US drops case against ex-Olympian over Reflecting Pool damage, blames contractor installation

The charge collapses

A criminal case that a US prosecutor once called an effort to ensure "accountability" crumbled late Friday. The Department of Justice moved to dismiss the felony indictment against David Hearn, a three-time Olympic canoeist, just 29 days after he was charged with vandalizing the Lincoln Memorial Reflecting Pool. The motion, submitted in D.C. Superior Court, acknowledged that the damage to the pool's blue liner was "the result of a botched installation and not vandalism."

The damage was the result of a botched installation and not vandalism, as initially represented by the Department of the Interior.

Hearn, 67, had been accused of using his bare hands to tear the newly installed liner on June 19, when he stopped by the pool during a bike ride and touched a loose chunk. He was detained by National Guard and US Park Police for five hours. Prosecutors had charged him with felony destruction of government property, which carries a maximum 10-year sentence and a $1,000 fine. He pleaded not guilty on July 9.

A flawed renovation, not a vandal

The Reflecting Pool, part of a $16.4 million renovation pushed by President Trump (some reports cite $15 million), had reopened in June but quickly filled with green algae and peeling sealant. The DOJ filing, spanning about 19 pages, said the Interior Department later supplied documents showing the damage occurred before Hearn's visit and was caused by a "rushed and flawed installation process, with repeated failures of the lining during the installation process, and extensive peeling of the lining throughout the Reflecting Pool." The rush to finish the project before America 250 Independence Day celebrations, combined with inclement weather and testing failures, led to "hasty and botched work that was not remediated," Pirro's office wrote.

Last week, a National Park Service official testified that the pool liner was already damaged independent of Hearn's actions, casting doubt on the case. Hearn was one of seven people charged over the pool, but the only one facing a felony count.

A high-profile renovation under scrutiny

The Reflecting Pool project is part of a broader effort by Trump to reshape Washington's monuments during his second term, which has included tearing down the East Wing of the White House, gilding statues with gold leaf, and proposing a triumphal arch. The $16.4 million pool upgrade was meant to improve water quality and prevent chronic algae blooms, but within days of the June reopening, green scum returned and the blue sealant began peeling in sheets. The damage was so widespread that even prosecutors conceded it was "difficult to attribute the widespread damage to the Reflecting Pool to vandalism." They placed responsibility squarely on the contractor's flawed installation and the Interior Department's failure to disclose pre-existing problems before seeking an indictment.

Lawyers demand apology

Hearn's legal team, Norm Eisen, Mary Dohrmann and Steve Levin, issued a sharp statement after the dismissal.

The Trump administration's case against Davey Hearn should have never 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.

The White House did not respond to requests for comment. Pirro's office declined to elaborate beyond the court filing. The case, which President Trump had previously cited amid claims of vandalism against his renovation projects, now stands as a remarkable reversal for the administration. Hearn's trial, previously set for September 28, will not proceed.