Prosecutor reveals why former Olympian should never have faced Reflecting Pool felony charges

WASHINGTON, DC: A Justice Department prosecutor has said the federal government would never have indicted former Olympian David Hearn over alleged vandalism at the Lincoln Memorial Reflecting Pool had the Department of the Interior disclosed key evidence earlier in the investigation.

The disclosure came in a July 31 court filing by Assistant US Attorney Michael Spence, who said Interior officials failed to provide prosecutors with critical records detailing construction defects at the Reflecting Pool before the case was presented to a grand jury.

The filing comes days after the DOJ moved to dismiss the felony case against Hearn, citing "flawed" construction at the pool.

Justice Department blames Interior for indictment

In the filing, Spence wrote that prosecutors repeatedly sought information from the Department of the Interior but initially received "less than fulsome information," with documents only beginning to arrive after his office reached out "dozens and dozens of times."

Spence said those records revealed a rushed installation process, repeated construction interruptions caused by heavy rain, and pre-existing engineering concerns involving the Reflecting Pool's protective liner.

"Had the DOI been forthcoming with the information clearly in its possession, the government would not have brought a grand jury indictment," Spence wrote. 

The records described long expansion joints beneath the Reflecting Pool that required contractors to apply an additional coating. National Park Service engineers reportedly warned shortly after installation that the perimeter coating could become vulnerable to peeling.

The documents also showed that heavy rainfall repeatedly delayed construction and forced crews to stop and restart work while mechanically drying portions of the liner.

Internal emails cited by prosecutors described the renovation as "significantly behind schedule" while reflecting pressure to complete the project before July Fourth celebrations.

Spence said continuing the prosecution after receiving the new information would have violated Justice Department policy and prosecutors' constitutional obligation to disclose evidence favorable to Hearn's defense. 

DOJ case dismissal sparks Trump clash

The court filing follows the Justice Department's decision to dismiss the vandalism case against Hearn after concluding it could no longer prove beyond a reasonable doubt that he caused the damage. The reversal has also exposed divisions within the administration.

US Attorney Jeanine Pirro personally brought a box of evidence to the White House on Monday, August 3, to explain to President Donald Trump why prosecutors dropped the case, according to CBS News.

The report said Pirro presented records showing the damage resulted from a flawed renovation rather than criminal vandalism. 

Trump, however, has publicly rejected that conclusion. "No, Jeanine Pirro made a mistake. It was vandalism," Trump said on Tuesday, August 4. "I just told you we did, I think, 78. One of the things was the reflecting pool. Hasn't worked since 1922 because it always leaked."

Hearn had pleaded not guilty after being charged with felony destruction of government property following his arrest by the US Park Police on June 19, 2026.