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:
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.
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.
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