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NCAA rocked by Colorado judge's 2022 class eligibility ruling that could reshape college sports this year
The NCAA took a massive hit to its new five-and-five eligibility rule that was implemented earlier this month, thanks to a District Court judge in Colorado.
Over the past number of weeks, a plethora of lawsuits have been filed by athletes across the country who were part of the 2022 class that entered college that say the newly introduced rule by the NCAA infringes on their rights to make a living through NIL and have an additional year of eligibility.
The arguments made in court centered on the idea that players who completed their fourth year of eligibility and would have been ineligible under the previous rule should have been grandfathered in because of how the entire process unfolded this summer.
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After exhausting their fourth and final season (under previous rule), their time in college would have been completed.
This was essentially how lawyers were attacking the NCAA in a court of law, arguing that if the new five-and-five rule was being implemented, then athletes who exhausted their clock this past season under the old rule should be granted the same rights that players under the new guidelines would be entitled to.
Well, Judge Charlotte Sweeney of the U.S. District Court of Colorado has granted a preliminary injunction that is class-wide and orders the NCAA to create a blanket waiver that grants all athletes an additional year of eligibility for the upcoming year.
"All persons in the United States who began to play in collegiate sports in the 2022–2023 season, competed in NCAA Division I sports, and completed four years of eligibility as defined by the NCAA’s prior rules by the conclusion of the 2025–2026 season, and are therefore barred from playing a fifth season due to the NCAA’s adoption and immediate implementation of the Five-Year Eligibility Rule," Judge Sweeney said in her order on Friday.
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A number of notable names in college basketball filed lawsuits against the NCAA, which included a suit that involved more than 50 different plaintiffs filed on Friday. Now, as those cases continue to play out in a court of law, one judge has ordered that all athletes hoping for an additional year are granted that right.
It should be noted that the NCAA could file an appeal in the Tenth Circuit court, which I imagine they already have prepared. But, the question now looms as to whether the NCAA should just grant a blanket waiver to all athletes, no matter the sport, that will keep the organization out of a courtroom.
Other questions have already arisen across college athletics.
How would this pertain to college football and basketball players who went undrafted over the past five months, and were now looking for an avenue back to school for an additional season if they fall under this rule?
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Multiple staffers have indicated to OutKick-Fox News that this question is currently being discussed among compliance departments across college campuses. Also, what does a school do about roster spots.
In reality, most college football and basketball rosters are filled up, but that doesn’t mean a staff couldn’t figure out a way to work the numbers. But, to do that would take finagling, given that we also don't know what the NCAA is going to do in this instance.
Just this week, the NCAA upheld a two-game suspension for Tennessee linebacker Arion Carter. The Vols football player declared for the NFL Draft following the 2025 season, only to suffer an injury just weeks later that forced him to make a tough decision about his future.
Carter decided that since he could not train for the draft, and would obviously tumble during the NFL process, he would return to college for one more season. But, according to antiquated NCAA rules, since he declared, hired an agent and accepted a $427 plane ticket to attend a training session, he was ineligible.
In the aftermath, Tennessee appealed the initial three-game suspension by the NCAA, and had it reduced to two games. But, this was obviously a unique case that could be studied by athletic departments in the coming days.
As for what happens next, it will be interesting to see how the NCAA responds. Initiate a blanket waiver or continue fighting athletes in courtrooms across the country?
We're about to find out.
New York nuns will not be forced to comply with assisted-suicide law while case progresses
A federal judge ruled this week that orders of nuns will not be forced by local state law to recommend medically assisted suicide to their patients while the case is pending in court.
Four orders of Catholic nuns and several Catholic healthcare ministries sued the state of New York in late June regarding a new law that would force them to help terminally ill patients kill themselves, a severe violation of their Catholic faith.
"Forcing Catholic nuns to participate in suicide — and robbing New Yorkers of the choice to receive faithful, life-affirming care— is both unlawful and unjust," Mark Rienzi, president of Becket and lead attorney for the healthcare ministries, said in a statement. "This agreement protects the sisters and those they care for while we fight to end New York’s suicide mandate for good."
Becket successfully appealed to a federal court to block the law before it took effect on August 5.
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The law firm summarized how dire the circumstances are in a press release on its website.
"Beginning August 5, any healthcare provider who declines to prescribe suicide pills could still have to tell terminally ill patients about their ‘right’ to kill themselves, help them meet the requirements for obtaining suicide pills, and direct them to a provider willing to prescribe the lethal drugs," the statement read.
"Refusal invites significant fines, license revocation, or even time behind bars," it continued. "Federal law forbids New York from discriminating against healthcare providers who object to assisted suicide, but New York has done so anyway."
When reached for further comment, the law firm shared multiple statements about the ongoing case from Catholic Church leaders.
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Mother Mary Rose Heery, O. Carm., Prioress General of the Carmelite Sisters for the Aged and Infirm replied, "Families entrust their loved ones to us because they know our homes will be places of tenderness, dignity, and faithful care. We are grateful that we can continue honoring that trust and remain beside every resident until the very end."
Sister Justyna Owsiejko, O.S.B., of the Missionary Sisters of St. Benedict replied, "Our home exists so that elderly people can spend their final days surrounded by peace, prayer, and the Sisters who love them. For now, they can rest assured that assisted suicide will not be forced into the sanctuary they call home."
Bishop John O. Barres, Bishop of the Diocese of Rockville Centre, New York replied, "This agreement is an important first step towards protecting religious freedom. New York cannot force the Church to answer suffering with suicide or abandon the sick and dying when they need care most."
"Until our legal fight is resolved, this temporary agreement keeps our ministries free to serve every patient according to the Gospel," the bishop added. "We continue to proclaim that every human life is sacred and worthy of love until its natural end."
Liberal podcaster says he was 'doxed' by Mamdani's 'wanted poster' of property owners
Prominent liberal podcaster and NYU professor Scott Galloway called out New York City Mayor Zohran Mamdani’s publicly accessible database, saying it endangers landowners like himself.
Mayor Zohran Mamdani opened a new front in his ongoing battle with New York City's wealthy after his administration published a searchable database identifying affluent property owners who could be subject to the city's proposed pied-à-terre tax, a move critics say could expose them to harassment and public safety risks.
The database, released by the city's Department of Finance, allows users to search properties and view the names and addresses of owners whose non-primary residences could be subject to the proposed tax. A spokesperson for the department said publication of the property roll was required by state law.
Galloway was one of the database’s latest critics, calling it out on the latest episode of the "Pivot" podcast with co-host Kara Swisher, as reported by New York Magazine’s Intelligencer.
"I’ve been doxed," the liberal professor announced on the podcast. "I don’t know if you’ve heard, but Mayor Mamdani has decided to release a list of the 950,000 residences with addresses and names that might be eligible for his pied-à-terre tax."
"I don’t love this," co-host Kara Swisher agreed. "I can’t say I love this. It feels a little bit like doxing. Just tax them and get on with it is my feeling."
Galloway proceeded to read out the definition of doxing as "’publishing private identifying information to expose someone to public pressure or harm without their consent,’" and said that while he is a fan of the tax, he is not a fan of how the list has become a "wanted poster" for property owners.
"He’s taken a legitimate source of tax revenue, and he’s turning it into a wanted poster," he said of Mamdani’s tax list. "The question I would have is, other than trying to identify and imply these people have done something wrong — and then, 18 months after a healthcare CEO was executed in the street, published the list — what is the upside here? Why is he doing this?"
After also addressing Mamdani's comments about arresting Israeli Prime Minister Benjamin Netanyahu, Galloway lamented that the New York City mayor was vindicating conservatives’ worst fears.
"He’s not only playing into the worst fears about him, but he’s making it harder for all progressives," he said. "I believe in a progressive tax structure. I believe we should raise tax rates. The Republicans, in order to create deficits and continue to transfer money from the poor to the rich, they argue that progressive tax structures are persecution. This plays exactly into that entire narrative."
"He’s implying we’ve done something wrong because we’re successful," Galloway later added. "New York is the last place you want to demonize success."
Galloway went on to argue that it goes against the very appeal of New York.
"The reason people move to New York is they think, ‘I want to be successful on Broadway. I want to be successful in business. I want to be successful in the arts. No one’s going to get in my f---ing way if I’m really talented and work hard,’" he said. "We’re going to celebrate it. We’re not going to put a big R on your door and say you’ve done something wrong because you’re successful."
One key quality Galloway noted was that "Ninety-five percent of the people on the list supposedly aren’t going to be subject to the tax. Other than implying these people have done something wrong and publishing their address without their permission, without their consent, what possible upside is there from publishing this list?"
Fox News Digital reached out to Galloway for additional comment but did not immediately receive a response.
When contacted for comment, the Real Estate Board of New York (REBNY) President James Whelan told Fox News Digital, "We opposed this tax in part because we warned that determining who is and is not subject to it would be extraordinarily complicated. The fact that so many owners appear to be receiving inaccurate notices raises serious questions about the City's readiness to administer the program. Even we did not expect implementation to be this flawed."
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Mamdani's office told Fox News Digital, "It is very important to note that the City publishes property tax rolls (as do other localities) and have for many years," and pointed to remarks the mayor made at a recent press conference addressing concerns.
"So, I just want to — for the sake of clarity — establish a few things," the mayor said. "The first is, and the reason for establishing this is some of them have been conflated. The first is that, just like localities from Nassau to Albany, we publish property tax rolls in accordance with the law, as the city has done twice a year for years, frankly, if not decades and centuries."
"And the tax property role that was posted last week is a reflection of all properties across New York City, not a reflection of those specifically that the pied-à-terre tax will be levied upon," Mamdani continued. "And that is an important distinction because as you've heard from the commissioner, the pied-à-terre tax is something that will be levied upon non-primary residences that are worth more than $5 million."
"When it comes to the recently passed law, there was a requirement to publish this role once again before the implementation of this surcharge," he added.
A city official noted further that state law mandates they "publish a roll of every property parcel that is subject to NYC property taxes - with ownership name, assessment, and how much taxes will be. This is not new."
"The roll is not a pied-a-terre list," the official continued. "It is a state mandated roll that has to be generated to be used as a pool/universe that DOF will examine to identify which properties are subject to a surcharge. This is separate from the 17,000 individuals who received the ‘you may be subject to...’ letter letting them know that they may be potentially subject to the second home surcharge."
"The same type of citywide property tax rolls has been published publicly on an annual basis for decades in adherence to New York State laws," the official added. "Any new type of surcharge or property taxes have gone through the same process: State passes a bill, a roll is published, and DOF uses the roll to identify the appropriate properties to levy based on parameters legally set by the State. People can search for property and property tax records by name, BBL, and address on ACRIS already."
The official also noted that Gov. Kathy Hochul stated that this is not new and highlighted a Bloomberg reporter's tweet saying "The data included in this release is regularly released as part of the city’s property tax assessment roll. It’s a huge data file that anyone can search if they have the bandwidth to download it and look. It’s not new."
The official went on to cite numerous tax rolls in other cities, including Nassau, Buffalo and Rochester, saying they have similar publicly available information.
Cam Skattebo's backflipping at Fanatics Fest reportedly earned him a talking-to from Giants
You may recall that Fanatics Fest took place a couple of weeks ago, creating an avalanche of what we in the biz call "content," with pretty much every big name in sports, entertainment and sports entertainment under one roof.
However, there may have been no story with as many legs — pun intended — as the backflip heard 'round the world from New York Giants running back Cam Skattebo.
And it reportedly got him a bit of a talking-to from some of the Giants' top brass.
Skattebo is back in action this training camp after suffering a massive leg injury last season.
Of course, that's why watching him not just try a backflip but wrench his knee while going down had some Giants fans worried.
Head coach John Harbaugh commented a few days later that his second-year running back could've "at least stuck the landing," but a report claims that was not the end of the discussions surrounding Backflipgate.
According to ESPN's Jordan Raanan, Harbaugh and GM Joe Schoen talked to Skattebo about sidelining his backflip habit, which he also busted out at a charity softball game in May.
I'm sure there have been many, many talks like this in the National Football League. A coach and a GM going to a player and saying, "Hey, this part of your behavior needs to change for the good of the organization."
But has it ever centered on backflips?
There's no way, right?
Every other form of self-destructive behavior you can think of has probably come up at some point, but never before have adults had to tell another adult, "Hey, you know those backflips you do? No, we agree, they are very badass — we're just going to need you to curtail them for a bit."
Something tells me this talk won't take, and I wouldn't be shocked to see some Skattebo flips in the end zone this season.
Former Latvian 'Dancing with the Stars' contestant arrested by ICE after violent criminal history revealed
U.S. Immigration and Customs Enforcement (ICE) has arrested a former contestant on Latvia's version of "Dancing with the Stars" who authorities say overstayed his visa and has a criminal history that includes aggravated assault with a gun, sexual battery and drug-related offenses.
ICE announced Friday that agents arrested Roberts Nemiro, a Latvian national, in San Francisco on Tuesday after a referral from U.S. Citizenship and Immigration Services. According to the Department of Homeland Security (DHS), Nemiro is in removal proceedings after remaining in the United States beyond the expiration of his visa.
Nemiro appeared on "Dejo ar zvaigzni!," the Latvian adaptation of the British television series "Strictly Come Dancing," better known in the U.S. as "Dancing with the Stars."
According to DHS, Nemiro entered the United States on a visa in October 2011 but remained in the country after it expired in August 2012. The agency said his criminal history includes convictions for aggravated assault of a non-family member with a gun and disorderly conduct.
DHS also said he has been arrested on charges of battery, sexual battery, possession of a controlled substance and possession of drug paraphernalia.
"This illegal alien from Latvia may have once had a career as a professional dancer on TV, but has turned into a career criminal with a rap sheet that includes aggravated assault with a gun, sexual battery, and drug possession," DHS Assistant Secretary Lauren Bis said in a statement.
"Despite California being a sanctuary state, ICE was able to arrest this criminal and get him off our streets, and he will soon be deported from our country. ICE is bringing the curtain down on his illegal stay and crime spree here in the U.S.," Bis added.
The arrest comes as the Trump administration continues to highlight immigration enforcement efforts involving noncitizens accused or convicted of violent crimes while criticizing California's sanctuary policies.
In Friday's release, DHS cited several recent cases involving illegal immigrants arrested or sought by ICE in California and argued that the state's sanctuary policies have hindered federal immigration enforcement.
A representative for ICE did not immediately respond to Fox News Digital's request for additional information.
Pro Bowl offensive lineman Andrus Peat announces his retirement from the NFL at 32
Pro Bowl offensive lineman Andrus Peat announced his retirement in a social media post Friday.
Peat, 32, played in the NFL for 11 seasons after being selected with the No. 13 overall pick in the 2015 NFL Draft out of Stanford by the New Orleans Saints.
"11 years in the league, I gave it everything I had. I may be walking away from football, but not from the lessons it taught me. Thank you to my coaches, teammates, and especially my brothers in the trenches. I’m grateful beyond words that I was able to live out this dream," Peat wrote in his caption on Instagram.
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"On to the next chapter with my wife and sons. All glory to God!"
Peat spent the first nine seasons of his career with the Saints, primarily as their starting left guard. He made the Pro Bowl in three consecutive seasons, from 2018 to 2020.
Peat was a key part of the Saints' offensive line when the team won four straight NFC South titles from 2017 to 2020.
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Peat left the Saints following the 2023 season and joined the Las Vegas Raiders as veteran depth on the offensive line. He played in 15 games with the Raiders, starting just one.
After one season with the Raiders, he joined the Pittsburgh Steelers in a similar backup role, appearing in six games and starting three.
Peat’s wife, Ashley, posted a touching comment under his post.
"We are SO proud of you baby!!!! Thank you for everything you sacrificed and worked so hard to provide for us all these years. Can’t wait to enjoy this next chapter with you," she wrote with three heart emojis.
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ICE lodges detainer on Salvadoran national, 18, accused of 2 fatal shootings in Houston
The U.S. Department of Homeland Security on Friday said Immigration and Customs Enforcement (ICE) had lodged a detainer asking Texas to not release an El Salvadoran national, who is accused of murder in two fatal shootings and is in the country illegally, without notifying the agency.
Jefferson Adonay Velasquez-Torres, 18, was charged this week with murder for an April 27 shooting outside a Houston nightclub in which Noah Ramirez, 27, died.
Two others were injured in the shooting, according to a report from affiliate FOX 26 Houston.
Velasquez-Torres was previously charged in June with murder for his alleged involvement in a shooting at a Houston house party last August that left Angel Garcia, 17, dead.
A second suspect, Enrique Aguilar, 19, was also arrested in connection with Garcia’s death, FOX 26 reported.
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Velasquez-Torres also faces charges of unlawfully carrying a weapon and aggravated robbery.
The 18-year-old came into the U.S. illegally as a minor in 2014 during former President Barack Obama’s second term and was released into the country.
"This criminal illegal alien has been charged with TWO counts of murder after two fatal shootings in Houston," Homeland Security Assistant Secretary Lauren Bis said in a statement.
She continued, "He would not be in our country if it weren’t for the reckless open-border policies of the Obama Administration. ICE asked officials in Texas to not release this heinous murderer from jail without notifying ICE. Thankfully, Texas cooperates with us and together we will ensure this public safety threat will never be loose on our streets."
Velasquez-Torres is being held in the Harry County Jail after being denied bond for charges related to the second shooting.
Socialist frontrunner in the hot seat after 'Cancel Thanksgiving' post emerges online
Francesca Hong, the likely Democratic nominee for governor in Wisconsin backed by the Democratic Socialists of America, once argued that Americans should not celebrate Thanksgiving.
"Cancel Thanksgiving. Should have done this in 1621," Hong wrote in a now-deleted post to X.
"If it takes a worldwide pandemic for us to realize we should stop celebrating colonialism and the original superspreader event that killed indigenous folx [sic] and women, so be it," she added, referring to the spread of smallpox that killed many indigenous Americans.
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The post, which was originally made in November 2020, sheds more light on Hong’s progressive thinking as she emerges as a frontrunner in the Wisconsin gubernatorial contest and drew mockery online.
"'Folx,'" Stephen Miller, a conservative podcaster, posted to X, noting the term used to signal inclusivity of LGBTQ+ and other marginalized groups.
"Francesca Hong is all but certain to be the Democratic nominee for governor of Wisconsin. She also wants to 'Cancel Thanksgiving,' according to a since-deleted tweet. What is going on in Wisconsin??" another observer wrote.
Hong has leaned into her socialist record in her campaign, describing it as ensuring that "working-class people have their fair share."
Hong shares policy positions with other notable progressives like New York Mayor Zohran Mamdani, another self-proclaimed socialist. Among other platform positions, Hong is championing race-based grants for social workers, publicly funded grocery stores and a state-run bank.
The stances seem to have paid off as Hong has gained momentum in recent months, and, with under two weeks to go until the primary, looks poised to capture the Democratic nomination.
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Hong also started getting mocked Friday for a resurfaced 2019 post where she said, "I ate two bites of my kid's cheeseburger at a Culver's in black river falls and told him they ran out of ice cream. Mostly just wanted to leave bc I was on the verge of a anxiety attack...to (sic) many old white people who didn't think we spoke english."
"Omg English ***TOO **AN," she replied.
"Bold choice for Democrats in Wisconsin running someone statewide who gets a panic attack at Culver's at the sight of ‘old white people,’" Former White House Principal Deputy Communications Director Alex Pfeiffer wrote on X.
"The only way this post could be worse for someone running for office in Wisconsin is if she had complained that Culver's uses too much butter," Chuck Ross, an investigative reporter at the Washington Free Beacon, wrote on X.
"One of the democrats running for Governor of Wisconsin doesn't know that Culver's serves only fresh frozen custard. She thinks they serve ice cream. Disqualifying," Brick Suit, an online MAGA personality, wrote on X.
The race was shaken up on Thursday when Mandela Barnes, the state’s former lieutenant governor, dropped out of the race. Barnes was considered a frontrunner in the race because of his proximity to outgoing Gov. Tony Evers and his name recognition.
His exit also coincides with rumblings that Barnes may have abused his position in the past to make sexual advances toward women in the workplace, an allegation currently under investigation by The Milwaukee Journal Sentinel.
With his departure, Hong and Milwaukee County Executive David Crowley were left as the two main contenders.
Hong has received backing from a number of nationally recognized progressives, including Rep. Ilhan Omar, D-Minn., and Rep. Ro Khanna, D-Calif. She has raised nearly $709,000 as of late June, according to state records.
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By comparison, Crowley has secured $250,000 and enjoys the support of a number of local organizations and figures.
Gov. Evers has endorsed Crowley , citing his experience.The gubernatorial primary will take place Aug. 11.
Fox News Digital has reached out to Hong's campaign for comment.
'Jeopardy!' host Ken Jennings infuriates trans activists with sarcastic joke over NY Times games boycott
"Jeopardy!" host Ken Jennings sparked online debate Thursday after using sarcasm to dismiss calls from transgender activists to boycott The New York Times' word games.
Jennings sarcastically claimed he received "express permission from the trans community" to keep his games subscription, taking aim at demands that readers boycott all New York Times products. The joke has since sparked pushback from transgender activists online, who accused him of trivializing their concerns.
The exchange began on the social media platform Bluesky, where Jennings posted screenshots of the New York Times' game Spelling Bee. He wrote, "My wife and I have a game where we try to invent the day’s grossest-sounding word on NYT Spelling Bee."
In response, a user on the platform reposted his comment, saying, "I wish people who care about trans people could understand that playing nyt games is still an insult to trans people."
In response to the user's comment, Jennings replied, "This may be true of others but I actually got express permission from the trans community to keep NYT games and recipes. I also have a news subscription, which is arguably worse, so I had to specifically send in a written request. Took 30 days but I got approved."
Jennings added, "They were like ‘Trans people are not a monolith’ and ‘Like-minded allies may disagree on specific media boycotts’ and stuff like that. It was a huge load off my mind!"
The user responded, "I was being sincere and serious, but thanks for turning it into a joke. that feels great." On Friday, the user noted that Jennings had not contacted them since and made "no effort to apologize or acknowledge that he was an a--hole about trans people. No lessons learned it seems. I was really hoping for some sign he understood why people are so upset."
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In the replies, some Bluesky commenters told Jennings to "read the f---ing room" and called his response "dismissive." Others commented on his original post and questioned whether he was going to apologize for the comment.
Journalist and "Blocked and Reported" podcast co-host Jesse Singal, who often reports on internet culture, told Fox News Digital that the outrage reflects the platform itself rather than everyday sentiment.
"I'm guessing the average trans person is orders of magnitude more likely to play NYT games than to get mad at others for doing so," he said. "Bluesky, like all hyperpartisan social-media platforms, has a tendency to concentrate users with extremely strong and rigid views in the same place, at which point certain ugly pressure-cooker dynamics set in, causing normies to flee for their sanity and leaving behind a group of addled internet-radicals engaged in a desperate game of rhetorical oneupmanship (there are no winners),"
"You see a similar dynamic among certain right-wingers on X, in fact, where the craziest stuff naturally centers not on left-coded concerns like trans rights but on right-coded ones like immigration," Singal added.
For several years, transgender activists have spoken out against The New York Times over what they’ve described as anti-trans coverage, arguing that web traffic and subscriptions to products like its games financially support the outlet.
In 2023, hundreds of New York Times contributors, along with thousands of subscribers, signed an open letter to the paper condemning its coverage of transgender issues. The LGBTQ+ advocacy group GLAAD also sent a letter, calling out "irresponsible, biased coverage of transgender people."
Jennings has previously voiced support for transgender rights, even taking to Bluesky in July 2025 to call out California Gov. Gavin Newsom’s stance on transgender youth, after Newsom stated he did not think it was fair for transgender athletes to compete in girls’ sports.
Responding to a user who said he would "never, ever" vote for Newsom, Jennings wrote, "This is correct. Any candidate cynically 'triangulating' on trans kids is a non-starter, and now is the time to say so. There’s still so much time to advance candidates that DON’T suck."
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Fox News Digital reached out to Jennings for comment but did not immediately receive a response.
Prosecutors move to dismiss felony vandalism case against Olympian David Hearn over Reflecting Pool
Federal prosecutors moved Friday to dismiss a felony vandalism case against former U.S. Olympian David Hearn, after he was accused of vandalizing the Reflecting Pool in Washington, D.C., as seen in a court filing obtained by Fox News Digital.
Hearn was indicted July 2 on one count of felony destruction of property. U.S. Park Police alleged Hearn grabbed and tugged at a loose section of the pool’s coating on June 19, continuing after a National Park Service employee told him to stop. Officials initially claimed he caused more than $1,000 in damage.
However, U.S. Attorney Jeanine Pirro’s office said the Department of the Interior initially provided prosecutors with "barebones" reports and failed to disclose records documenting extensive problems with the coating’s installation.
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"Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment," prosecutors wrote.
"It was not until after the return of the indictment, that the DOI provided additional documents to the USAO-DC indicating that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor, Atlantic Industrial Coatings (‘AIC’), and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026."
The DOJ said the new evidence made it difficult to prove beyond a reasonable doubt that Hearn caused the damage. Prosecutors asked the court to dismiss the indictment without prejudice, which would leave open the possibility of bringing the charge again.
Hearn has previously beaten federal charges.
Hearn was arrested by the U.S. Park Police nearly 30 years ago and ended up beating the charges, according to a 1996 Washington Post article.
That year, the Potomac River turned violent, as intense, heavy rains pushed the water to a terrifying, near-record flood level of 60,000 cubic feet per second.
Authorities immediately issued an emergency river closure. But Hearn took his whitewater canoe straight into the raging rapids, where officers later swooped in and arrested him.
He was charged with failing to obey a lawful order. But Hearn fought the case in court and won on a stunning technicality. But a federal judge dismissed the charges, ruling the Potomac River is controlled by the state of Maryland, meaning the federal Park Police had zero jurisdiction over the water.
Hearn's arrest became a viral sensation after it was captured by journalist Emily Miller. Miller filmed a two-minute video of Hearn being detained, which quickly went viral on X.
Miller accused Hearn of grabbing a hose that female National Park Service workers were using to clear the algae. Hearn denied the accusation, though he admitted his bike tire might have bumped it.
Hearn’s attorneys are demanding an apology on behalf of the Olympian.
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"The Trump administration’s case against Davey Hearn should never have been brought. Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology," said Hearn’s attorneys Norm Eisen, Mary Dohrmann and Steve Levin in a statement, per The New York Post.
Fox News Digital has reached out to the DOI for comment.