DOJ Drops Case Against Former Olympian; Says Reflecting Pool Renovation Was Flawed
Hearn’s exoneration does not rule out the possibility that others vandalized the landmark.
The Department of Justice dropped its felony destruction of property case against former Olympic canoeist David Hearn on Friday, conceding that the damage to the Lincoln Memorial Reflecting Pool resulted from a rushed, botched installation by the contractor rather than vandalism.
Hearn, 67, was arrested June 19 on a misdemeanor charge of destruction of government property after he was observed “interacting with a partially detached section of the pool liner.” He was accused of “forcefully and violently pulling up and removing the bottom liner with both hands.”
On July 2, a Washington, D.C., grand jury returned an indictment charging Hearn with a felony count of malicious destruction of property. Prosecutors alleged he caused more than $1,000 in damage, which elevated the offense.
The three-time Olympian vehemently denied responsibility for removing the piece of the liner. He claimed that, at the end of a 52-mile bike ride, he decided to visit the Reflecting Pool to see the results of the renovations when he noticed an already-peeling piece of the liner in the water. He maintains that he merely touched it “to see what it felt like,” and insists that he “didn’t destroy or break or peel anything. By the time I realized what was happening, I was already being handcuffed.”
Here is footage from Hearn’s arrest:
Exclusive! RAW VIDEO. Man arrested for vandalizing Lincoln Reflecting Pool. He grabbed the hose that female National Park Service workers were using to clear the algae. Police and National Guard responded. Watch pic.twitter.com/oMIXFqKwEs
— emily miller (@emilymiller) June 19, 2026
U.S. Attorney Jeanine Pirro noted in the motion to dismiss that documents the Department of the Interior produced late in the case showed the reflecting pool’s extensive peeling was caused by a “flawed installation by the contractor,” who had been in a rush to complete the $14 million renovation in time for the America 250 celebrations.
The motion to dismiss (which is attached below) states:
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.
A recent visual inspection showed damage throughout the Reflecting Pool, even in the middle of the pool, where a vandal would not likely attempt 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.
Following the dismissal, Hearn’s attorney Norm Eisen — a familiar name — called on the Trump administration to apologize to his client.
The Trump admin’s case against Davey Hearn should have never 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 administration owes Mr. Hearn an apology.
The Trump admin’s case against Davey Hearn should have never 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 administration owes Mr. Hearn an apology. https://t.co/V37bONO45M
— Norm Eisen (@NormEisen) July 31, 2026
Given Trump’s outspoken condemnation of the alleged vandalism of the Reflecting Pool, reporters from CNN and other liberal media outlets were quick to gloat after the Justice Department dropped the case.
CNN wrote, “The admissions are an embarrassing reversal for Pirro — and for Trump, who has insisted publicly for weeks that vandals were solely responsible for the severely damaged pool lining, chronic algae blooms and green-hued water at the iconic landmark.”
But, to its credit, when confronted with evidence that undermined its case, the Justice Department did the right thing by moving to dismiss the charges. Frankly, I can’t recall the Biden or Obama administrations ever acknowledging a mistake so directly.
Finally, Hearn’s exoneration does not rule out the possibility that others vandalized the landmark. It remains far from clear that the contractor’s “rushed” and “flawed” installation was solely responsible for all of the damage to the Reflecting Pool.
Numerous credible reports of vandalism predated Hearn’s visit. Among them was the discovery of “86 47” etched into the pool’s lining just one week after the same message had been carved into the grass on the National Mall.
Given the Justice Department’s acknowledgment that flawed workmanship — not vandalism — caused the damage originally attributed to Hearn, it seems unlikely prosecutors will pursue the remaining allegations. Even so, dismissing Hearn’s case does not erase the other reported acts of vandalism. Based on the evidence available so far, Trump’s concerns appear to have been well-founded.
🚨 JUST IN — EXCLUSIVE: United States Park Police are investigating an “86 47” inscription on the sealant of the Lincoln Memorial reflecting pool
We discovered writing just now while walking the edge of the pool.
This BS needs to end.
This comes as mobile SURVEILLANCE TOWERS… pic.twitter.com/z9aB9xf4wT
— Nick Sortor (@nicksortor) June 19, 2026
A bunch of people who don’t know what they’re talking about keep saying this report is related to David Hearn. Its not. Hearn was arrested on June 19. This is about the vandalism on June 8 night that was discovered on June 9 that Trump talked about. https://t.co/ZkIv23uo2y
— emily miller (@emilymiller) August 1, 2026
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Comments
Former Olympian missed his common sense class. Being seen digging for liner material at this very public, contested site- wasn’t smart. Just stay away…
Was hoping by now 86-47 James Dorkey would have been strung up for treason by now.
I really don’t understand Piro
There were many videos the Park service had of individuals with cutters, climbing in the pool cutting the liner
I really don’t know why she said what she said
What videos? What makes you think those ever existed? If they did, why were none of those people ever arrested? More likely they never existed in the first place and it was all a pack of lies. Just like the claim that this guy grabbed a hose.
Then where are they. Where are these alleged videos showing people actively vandalizing the reflecting pool. For sure if they existed then Trump would have been posting them all over his TruthSocial propaganda platform. But nope, nothing. So where are these videos. . Oh right, they never existed because nobody was climbing n the reflecting pool cutting up the lining. It’s all just in the fevered mind and imagination of Trump and his bootlicker acolytes.
eot
No there weren’t, there were just reports of people doing that.
According to what google currently says, there are indeed videos of many individuals reaching or stepping into the pool (which at the time was not open to direct public interaction or wading) for whatever reason. However all the videos are too fuzzy to definitively show whether they had tools in hand – or not. Failing new witness testimony or close-up social media pics or stupid confessions to supplement the low-def surveillance pics – and given extensive delamination in parts of the pool never touched by (supposed) trespassers – doesn’t look like anything more than misdemeanor trespassing could be charged – definitely hard to argue >$1k damage to already damaged by hurried contractors pool lining material. So definitely no felony charges.
People are often curious monkeys who treat “do not touch” like moths drawn to a flame.
This can explain the trespass and grabbing of already loose liner stupidity.
OC some of the monkeys here may indeed have intended TDS action.
Hopefully the current DOJ won’t follow in the footsteps of the Biden era DOJ and stupidly mass-charge stupid misdemeanor trespass etc. as if it were armed insurection.
So the claim that Hearn “grabbed the hose that female National Park Service workers were using to clear the algae” was an outright freaking lie. Good to know. Now who was responsible for telling that lie?
This is a huge embarrassment for those of us who took the DOI and the President at their word, and defended the arrest. This guy is owed not just a huge public apology but also financial compensation, and whoever made up the lies about him needs to be publicly fired. Not Pirro but whoever at DOI told her those lies. (Though I wouldn’t mind seeing Pirro fired too, but for other reasons.)
It also doesn’t rule out the possibility that Martians abducted Trump and replaced him with a lizard person. But that’s not very likely, is it?
“Hearn’s attorney Norm Eisen — a familiar name — called on the Trump administration to apologize to his client.”
Jeanine Pirro:
Sorry, Norm… this is the wrong line to get apologies. The apology line is in the other wing of the building.
Every word of that Pirro quote turns out to have been false. Her excuse is that she was misinformed. But she was the one who repeated that misinformation, so she owes him an apology, and a promise to find out who told her these lies and see that that person is fired.
She jumped when she should have sat. Eyewitness accounts are frequently the least credible. Waiting to charge until *after* the pool was drained and the area examined would not have cost the prosecution one bit in a *valid* prosecution of vandalism. The statute of limitations would not have run out, the supposed perp would not have fled the country, and there would have been an actual examination of the damage instead of guessing what was under the waterline. This is exactly what the Biden DOJ did whenever a Republican crossed their sights. (and lied about any evidence collected afterward) At *least* the DOJ dropped the charges here instead of digging their hole deeper, but they handed the Trump-hating crowd a golden talking point which will be flogged on every TV show and news article from now until Doomsday.
He was just testing it to re-cycle.
As Skakey would say, “Much ado about nothing”.
No matter the facts, no conviction would have happen in that city.
To me, this is the more likely reason for dismissing the charge. If he sues, the administration need only put on its prosecution, presenting whatever testimony or evidence is available demonstrating that the charge itself was valid (or at least, not unreasonable), but maybe inadequate to gain a conviction.
Is “preponderance of evidence” a two-way street in a civil matter?
Did he grab a male National Park Service worker’s hose?
” ….. the reflecting pool’s extensive peeling was caused by a “flawed installation by the contractor,” who had been in a rush to ….. ”
Why isn’t anyone asking if the contractor is required to re-do the installation correctly or repay the involved costs plus a fine? Yes, that could potentially bankrupt the contractor, but doing slipshod work and getting away with it is just as bad as the corruption DOGE found. It needs to be stamped out!
It was always acknowledged that the sealant was already damaged. Hearn was accused not of causing the initial damage, but of forcibly tearing out a part of the sealing material that was still attached. At the time, some of his defenders said “It was already damaged.” Yes, it was. But as I replied at the time, you can’t throw a rock through a window and plead “But someone else had already put a rock through the window.” That’s not relevant (IMOH). But this may have been why the charges were dropped. Aside from the political climate in D. C., there would be the problem of convincing a jury that damage done to something already damaged is a crime.
In DC, it’s already a problem to convince a jury that damage done to somebody who has insurance is a crime.
On the grasping hand, it is far too easy to convict someone of being a Republican Standing Around And Looking Suspicious in a DC courtroom.
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