A Washington judge is expected to soon decide whether to dismiss with prejudice the indictment against former U.S. Olympic canoeist David Hearn, who was charged with vandalizing the Lincoln Memorial Reflecting Pool. A dismissal with prejudice would prevent prosecutors from bringing the same charges against Hearn again. The case has attracted significant attention, partly due to former President Donald Trump's outspoken support for the prosecution, despite recent developments undermining the charges.

Prosecutors recently requested the indictment be dismissed without prejudice, which would allow them to refile charges if new evidence emerges. Assistant U.S. Attorney Michael Spence argued that the public interest favors keeping the door open for potential further investigation. However, Hearn’s attorney, Steve Levin, contended that the case is baseless and keeping the charges pending is unfair and unnecessary, accusing the prosecution of acting in bad faith.

The controversy escalated when the Department of the Interior reported that damage to the pool’s liner was caused by a flawed installation, not Hearn’s actions. After initially charging Hearn with destruction of property for allegedly tearing a piece of the liner on June 19, prosecutors acknowledged there was no economic harm caused by Hearn. This revelation led U.S. Attorney Jeanine Pirro to request dismissal of the indictment, prompting Trump to publicly criticize her decision, insisting the case was clear-cut vandalism.

During Friday’s hearing, Judge Todd Edelman questioned the speedy indictment amid missing key information and highlighted Trump’s comments urging prosecution despite a lack of evidence. The judge indicated he would issue a swift ruling on whether to dismiss the charges permanently. Hearn, expressing gratitude for public support, framed the matter as a broader defense of democracy rather than a personal legal battle.