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DOJ admits the Reflecting Pool damage was a ‘botched installation,’ not vandalism. So it dropped the case against David Hearn.

Reversed course

The Justice Department said Friday that the damage to the Lincoln Memorial Reflecting Pool was caused by a “hasty and botched” renovation, not vandalism. As a result, prosecutors dropped the criminal case against David Hearn, a former Olympic canoeist who had been accused of tearing up part of the pool’s lining.

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According to CNN, the announcement came in a new court filing from DC US Attorney Jeanine Pirro. It marks a reversal for Pirro and for President Donald Trump, who had spent weeks publicly blaming vandals for the pool’s damaged lining, algae buildup, and green-colored water.

Three other people were also charged in connection with the pool’s problems and had pleaded not guilty to lesser misdemeanor charges. Federal prosecutors dropped the charges against at least one of them as well on Friday, according to DC court records.

Prosecutors say they relied on incomplete information from Interior Department

Trump ordered the $14 million renovation in May, which included painting the bottom of the pool a bright blue, with a deadline to finish before the Fourth of July. The project was part of a larger series of changes Trump has directed at monuments across Washington, DC this summer, and it drew criticism.

In the filing, Pirro’s office blamed other federal agencies, particularly the Interior Department, for both the failed renovation and for Hearn’s prosecution. “The damage was the result of a botched installation and not vandalism as initially represented by DOI. Indeed, USAO-DC could only rely on the information provided by DOI that the damage was entirely caused by vandals,” the filing said.

Prosecutors also said a recent inspection found damage spread throughout the pool, including in the middle, where a vandal would be unlikely to try to peel the lining. “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.

Trump had repeatedly blamed unnamed vandals for the damage without offering evidence. On July 17, he wrote on Truth Social that “The Scum in Court will hopefully be prosecuted to the MAX,” calling them “animals.” His description of the damage also grew over time, from a “250 foot long gash” in June to 300-yard-long “slashes” in July.

The timeline laid out in Friday’s filing does not match Trump’s public statements. On June 11, a National Park Service engineer told colleagues at the Interior Department about peeling around the edges of the pool liner, more than a week before Hearn visited the site. Prosecutors said this was the same section of the pool Hearn was accused of damaging. Hearn was arrested on June 19, and his indictment on the pool charges followed on July 2.

Weeks after the indictment, prosecutors said they received information from the Interior Department describing serious problems with the contractor’s work. “DOI provided less than fulsome information at the outset of this case,” Pirro’s office wrote. “Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment.” Prosecutors also said they had received only “barebones police reports” from the US Park Police.

Pirro’s office said it could not fully assess the extent of the damage until July 17, after the pool was drained again. “None of the DOI employees suggested that the poor condition of the Reflecting Pool was largely the result of failures during the process of installing the liner,” the filing said. 

After requesting more documents, prosecutors said the material they received “indicated 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.” Prosecutors said the rushed timeline was tied to events planned on the National Mall for the country’s 250th anniversary.

Hearn, a former Team USA Olympic canoeist, had been accused of pulling up a small section of the pool’s blue coating in June, during a period when algae growth was drawing more visitors and protesters to the site. He had pleaded not guilty to the felony charge in DC Superior Court, and his attorneys had said they planned to fight the case. Several of his neighbors and fellow canoeists from Maryland had also protested the charges.

Pirro’s filing said the Interior Department only gave prosecutors additional documents after Hearn’s indictment, and that those documents showed the June 2026 damage was caused by “flawed installation by the contractor, Atlantic Industrial Coatings, and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”

When CNN contacted Atlantic Industrial Coatings on Friday evening, an employee said the company had not yet heard about the filing and declined to comment further.

In a statement Friday, Hearn’s attorneys said, “The Trump administration’s case against David Hearn should never have 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.” His legal team has also called for a public apology over how the case was handled.


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Towhid Rafid
Towhid Rafid is a content writer with 2 years of experience in the field. When he's not writing, he enjoys playing video games, watching movies, and staying updated on political news.