The Department of Justice (DOJ) has moved to dismiss the criminal prosecution of David Hearn, a three-time U.S. Olympic canoeist, who was charged with felony destruction of government property for allegedly damaging the Lincoln Memorial Reflecting Pool. Prosecutors now say the damage was caused by a "rushed and botched installation" of a new sealant at the bottom of the pool, not vandalism.

Attorney Jeanine Pirro’s office blamed the contractor, Atlantic Industrial Coatings, for overspraying and delamination. Newly released documents reveal that the installation work fell behind schedule due to very rainy and windy weather, repeated failures in sealing expansion joints, and delays in obtaining sealing products. This rush led to hasty and flawed work that was not corrected before the project was completed and fencing removed.

Hearn was indicted earlier in July 2026 after prosecutors alleged he "forcefully and violently" ripped up about 2 square feet of the new sealant, causing over $1,000 in damage. However, prosecutors now acknowledge that some damage was in areas unlikely to be caused by vandalism. A National Park Service engineer had noted peeling sealant days before Hearn’s arrest.

The project to renovate the Reflecting Pool was part of several initiatives championed by President Trump in preparation for the nation’s 250th birthday celebrations. Trump had described the repairs as necessary "to fix the scars and damage that was done by the Vandals."

Hearn’s attorneys, including Norm Eisen, Mary Dohrmann, and Steve Levin, strongly denied the vandalism allegations and criticized the case, stating, "The Trump administration's case against Davey Hearn should have never been brought." They also argued that the removal of fencing and subsequent repairs spoiled evidence used in the prosecution, with a judge warning that the government was "operating at its own peril."

The final decision to dismiss the charges rests with the judge overseeing the case.

Sources