The Justice Division moved to dismiss the criminal case towards Olympian David Hearn, who was alleged to have vandalized the Lincoln Memorial Reflecting pool, acknowledging the harm to the pool “was the results of flawed set up by the contractor.”
Hearn pleaded not responsible to a felony destruction of property cost earlier this month after the U.S. Lawyer for the District of Columbia Jeanine Pirro accused him of allegedly “forcefully and violently” ripping up components of the pool flooring.
Pirro’s workplace mentioned in a submitting Friday in search of to drop the case that it solely discovered of proof pointing to “a rushed and flawed set up course of” after Hearn had been indicted by a grand jury.
The drained Reflecting Pool and Lincoln Memorial are seen on the Nationwide Mall on July 22, 2026, in Washington, DC.
Finn Gomez/Getty Photos
The submitting acknowledged Pirro herself visited the Reflecting Pool on July 17 after it had been totally drained and have become conscious of great harm all through the pool space, which spurred the DOJ to request all paperwork from the U.S. Inside Division about how the pool was lined.
These paperwork indicated a flawed set up by the contractor, Atlantic Industrial Coatings, “with repeated failures of the liner throughout the set up course of, and intensive peeling of the liner all through the Reflecting Pool” and a rush to finish the renovation mission earlier than the America 250 celebration on July 4, in line with the submitting.
U.S. Lawyer for the District of Columbia Jeanine Pirro speaks throughout a press convention on the U.S. Lawyer’s Workplace for the District of Columbia on July 2, 2026, in Washington, D.C.
Anna Moneymaker/Getty Photos, FILE
“As a result of these recently-produced supplies considerably undermine the evidentiary foundation for the indictment initially equipped by the DOI and U.S. Park Police, the USAO-DC respectively strikes to dismiss the indictment with out prejudice,” the court docket submitting mentioned, that means the case may very well be introduced once more.
The submitting consists of an electronic mail despatched on June 11 by a Nationwide Park Service engineer to others within the Division of the Inside describing their “concern” that overspray of the brand new pool coating alongside the perimeter of the pool may result in a one-to-two-foot strip “that’s weak to peeling.”
That was the realm alongside the perimeter that Hearn was alleged to have pulled up, in line with the submitting.
At a information convention on July 2 saying Hearn’s indictment, Pirro informed reporters that the “the proof exhibits and we are going to show past an affordable doubt that Hearn willfully destroyed property on the Lincoln Memorial Reflecting Pool,” and he or she mentioned the proof confirmed that Hearn was noticed “forcefully and violently” eradicating liner materials from the underside of the pool.
A peeling part of blue coating is seen within the Lincoln Memorial Reflecting Pool, Saturday, June 20, 2026, in Washington.
Mark Schiefelbein/AP Photograph, FILE
The submitting from her workplace on Friday concluded: “Given all of this newly found data, it’s tough to attribute the widespread harm to the Reflecting Pool to vandalism, not to mention to determine that reality past an affordable doubt.”
Attorneys representing Hearn mentioned in a press release Friday that the case towards their shopper ought to by no means have been introduced.
“Its dismissal at present doesn’t erase the abuse of presidency energy in arresting and charging a patriotic American who did nothing improper. The federal government’s strategy was prepared, hearth, intention,” the assertion from attorneys Norm Eisen, Mary Dohrmann and Steve Levin mentioned.
Former U.S. Olympic canoeist David Hearn exits the courthouse following his arraignment on a felony destruction of property cost associated to vandalizing the Lincoln Memorial Reflecting Pool, at DC Superior Court docket in Washington, July 9, 2026.
Elizabeth Frantz/Reuters, FILE
“The administration owes Mr. Hearn an apology,” they added.
The U.S. lawyer’s workplace declined to touch upon the dismissal of fees.
It’s not recognized when the choose will decide on the U.S. lawyer’s movement.
Billed as a signature mission to beautify Washington, D.C. by President Donald Trump, the Lincoln Memorial Reflecting Pool was plagued with algae and peeling paint for the reason that $16 million renovation of the landmark was accomplished.
Trump has repeatedly blamed the problems on vandals, together with one he mentioned used a boxcutter or knife to make a greater than 300-foot gash within the pool.
On the time, 5 individuals had been arrested and 5 others issued federal citations for alleged vandalism on the Reflecting Pool, in line with the Inside Division.
On Saturday, the president chastised Pirro in a social media put up for dropping the fees, although he acknowledged there could have “been some contractor issue” with the mission.
President Donald Trump participates in a cupboard assembly at Camp David in Thurmont, Maryland, July 31, 2026.
Daniel Heuer/Reuters
“I disagree 100% with Jeanine Pirro, the U.S. Lawyer for the District of Columbia, on the Reflecting Pool. I don’t know what she was considering? To me, it was a pure case of VANDALISM,” he wrote.
Secretary of the Inside Doug Burgum on Saturday defended his company and its dealing with of the investigation, alleging that vandals have “repeatedly brought on harm” to the pool.
“We additionally supplied the U.S. Lawyer’s workplace knowledgeable and eyewitness testimony to the harm carried out by vandals and supplied every bit of proof they requested for within the requested time line detailing every space of harm on the pool,” Burgum mentioned in a social media put up.
Atlantic Industrial Coatings was paid greater than $14.6 million to resurface the Lincoln Memorial Reflecting Pool, in line with the newest federal contracting data.
The corporate was awarded the contract after a no-bid course of partly to expedite the mission in time for July 4.
Final month, the corporate acknowledged in a press release that “some areas within the Reflecting Pool” required repairs.
The corporate didn’t instantly reply to a request for remark concerning the DOJ’s conclusions concerning the harm to the pool.
ABC Information’ Peter Charalambous and Emily Change contributed to this report.
