DOJ dropping Reflecting Pool vandalism case against Olympian David Hearn, citing 'flawed' work by contractor - ABC News
By: Ivan Pereira, Jack Date, and Luke Barr (ABC News)
S E E D E D C O N T E N T
The Justice Department moved to dismiss the criminal case against Olympian David Hearn, who was alleged to have vandalized the Lincoln Memorial Reflecting pool, acknowledging the damage to the pool "was the result of flawed installation by the contractor."
Hearn pleaded not guilty to a felony destruction of property charge earlier this month after the U.S. Attorney for the District of Columbia Jeanine Pirro accused him of allegedly "forcefully and violently" ripping up parts of the pool floor.
Pirro's office said in a filing Friday seeking to drop the case that it only learned of evidence pointing to "a rushed and flawed installation process" after Hearn had been indicted by a grand jury.
The drained Reflecting Pool and Lincoln Memorial are seen on the National Mall on July 22, 2026, in Washington, DC.Finn Gomez/Getty Images
The filing stated Pirro herself visited the Reflecting Pool on July 17 after it had been fully drained and became aware of significant damage throughout the pool area, which spurred the DOJ to request all documents from the U.S. Interior Department about how the pool was lined.
Those documents indicated a flawed installation by the contractor, Atlantic Industrial Coatings, "with repeated failures of the lining during the installation process, and extensive peeling of the lining throughout the Reflecting Pool" and a rush to complete the renovation project before the America 250 celebration on July 4, according to the filing.
U.S. Attorney for the District of Columbia Jeanine Pirro speaks during a press conference at the U.S. Attorney's Office for the District of Columbia on July 2, 2026, in Washington, D.C.Anna Moneymaker/Getty Images, FILE
"Because these recently-produced materials significantly undermine the evidentiary basis for the indictment initially supplied by the DOI and U.S. Park Police, the USAO-DC respectively moves to dismiss the indictment without prejudice," the court filing said, meaning the case could be brought again.
The filing includes an email sent on June 11 by a National Park Service engineer to others in the Department of the Interior describing their "concern" that overspray of the new pool coating along the perimeter of the pool could lead to a one-to-two-foot strip "that is vulnerable to peeling."
That was the area along the perimeter that Hearn was alleged to have pulled up, according to the filing.
At a news conference on July 2 announcing Hearn's indictment, Pirro told reporters that the "the evidence shows and we will prove beyond a reasonable doubt that Hearn willfully destroyed property at the Lincoln Memorial Reflecting Pool," and she said the evidence showed that Hearn was observed "forcefully and violently" removing liner material from the bottom of the pool.
A peeling section of blue coating is seen in the Lincoln Memorial Reflecting Pool, Saturday, June 20, 2026, in Washington.Mark Schiefelbein/AP Photo, FILE
The filing from her office on Friday concluded: "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."
Attorneys representing Hearn said in a statement Friday that the case against their client should never have been brought.
Former U.S. Olympic canoeist David Hearn exits the courthouse following his arraignment on a felony destruction of property charge related to vandalizing the Lincoln Memorial Reflecting Pool, at DC Superior Court in Washington, July 9, 2026.Elizabeth Frantz/Reuters, FILE
"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 statement from attorneys Norm Eisen, Mary Dohrmann and Steve Levin said.
"The administration owes Mr. Hearn an apology," they added.
The U.S. attorney's office declined to comment on the dismissal of charges.
It is not known when the judge will make a decision on the U.S. attorney's motion.
Billed as a signature project to beautify Washington, D.C. by President Donald Trump, the Lincoln Memorial Reflecting Pool was plagued with algae and peeling paint since the $16 million renovation of the landmark was completed.
Trump has repeatedly blamed the issues on vandals, including one he said used a boxcutter or knife to make a more than 300-foot gash in the pool.
"I saw it. They cut it. They cut it very violently," Trump told reporters of alleged vandals. "The same thing with the floor. They cut it and then they lifted it. They pulled it. And that's what it is."
At the time, five people had been arrested and five others issued federal citations for alleged vandalism at the Reflecting Pool, according to the Interior Department.
Atlantic Industrial Coatings was paid more than $14.6 million to resurface the Lincoln Memorial Reflecting Pool, according to the most recent federal contracting records.
The company was awarded the contract after a no-bid process in part to expedite the project in time for July 4.
Last month, the company acknowledged in a statement that "some areas in the Reflecting Pool" required repairs. The company did not immediately respond to a request for comment about the DOJ's conclusions about the damage to the pool.
ABC News' Peter Charalambous contributed to this report.
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NO IT DID NOT! What the evidence shows beyond a reasonable doubt is that the goon Pirro and the Trumpist regime persecuted David Hearn, a great American, for no reason other than to make him a scapegoat for Trump's cronies' incompetence. I hope he sues.
pirro already looks like trump threw her under the bus, oh wait, it's coming back ...
Unfortunately, suing Trump isn't going to go anywhere. He'll just say he was only repeating what his people told him.
I think that Pirro and possibly the park police might be the people to sue.
I'm not so sure Trump can get off that easily. Just because he may say someone told him something doesn't mean he will be believed. Even if someone claims they did, it's still a matter of credibility. If I was Trump, and it's a question of credibility, I wouldn't be too sanguine a jury would find in my favor.
I think there might be a better claim against Pirro for defamation/reputational damage based on her arguably false and malicious statements when she spoke to the press. It's my understanding that prosecutors do not have absolute immunity from claims for out-of-court defamatory statements. Also, I don't know that the Department of Justice gets off without some liability in this matter, although there are a lot of hurdles to overcome.
I'd say about a billion ought to cover it.
That's reasonable. You can be on the jury.
I thought $10 billion was the going rate for trump lawsuits, for or against ...
I dont suppose they apologized to the man.
Not a chance. Trump would bust a gut if they apologize to him, but they will be required to as part of the settlement of his lawsuit. Stay tuned.
a signed NDA in exchange for a check will probably have to suffice ...
And there are 6 or 7 others arrested and, or cited that will have to be exonerated.
Hearns's should be entitled to damages and legal fees at a minimum.
trump's willing to pay 10x the bid for the botched job, he'll pay just as much to keep it quiet. it's not his money ...
This was the most outrageous use of lawfare thus far from Trump. What a despicable administration.
Jeanine Pirro is a piece of shit. Imagine this sick fuck bringing a lawsuit against David Hearn, putting him under all that stress and financial burden. No empathy, no sense of morality; perfect for Trump.
I couldn't agree more.
Did you happen to see her press conference when she announced his prosecution? It was infuriating. Hearn should be the recipient a significant damages award when this is all done. I would take his case for free, pro-bono.
The whole thing is a disgrace. History will not be kind to these evil, corrupt monsters. Let's hope the voters won't be kind to Trump, or his feckless party, in November. It may be wishful thinking on my part, but I'm anticipating a slaughter. A well-deserved slaughter unlike too many we've ever seen.
I did, and I was disgusted.
It was outrageous. She is hideous. She should be investigated by her bar association for this. I believe she is licensed to practice in New York.
wasn't she called a judge on FOX or have a show on that network as a judge, at the turn of the century ...?
she wire tapped her husband during their divorce, then got him a pardon later for some criminal felonies ...
weathered a drunk on air scandal ... made a lot of noise and probably accomplished little or nothing ...
how old is she anyway? she should go buy a new face, the seams on the last patch job are coming apart ...
I just checked. She's 75. I also just saw a headline for an article calling her a "goon". Exactly what I called her earlier.
she probably hadn't counted on the total humiliation by trump as part of her job function ... ... bummer.
I think she should be sued into bankruptcy and lose her law license
general population at the DC jail with a tube of lube and some tic tacs ...
that, too
maybe she can get her old job at FOX back ...
That is the idea: Behave as erratically and viciously as possible. Character assassination. Slanderous claims so farfetched that no-one can believe them.
All in a days work for the fascist government we now have.
it's not like trump has to pay the gov't attorneys he can set on people now with bullshit threats, plus he has immunity ...
Trump is an abysmal being.
That's the nicest thing you could say about him.
"Witnesses" - if they exist - lied. The Department of Interior lied. Pirro lied. Trump lied. Literally everyone in government involved in this lied. They are still lying when they reference "newly discovered information." And everyone knows it. They didn't newly discover anything.
No human being with two operating brain cells actually believed this guy sliced up the reflecting pool and "forcefully and violently" tore pieces of it off.
There should be some kind of consequences for this shit.
there is, this site is infested with morons that hang on trump's every word and believe him, and we're expected to be civil towards them.
Even those people know better. This whole escapade is indefensible, so they won’t even try. And none possess the integrity to acknowledge they let themselves get caught up in this bullshit.
I've got a nastier term for than morons. It's basically the same term a certain someone here uses when he bashes the other side
isn't maga synonymous with nazi and klan now?
in my dictionary it is
-- or --
This site has paid trolls who are paid exorbitant salaries to spin anything the current administration does or says.
I agree. They are like surrogates around here. Defending the administration hurting of people unlike themselves. Pretending that people are hurting them when in fact it is them working to take away the rights and joys of others living in this country they demonize.
There sure should be. It would be great to see something happen.
I see a class action suit in Trump's future. We the People Vs the Trump administration for crimes against America and all Americans.
he hasn't got that long ...
Nice fantasy, but that's not how it works.
Trump is upset with Pirro. He still thinks the guy is guilty.
the maga moron is doubling down on the story he and his incompetent toadies concocted to misdirect the blame from his no bid shoddy contractor ...
That means she's probably out of her job as a U.S. Attorney, which is a good thing.
Trump doesn't think the guy is guilty. He knows the guy isn't guilty. He just wants a scapegoat to try to make it so he doesn't look bad for hiring a shitty contractor and fucking things up.
If Trump fires her she'll probably go out and get hammered.
[✘]
Or maybe he he doesn't want his exhortations to "Go Faster! Get It done!" to be mentioned...
Trump is mad that Pirro did not find a way to keep his lie alive.
Trump claims that this video proves the pool was cut with a boxcutter. In the video a couple of people along the rim of the pool stick their hands in it. No knife is visible and the quality of the video is mediocre at best.
Truth Details | Truth Social
How anyone with more than half a brain can continue to support this lying sack of shit man baby I will never understand. I think it more likely that there just aren't any.
These idiots would still believe Trump if he told them he's an alchemist who figured out how to make gold out of lead. And in a way, he did. Of course, the gold is coming out of their pockets, and the lead is clearly in their heads.
I did notice there don't seem to be any of the conservative voices who were here just a few weeks ago raging at the supposed vandals that must hate America and Trump so much. But then again, I never really expect much from hilariously inept Trump crisis management team.
I know, the whole mess is just insanity. And Trump seems to think he can pull off this ridiculous charade.
speaking of charade...
Waters has always been too left for me, but I am all in for this performance. Perfect!
Man, he is really letting Trump have it!
Amazing how well this 2016 performance applies in 2026.
To her credit, Pirro took sections of the failed blue liner to the White House to prove it was disintegrating and was not cut cleanly with a knife or boxcutter.
He still thinks it was vandals and switches to the grass 8647 in multiple sizes, multiple times.
poor thing.
Trump is the same REPROBATE that would not accept after years of their imprisonment. . . for which he takes partial credit for 'achieving' and would NEVER apologize or stand down from even when the facts came out vindicating the so-called, "Central Park Five."
That bastard is sick in the head. The type of loser that wants to be made right even when he is wrong. It is a sickness (in the head) and people ought to get over this bullshit. At least if they are going to 'do this'—let truth be the root cause of their just acts, instead of decrepit old fuckers that simply want the WORLD to do what he says without questioning!
Pirro indicted first and viewed evidence later. She followed orders from Trump instead of following normal jurisprudence practices. She engaged in an obscene and irresponsible form of lawfare. She gets no credit in my book.
Trump never thought it was vandals. He just came up with that brain-dead stupid excuse and in his usual style is sticking with his lie no matter what. Just like the 2020 election being rigged.
he he CB used the "f" word...
OMG, "beloved" I am so sorry! I will try to do better. . . it is just that some people try the patience of any 'Job'! They are just "in yo face" at all times. . . and you know what you want to do to a 'gnat'—swat it, spit, or cuss! I will do better (as soon as I can).
I applaud you for going outside your zone.
we're a bad influence on CB ...
No! You're fine. It is the perpetuation of lies and endless aggression that is a vexation of the spirit (in me). I, like many citizens, want to believe that people want to live their TRUTH for themselves and if it, they, fail it be on them! And, not just be stuck (an archive) in some man's or woman's idea of a menagerie.
There is a book that discusses Trump and his love-for chaos, cutthroat capitalism, and aggression. Thus, what we see from him at 80 years old is what he was at 30 years old thereabouts! Evidently, the man has been a transactional JERK for the majority (all?) of his life! Oh, and yes, he adores opulence and pageantry - from his mother. (His dad was 'cheap' relative to his mom's way of looking and living.)
Trump has always wanted to be larger than life. . . he spends his money trying to do just that. . . of course now he can spend the nation's money to make himself look good. . . and 'busy.' That fool is truly a messed up individual.
That is why I cuss: It's been too long a time with him in the news daily!
You got a mouse in your pocket?
maybe, did you want to check for one?
Of course there is no defending Trump, but even in one of his most blatant lies, Trump supporters offer no criticism. Silence.
They love and adore him. As far as they are concerned, he can do know wrong. It's a pretty pathetic situation.
Get that pedo away from that little girl!
Looks like Pirro is likely out of a job for not defending trump's lies...
Looks like Trump's agenda is staring down his poll numbers too.
“…Trump's agenda…”
An oxymoron if ever there was one.
Moving from one self-inflicted blow to another selfish blunder at breakneck speed under the guise of sophomoric sloganeering. It will only get worse as he paddles furiously into his inevitable lame duck reality.
That wretched woman worked cases as a judge?! Hell, we need to sic Nancy Grace on Pirro! "Get me Nancy Grace on the line. . . !
No NT conservatives have anything to say about this? I guess the bots are programmed to avoid becoming fish in a barrel.
What would they really have to say? When Trump speaks, for them, his word is law.
It is back to Biden time.
Or maybe Obama's daughters cut the liner too...