion to dismiss said something narrower than it sounds: it did not claim prosecutors had mistaken Hearn for someone else. It said no crime had occurred in the pool at all.
That should have closed the file. Instead the case stayed open, and by September 4th Superior Court Judge Todd Edelman was questioning Assistant U.S. Attorney Michael Spence about why the government wanted the door left ajar. That's not a baseless pros— it's meritless, the judge's own word, delivered from the bench that day while Spence tried to explain what further charges would even rest on. The next morning, Edelman asked prosecutors point-blank whether they were still investigating Hearn's conduct. They said they were not.…
…(cont) Four days later, at an unrelated press conference on transnational crime, a reporter asked U.S. Attorney Jeanine Pirro whether the push to revive the case was coming from the president. "I'm not going there," she said. Two days after that, the renovation contractor's own account surfaced: according to a report on the pool's blistering, Atlantic Industrial Coatings found its workers had not applied enough primer in places, and that two of the liner materials were not compatible with each other. The crack in the government's theory had been sitting in the pool the whole time.
The ruling noted one more detail worth sitting with: Hearn's political activity, and his donations to Democrats, may have made him a target in the first place.
Nobody at the Justice Department has explained why a closed case about a botched primer job needed a judge to call it meritless twice before it stayed closed. The contractor admitted the mistake within days of being asked. The government took five weeks, one dropped investigation, and a declined press question to arrive at the same sentence it had already written in its own first motion.
“You get indicted for cracking a pool liner because you wrote checks to the wrong party, and it takes the government's own paperwork to admit no crime happened at all — then they keep the case alive for five more weeks anyway. That's not law enforcement, that's a grudge with a docket number, and the judge had to say "meritless" twice before it actually died. Next time it won't be an Olympian with lawyers and a camera crew outside the courthouse.”
“Look, the Justice Department has every right to see a prosecution through to the facts — that's not political, that's just thoroughness. Fine, the prosecutors told the judge in September they weren't investigating him anymore, I didn't say that part out loud. The point stands that the judge called it meritless, which, okay, is also the word he used the first time.”
The receipts
The federal case against a former Olympian accused by the Trump administration of damaging the Lincoln Memorial Reflecting Pool is officially dead after a Washington, D.C., judge ruled Thursday that the Department of Justice (DOJ) cannot try to charge him again in the future. Superior Court Judge Todd Edelman dismissed the case against…
U.S. Attorney for the District of Columbia Jeanine Pirro will no longer be able to bring charges against former Olympian David Hearn after a D.C. Superior Court judge dismissed the Reflecting Pool vandalism case with prejudice.
"Today’s dismissal with prejudice ensures that the DOJ cannot bring this case against him again," the judge wrote.
Judge said Trump might target champion canoeist because he was politically active and donated to Democrats.
A Washington, DC judge on Thursday shut down President Donald Trump's push to have the US Department of Justice indict a former Olympian on false charges of vandalizing the Lincoln Memorial Reflecting Pool. In a 26-page ruling , Washington, DC Superior Court Judge Todd Edelman said that charges against former Olympic canoeist David Hearn…
· Judge indicates Trump's pressure campaign could sink Reflecting Pool vandalism case from the morgue, 5 Sep 2026
· Judge raises 'meritless re-prosecution' in Lincoln Memorial Reflecting Pool hearing from the morgue, 4 Sep 2026
· Contractor blames Lincoln Memorial pool problems on itself, not vandals: Report from the morgue, 11 Sep 2026
· Pirro tells reporter 'I'm not going there' on Reflecting Pool question from the morgue, 9 Sep 2026
This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.