The Justice Department moved to dismiss criminal charges against David Hearn, a former Olympic canoeist, who had been indicted on felony charges related to damage to the Lincoln Memorial Reflecting Pool. U.S. Attorney Jeanine Pirro filed to dismiss the indictment on Friday, stating that evidence from the Interior Department demonstrated Hearn bore no responsibility for the pool’s damage.
According to Pirro’s filing, the damage resulted from a faulty installation by a contractor and pressure to complete the project before America 250 celebration events surrounding July 4, as directed by President Donald Trump. Hearn’s legal team argued on Tuesday that prosecutors knew or should have known for weeks that the case was flawed. The defense said the government had “disregarded readily available evidence” showing the pool liner was already failing due to installation problems before Hearn’s alleged conduct.
Hearn’s lawyers contended the poor condition of the pool was “plainly visible” for weeks and publicly documented through photographs, video, and news reports. They argued the government proceeded to indict Hearn before obtaining information necessary to establish probable cause. The defense also noted that the key eyewitness was never presented to the grand jury, and a prosecution witness on damages stated repairs would have been necessary regardless of Hearn’s alleged actions.
The contractor, Virginia-based Atlantic Industrial Coatings, had publicly acknowledged before the indictment that portions of the project required repair. The firm received a $14.7 million no-bid contract for the work. Meanwhile, Trump defended the contractors and disputed claims of vandalism, saying Pirro was “totally wrong” and that Interior Secretary Doug Burgerm backed his assertions that vandals damaged the pool. The dismissal marked a rare instance during Trump’s second term of a Justice Department official openly contradicting the president.
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