The Justice Department (DOJ) moved on Friday, August 1st, 2026, to dismiss felony destruction-of-property charges against former Olympian David Hearn related to damage at the Lincoln Memorial Reflecting Pool. Prosecutors found new evidence indicating the damage to the pool’s lining was caused by a “rushed and botched installation,” including over-spraying and repeated sealing failures during a hurried renovation ahead of the America 250 celebration.

Hearn, 67, had been indicted earlier in the month after prosecutors accused him of “forcefully and violently” ripping roughly two square feet of the pool’s liner. He pleaded not guilty to the felony charge. The National Park Service had reported peeling sections of the new lining just two days after the project’s completion on June 9th, 2026, and an engineer raised concerns about the peeling days before Hearn’s arrest.

Despite the DOJ’s findings, Interior Secretary Doug Burgum doubled down on claims that vandals were responsible for the damage. Writing on the social platform X, Burgum insisted that bad actors repeatedly caused damage to the Reflecting Pool, with some acts caught on camera. He stated, “Intentional damage done to the Reflecting Pool is no different than defacing any one of our other national monuments. We won’t back down to deranged people who want to destroy, deface, or degrade our monuments.”

President Donald Trump publicly disagreed with U.S. Attorney Jeanine Pirro’s decision to dismiss the case. Posting on Truth Social, Trump called the damage “a pure case of VANDALISM,” including damage to the grass where the numbers “86 47” had been etched in giant letters near the pool. He questioned Pirro’s judgment, saying, “I don’t know what she was thinking?”

Pirro’s office noted in court filings that the pool’s issues stemmed from contractor errors and weather delays, including very rainy and windy conditions that hampered installation. The administration faced scrutiny after the pool’s “American flag blue” paint began peeling and algae blooms formed, requiring multiple drainings for repairs.

The DOJ’s dismissal followed requests from Hearn’s lawyers to release the grand jury record, citing “irregularities” during the closed-door proceedings. Prosecutors concluded that given the newly discovered information, it was difficult to attribute the widespread damage to vandalism beyond a reasonable doubt.

Sources