David Hearn’s lawyers ask DOJ, Interior Dept. to probe his Reflecting pool arrest
Former U.S. Olympic canoeist David Hearn spent five hours in a Washington jail after stopping at the Lincoln Memorial Reflecting Pool during a bike ride on June 19, an arrest that triggered a felony indictment before prosecutors acknowledged the property damage was actually caused by renovations rather than vandalism. On Tuesday, attorneys for Hearn filed a formal request asking the internal inspectors general at the Justice and Interior departments to launch a detailed investigation into the circumstances of his arrest, indictment, and the subsequent dismissal of the case, CBS News reported.
The letter sent to Justice Department Inspector General Don Berthiaume and Interior Department Inspector General Caryl Brzymialkiewicz marks a new escalation in a high-profile legal battle that drew national attention this summer. Hearn’s legal team is demanding accountability for what they describe as a nightmare caused by incompetence and government wrongdoing. Lawyers Michael R. Bromwich, Steven H. Levin, and Jason M. signed the request for an independent probe, as detailed by MS NOW.
Arrest at the Reflecting Pool and Grand Jury Indictment
Hearn’s encounter with law enforcement began when he pulled over during a bike ride, put his hand into the water, and touched a section of the pool liner that had already come loose. A National Park Police officer ordered him to remove his hand, leading to his detention.
Despite the initial detention, a grand jury indicted Hearn on a felony count of destruction of government property on July 2. MS NOW noted that while several individuals were charged with misdemeanors related to the pool, Hearn was singled out as the only person to face a felony charge. He pleaded not guilty.
Internal Documents Challenge the Prosecution's Case
The prosecution’s case unraveled over the summer as internal documents surfaced. MS NOW reported that records show the Justice Department received a damage assessment from the Interior Department on July 1—just one day before seeking the grand jury indictment—documenting pervasive damage throughout the pool as early as June 8, well before Hearn biked to the site. Additional emails from a National Park Service engineer on June 11 warned that perimeter overspray made the coating vulnerable to peeling.
U.S. Attorney for the District of Columbia Jeanine Pirro initially announced the felony charges in a press conference, claiming Hearn forcefully and violently vandalized the pool and that prosecutors had proof beyond a reasonable doubt. However, by July 31, Pirro’s office moved to dismiss the charges against Hearn. Pirro stated that evidence surfaced that renovations to the pool had caused the damage. ABC News noted that President Donald Trump had publicly insisted the damage was the work of vandals cutting the liner with a knife or box-cutter, and subsequently criticized Pirro for dropping the case, saying she choked.
Permanent Dismissal and Demands for Accountability
On Oct. 1, D.C. Superior Court Judge Todd Edelman dismissed the case with prejudice, ruling that it cannot be refiled. Judge Edelman wrote in his opinion that allowing future prosecution would expose Hearn to the risk of being charged again due to pressure from the president, which appeared motivated at least in part by Hearn’s political views.
Following the permanent dismissal, Hearn told ABC News that the ruling represents a victory for democracy and expressed relief that the ordeal is over. Speaking on “Good Morning America,” Hearn remarked that if such an abuse of power could happen to him, it could happen to anyone, adding that he believes President Trump and Pirro owe him an apology. When asked if he expected an apology, Hearn replied, “If pigs fly, maybe.”
In their letter to the inspectors general, Hearn’s attorneys argue that the case was pushed forward with unusual haste, shaped by political pressure, and built on an inadequate investigation despite exculpatory evidence resting in the government’s hands. Norm Eisen, one of Hearn’s attorneys, told ABC News that they are actively considering their options regarding potential legal action against the administration, emphasizing that nothing is off the table.