Felony charges against a former Olympian who was accused of damaging the Lincoln Memorial Reflecting Pool were dropped by the Justice Department.
The department moved to dismiss the criminal case — a count of destruction of property — against David Hearn due to evidence that refuted the basis of prosecutors’ argument that vandals were to blame.
Government lawyers contended Friday that the damage was “a result of flawed installation by the contractor.”
“It was not until after these documents were produced that [the U.S. Attorney’s Office for D.C.] first became aware of information showing that the damage was the result of a botched installation and not vandalism as initially represented by DOI,” the filing from U.S. Attorney Jeanine Pirro reads, referring to the Interior Department.
Additional documents provided by the department proved that the flawed installation resulted from “the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”
The filing adds, “Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”
Ms. Pirro asked a judge to dismiss the case, a move that President Trump “100%” disagrees with.
“I don’t know what she was thinking?” he posted to Truth Social. “There may have been some contractor difficulty, but the major damage was caused by VANDALS!”
In mid-June, Mr. Hearn, a canoeist in the Olympics from 1992-2000, stopped at the Reflecting Pool during a bike ride and reached into the water to touch a piece of floating blue coating, he said at the time. He was arrested and detained shortly thereafter.
Ms. Pirro contested that Mr. Hearn was seen “forcefully and violently pulling up and removing the bottom liner.”
He pleaded not guilty in July to a charge that carries a maximum prison sentence of 10 years upon conviction.
Mr. Hearn’s lawyer said the case should never have been brought.
“Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American. The government’s approach was ready, shoot, aim,” defense attorney Steve Levin said in a statement. “The federal government owes Mr. Hearn an apology.”
Three other people were also involved in the pool’s problems, each pleading not guilty to lesser misdemeanor charges. Federal prosecutors have moved to drop charges against at least one of the three.
Before the trouble, Mr. Trump announced efforts to reseal the basin and paint it “American flag blue” ahead of the nation’s 250th anniversary.
The contract, however, was reportedly awarded quickly to a single company without standard competitive bidding.
Subsequent issues led to algae growth and peeling material. Shallow water and summer sun caused a rapid green algae bloom shortly after refilling, and the blue coating lifted and separated along large seams and edges.
The administration initially blamed vandals for cutting the floor before acknowledging the application was faulty. Now officials have confirmed that the algae and peeling blue liner resulted from flawed installation rather than sabotage.
