'Profoundly unsettling': Ex-Olympian could sue after Reflecting Pool charges dropped

Former Olympian David "Davey" Hearn could sue the federal government as prosecutors drop felony charges that he damaged the Reflecting Pool. His attorney spoke with News4's Mark Segraves about what's next and how Hearn is doing.

An attorney on his legal team spoke with News4 on Monday, after federal prosecutors announced they're dropping charges against him.

"All options are on the table. For now, we're focused on getting the case dismissed," said Norman Eisen, chairman of the Democracy Defenders Fund. "The counsel team is actively discussing what, if any, next steps will follow that.

After more than $14 million was spent to change the color of the Reflecting Pool, the new liner began peeling off. President Donald Trump blamed vandals, and four people were arrested, including Hearn, a three-time Olympic athlete who was the only person charged with a felony.

Hearn has insisted upon his innocence since the day he was arrested. He said he was riding his bike in June when he touched a piece of the coating that already was detached.

At the time of his indictment, U.S. Attorney for D.C. Jeanine Pirro said in no uncertain terms that Hearn was a vandal. "He damaged the pool," she said.

On Friday, her office filed a motion with the court seeking to dismiss the charges, writing that the damage was not caused by Hearn and others but instead was "a result of flawed installation by the contractor." Prosecutors wrote that the Department of Interior had not told them about the issues with the installation.

Eisen said he finds that hard to believe. "It is very hard to accept that they didn't know about it until the Interior Department told them more recently," he said.

On social media, Trump slammed Pirro's decision and maintained that "the major damage was caused by VANDALS!"

News4 asked Eisen how Hearn is doing and whether he has been subjected to any adverse attention, including threats. "There'll be a time and a place to discuss what the experience has been like for him. It has been difficult, as you can imagine, but he's keeping his attitude of fighting back strong," he said.

"As you can imagine, when the most powerful people in the world say you could be going to prison for up to 10 years, make false claims about you, that's profoundly unsettling," Eisen said. "But Davey Hearn is a three-time Olympian, multiple times world champion and canoeist. And he is maintaining a fighting attitude. What other choice does he have? He cares about this case obviously for himself, but it's of the utmost importance to our democracy to fight back when innocent people are targeted by the regime. So, his attitude is to continue fighting for justice."

Hearn is due back in court Thursday, when the judge is expected to rule on the prosecution's motion to dismiss.

Court records show two other cases on Reflecting Pool damage also were dismissed.

CORRECTION (6:33 p.m., Aug. 3, 2026): A previous version of this article said Hearn is due in court Tuesday, Aug. 4. His next court date is Thursday, Aug. 6.