DOJ will drop Reflecting Pool criminal case, citing 'flawed installation'
The Hill · C · trust 48/100
Comments: by Zach Schonfeld - 07/31/26 7:02 PM ET Comments: Link copied by Zach Schonfeld - 07/31/26 7:02 PM ET Comments: Link copied NOW PLAYING The Department of Justice (DOJ) moved Friday to drop its criminal prosecution of a former Olympian charged with destroying the Lincoln Memorial Reflecting Pool, saying the damage was instead the result of a “rushed and botched installation.”
U.S. Attorney Jeanine Pirro’s office blamed the contractor for overspraying and delamination.
In a new court filing , the office indicated it no longer stands behind its case against David Hearn, a three-time Olympic canoeist who pleaded not guilty to felony destruction of property earlier this month.
“Specifically, the newly released documents reveal that work on installing the lining almost immediately fell behind, due to a combination of very rainy and windy weather, repeated failures of testing on the sealing of the expansion joints, and delays in obtaining sealing product at the worksite,” prosecutors wrote.
“The rush to complete the project led to hasty and botched work that was not remediated before the project was finished and the fencing removed,” the filing continued.
The final decision to dismiss Hearn’s charge rests with the judge overseeing his case.
The Reflecting Pool work is one of several projects the administration is conducting in Washington, D.C., as President Trump seeks to improve the city in conjunction with the nation’s 250th birthday.
Hearn was indicted earlier this month after prosecutors said he “forcefully and violently” ripped up the new bottom liner of the pool with both hands, causing more than $1,000 in damage to 2 square feet of sealant.
At turns, prosecutors’ new filing pins blame on Atlantic Industrial Coatings — which was granted a multimillion-dollar contract to perform the work — and the Interior Department for its initial “barebones” report about the incident.
Prosecutors said it’s now evident some of the damage was in areas unlikely to be the result of vandalism, and a National Park Service engineer had raised concerns about peeling days before Hearn’s arrest. Prosecutors insist they didn’t become aware of the broader issues until after Hearn was charged.
“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,” prosecutors wrote.
The Hill has reached out to Hearn’s legal team and the contractor for comment.
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