Lawyers for Ex-Olympian Cleared in Reflecting Pool Case Seek Watchdog Investigations

Attorneys for former Olympian David Hearn, who was charged with damaging the Lincoln Memorial Reflecting Pool before the case was abruptly dropped, are calling for investigations by government watchdogs into alleged incompetence and misconduct.

In a letter sent to the inspectors general for the Departments of Justice and the Interior, Hearn's lawyers stated that government officials acted under pressure from then-President Donald Trump. They are requesting that the watchdogs examine the flawed investigation and prosecution that led to the "shocking and indefensible treatment" of their client.

The call for investigations comes days after a D.C. Superior Court judge permanently dismissed the case against Hearn. The prosecution had been criticized by defense lawyers and others as an abuse of government power, particularly after Trump insisted vandalism, not human error, was responsible for the damage.

"In light of these findings and the government’s own admissions, a critical purpose of the requested investigations is to collect the facts — through witness interviews and the collection and analysis of electronic media and documents — necessary to hold accountable the individuals and groups who failed Mr. Hearn, the criminal justice system, and the public," the lawyers wrote, emphasizing that "accountability and full and unconstrained investigations by your offices" are demanded.

The Justice Department's inspector general's office declined to comment on the request. The Interior Department's inspector general's office did not immediately respond to a request for comment.

On Thursday, D.C. Superior Court Judge Todd Edelman dismissed the case against Hearn with prejudice, preventing the U.S. Attorney's office from refiling the felony charge. He cited "exceptional circumstances" and agreed with defense attorneys that the government had "shot first and asked questions later" by charging Hearn in a "lightning-fast indictment process."

In July, weeks after Hearn was charged, his case was moved for dismissal by U.S. Attorney Jeanine Pirro. She cited newly produced evidence from the Interior Department indicating Hearn was not responsible for damage to the pool's lining. Pirro attributed the damage to a contractor's botched installation and a rush to complete the project before the America 250 celebration.

However, Hearn's lawyers contend that evidence proving his innocence was in the Justice Department's possession for weeks and was "simply ignored." They have asked the Justice Department's inspector general to investigate why prosecutors allegedly "rushed to indict" under political pressure from Trump. Trump had publicly committed to completing the renovation before the anniversary celebrations and later criticized Pirro for dismissing the case.

The attorneys also want the watchdog to investigate whether prosecutors withheld exculpatory information, relied on a grand jury witness who presented an unsubstantiated figure for monetary damages, and whether Pirro violated Justice Department policy with public comments made at the indictment press conference and by approaching and questioning a defense expert.

"The record reflects an indictment obtained through unusual haste and a prosecution shaped from the outset by political pressure and built on an inadequate investigation," the lawyers stated, adding that "the sprint to charge Mr. Hearn mirrored the rushed renovation itself."

Hearn, a three-time Olympian, was arrested on June 19 after telling officers he reached into the pool to examine its peeling coating and briefly touched a detached piece of the liner. He was indicted on one count of property destruction, a charge that carries a maximum 10-year prison sentence.

His lawyers are questioning the evidence presented to the grand jury regarding the charge and the alleged amount of damage. They claim prosecutors failed to "critically examine" the statements of a key witness, whose accounts were contradicted by video evidence, and withheld body-worn camera footage and other evidence from the defense.

Additionally, the lawyers challenged Pirro's actions, alleging she approached a defense expert on July 17 without notifying counsel to inquire about his conclusions. They stated that such an interaction constitutes testing the defense's strategy rather than gathering evidence.

The letter also urges the Interior Department's inspector general to investigate who decided to proceed with an unqualified contractor, why work continued despite known risks, why National Guardsmen were used to detain Hearn, and why officials made "publicly defamatory" statements even after the case was dismissed. The Interior Department stated that Hearn "admitted to officers that he was tampering with the Reflecting Pool," a claim his lawyers dispute, stating he only touched a loose liner.