Trump DOJ drops Reflecting Pool case against Olympian, cites 'flawed' contractor work behind damage

WASHINGTON, DC: The Justice Department has moved to dismiss criminal charges against former Olympian David Hearn after concluding that damage to the Lincoln Memorial Reflecting Pool was caused by a flawed contractor installation rather than vandalism. The move marks a dramatic reversal weeks after prosecutors accused Hearn of deliberately damaging the landmark.

Prosecutors said newly produced documents from the Department of the Interior significantly weakened the government's original case and made it difficult to establish beyond a reasonable doubt that Hearn caused the damage. Hearn had pleaded not guilty earlier this month to a felony destruction of property charge.

DOJ says new Interior Department records weakened case against David Hearn

In a court filing Friday, July 31, the US Attorney's Office for the District of Columbia acknowledged it only became aware of evidence pointing to "a rushed and flawed installation process" after a grand jury had already indicted Hearn.

According to prosecutors, US Attorney Jeanine Pirro personally visited the Reflecting Pool after it was fully drained, prompting the DOJ to request additional records from the Department of the Interior. Those documents described repeated failures during the installation of the pool's protective lining by contractor Atlantic Industrial Coatings, including extensive peeling throughout the project.

The filing states the renovation was completed under pressure to finish before the July 4 America 250 celebrations and that internal National Park Service records had already warned sections of the coating along the pool's perimeter were vulnerable to peeling. Prosecutors said the area Hearn was accused of pulling matched the section engineers had previously identified as susceptible to failure.

"Because these recently-produced materials significantly undermine the evidentiary basis for the indictment initially supplied by the DOI and US Park Police, the USAO-DC respectfully moves to dismiss the indictment without prejudice," the filing states.

The Justice Department added that, based on the newly obtained evidence, "it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt."

David Hearn attorneys seek apology after DOJ moves to dismiss case

Hearn's attorneys argued the case should never have been brought, saying the government's own findings now contradict its earlier allegations.

"Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government's approach was ready, fire, aim," attorneys Norm Eisen, Mary Dohrmann and Steve Levin said in a statement. "The administration owes Mr. Hearn an apology," they added.

The motion to dismiss comes after prosecutors had alleged Hearn "forcefully and violently" tore up sections of the Reflecting Pool lining. President Donald Trump had also repeatedly blamed vandals for damage at the landmark and vowed jail time for Hearn, claiming individuals used cutting tools to rip apart the newly installed surface.

Federal records show Atlantic Industrial Coatings received more than $14.6 million through a no-bid contract to resurface the Reflecting Pool before the America 250 celebrations. The company previously acknowledged that "some areas in the Reflecting Pool" required repairs but did not immediately respond to the Justice Department's latest conclusions.